Previous Next

Contents page 1-9 10-19 20-29 30-39 40-44 Last page

A

BILL

TO

Make provision for the holding of a referendum in the United Kingdom and
Gibraltar on whether the United Kingdom should remain a member of the
European Union.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

The referendum

1 The referendum

(1) A referendum is to be held on whether the United Kingdom should remain a
member of the European Union.

(2) 5The Secretary of State must, by regulations, appoint the day on which the
referendum is to be held.

(3) The day appointed under subsection (2) must be no later than 31 December
2017.

(4) The question that is to appear on the ballot papers is—

10“Should the United Kingdom remain a member of the European Union?”

(5) In Wales, the following Welsh version of the question is also to appear on the
ballot papers—

“A ddylai’r Deyrnas Unedig ddal i fod yn aelod o’r Undeb Ewropeaidd?”

2 Entitlement to vote in the referendum

(1) 15Those entitled to vote in the referendum are—

(a) the persons who, on the date of the referendum, would be entitled to
vote as electors at a parliamentary election in any constituency,

(b) the persons who, on that date, are disqualified by reason of being peers
from voting as electors at parliamentary elections but—

European Union Referendum BillPage 2

(i) would be entitled to vote as electors at a local government
election in any electoral area in Great Britain,

(ii) would be entitled to vote as electors at a local election in any
district electoral area in Northern Ireland, or

(iii) 5would be entitled to vote as electors at a European
Parliamentary election in any electoral region by virtue of
section 3 of the Representation of the People Act 1985 (peers
resident outside the United Kingdom), and

(c) Commonwealth citizens who, on the date of the referendum, would be
10entitled to vote in Gibraltar as electors at a European Parliamentary
election in the combined electoral region in which Gibraltar is
comprised.

(2) In subsection (1)(b)(i) “local government election” includes a municipal
election in the City of London (that is, an election to the office of mayor,
15alderman, common councilman or sheriff and also the election of any officer
elected by the mayor, aldermen and liverymen in common hall).

3 Further provision about the referendum

Part 7 of the 2000 Act (general provision about referendums) applies to the
referendum but see also—

(a) 20Schedules 1 and 2 (which make, in relation to the referendum, further
provision about campaigning and financial controls, including
provision modifying Part 7 of the 2000 Act), and

(b) Schedule 3 (which makes further provision about the referendum,
including provision modifying Part 7 of the 2000 Act).

4 25Conduct regulations, etc

(1) The Minister may by regulations—

(a) make provision about voting in the referendum and otherwise about
the conduct of the referendum, which may include provision
corresponding to any provision of Schedules 2 and 3 to the 2011 Act
30(with or without modifications);

(b) apply for the purposes of the referendum, with or without
modifications—

(i) any provision of the 1983 Act, or

(ii) any other enactment relating to elections or referendums,

35including provisions creating offences;

(c) further modify the 2000 Act for the purposes of the referendum;

(d) modify or exclude any provision of any other enactment that applies to
the referendum.

(2) The Minister may by regulations make provision for and in connection with
40the combination of the poll for the referendum with any one or more of the
following—

(a) the poll for any election specified in the regulations;

(b) the poll for any other referendum specified in the regulations.

Regulations under this subsection may amend or modify this Act or any other
45enactment (but may not alter the date of the poll for any such election or other
referendum).

European Union Referendum BillPage 3

(3) The Minister may by regulations make such amendments or modifications of
this Act or any other enactment as appear to the Minister to be necessary
because the referendum is to be held in Gibraltar as well as the United
Kingdom.

(4) 5Regulations under this section may, in particular—

(a) make provision for disregarding alterations in a register of electors;

(b) make provision extending or applying to (or extending or applying
only to) Gibraltar or any part of the United Kingdom);

(c) make different provision for different purposes.

(5) 10Before making any regulations under this section, the Minister must consult
the Electoral Commission.

(6) Consultation carried out before the commencement of this section is as
effective for the purposes of subsection (5) as consultation carried out after that
commencement.

5 15Gibraltar

(1) Regulations under section 4 which extend to Gibraltar may extend and apply
to Gibraltar, with or without modifications, any enactment relating to
referendums or elections that applies in any part of the United Kingdom.

(2) The capacity (apart from this Act) of the Gibraltar legislature to make law for
20Gibraltar is not affected by the existence of a power under this Act to make
regulations extending to Gibraltar.

(3) Subsection (2) does not affect the operation of the Colonial Laws Validity Act
1865 in relation to regulations made under such a power.

Supplemental

6 25Regulations

(1) Any power under this Act to make regulations, apart from the power of the
Electoral Commission under paragraph 12(10) of Schedule 3, is exercisable by
statutory instrument.

(2) Subject to subsection (3), a statutory instrument containing regulations under
30this Act may not be made unless a draft of the instrument has been laid before,
and approved by a resolution of, each House of Parliament.

(3) Subsection (2) does not apply to a statutory instrument containing only—

(a) regulations under section 10, or

(b) regulations made by the Minister under paragraph 12 of Schedule 3.

(4) 35Regulations under this Act, other than regulations under section 10 or
paragraph 12 of Schedule 3, may contain supplemental, consequential,
incidental, transitional or saving provision.

7 Financial provisions

(1) The following are to be paid out of money provided by Parliament—

(a) 40expenditure incurred under this Act by the Minister;

European Union Referendum BillPage 4

(b) any increase attributable to this Act in the sums payable under any other Act
out of money so provided.

(2) There is to be paid into the Consolidated Fund any increase attributable to this Act in
the sums payable into that Fund under any other Act.

8 5Definitions

(1) In this Act—

European Union Referendum BillPage 5

(2) Each of the following, as it exists on the day of the referendum, is a “voting
area” for the purposes of this Act—

(a) a district in England for which there is a district council;

(b) a county in England in which there are no districts with councils;

(c) 5a London borough;

(d) the City of London (including the Inner and Middle Temples);

(e) the Isles of Scilly;

(f) a county or county borough in Wales;

(g) a local government area in Scotland;

(h) 10Northern Ireland;

(i) Gibraltar.

(3) References in this Act to a named Act (with no date) are to the Gibraltar Act of
that name.

Final provisions

9 15Extent

(1) This Act extends to the whole of the United Kingdom and to Gibraltar.

(2) For the purposes of the referendum, Part 7 of the 2000 Act (whose extent is set
out in section 163 of that Act) extends also to Gibraltar.

10 Commencement

(1) 20The following provisions come into force on the day on which this Act is
passed—

(2) 25The remaining provisions of this Act come into force on such day as the
Minister may by regulations appoint.

(3) Different days may be appointed for different purposes.

11 Short title

This Act may be cited as the European Union Referendum Act 2015.

European Union Referendum BillPage 6

SCHEDULES

Section 3

SCHEDULE 1 Campaigning and financial controls

The referendum period

1 5For the purposes of Part 7 of the 2000 Act and this Schedule, the referendum
period for the referendum is such period as may be prescribed by
regulations made by the Minister.

Permitted participants

2 Section 105(1) of the 2000 Act (bodies and individuals who are “permitted
10participants” in relation to a referendum) has effect for the purposes of the
referendum as if for paragraph (b) there were substituted—

(b) any of the following by whom a notification has been given
under section 106 in relation to the referendum, namely—

(i) any individual who is resident in the United
15Kingdom or registered in an electoral register as
defined by section 54(8);

(ii) any individual who is resident in Gibraltar or is a
Gibraltar elector;

(iii) any body falling within any of paragraphs (b) and (d)
20to (h) of section 54(2);

(iv) any body falling within any of paragraphs (b) to (g) of
section 54(2A);

(v) any body incorporated by Royal Charter which does
not fall within section 54(2);

(vi) 25any charitable incorporated organisation within the
meaning of Part 11 of the Charities Act 2011 or Part 11
of the Charities Act (Northern Ireland) 2008;

(vii) any Scottish charitable incorporated organisation
within the meaning of Chapter 7 of Part 1 of the
30Charities and Trustee Investment (Scotland) Act 2005
(asp 10);

(viii) any partnership constituted under the law of Scotland
which carries on business in the United Kingdom.”

Notifications and declarations for purpose of becoming permitted participant

3 (1) 35Section 106 of the 2000 Act (declarations and notifications relating to section
105) has effect for the purposes of the referendum with the following
modifications.

European Union Referendum BillPage 7

(2) Subsection (4)(b) has effect for those purposes as if after “54(2)” there were
inserted “or any of paragraphs (b) and (d) to (g) of section 54(2A)”.

(3) Subsection (4) has effect for those purposes as if after paragraph (b) there
were inserted—

(c) 5if given by a body within any of sub-paragraphs (v) to (viii)
of section 105(1)(b), state—

(i) the details mentioned in subsection (4A), and

(ii) the name of the person or officer who will be
responsible for compliance on the part of the body
10with the provisions of Chapter 2,

and be signed by the body’s secretary or a person who acts in
a similar capacity in relation to the body.”

(4) For the purposes of the referendum the following subsection is to be treated
as inserted after subsection (4)—

(4A) 15The details referred to in subsection (4)(c)(i) are—

(a) in the case of a body within section 105(1)(b)(v) (body
incorporated by Royal Charter)—

(i) the name of the body, and

(ii) the address of its main office in the United Kingdom;

(b) 20in the case of a body within section 105(1)(b)(vi) or (vii)
(charitable incorporated organisation)—

(i) the name of the body, and

(ii) the address of its principal office;

(c) in the case of a body within section 105(1)(b)(viii) (Scottish
25partnership)—

(i) the name of the body, and

(ii) the address of its main office in the United Kingdom.”

(5) For the purposes of the referendum the following subsections are to be
treated as inserted after subsection (6)—

(6A) 30A declaration or notification under this section must be accompanied
by a statement by the person who is the responsible person which—

(a) states that that person is willing to exercise, in relation to the
referendum, the functions conferred by and under this Act
and the European Union Referendum Act 2015 on the
35responsible person, and

(b) is signed by that person.

(6B) Subsection (6A) does not apply to a notification of alteration unless
the notification replaces a statement under subsection (2)(b) or
(4)(b)(ii) or (c)(ii).”

40Registration under section 107 of the 2000 Act

4 Where a statement under 106(6A) of the 2000 Act (treated as inserted by
paragraph 3 above) is given to the Electoral Commission with a declaration
or notification, the information that must be entered in the register under
section 107 of that Act in respect of the declaration or notification includes—

(a) 45the fact that the statement was made, and

(b) the name of the person who made it.

European Union Referendum BillPage 8

Responsible person

5 Section 105(2) of the 2000 Act (meaning of “responsible person”) has effect
for the purposes of the referendum as if in paragraph (c) after “106(4)(b)(ii)”
there were inserted “or (c)(ii)”.

5Person may not be responsible for compliance for two or more permitted participants

6 (1) A person who is the responsible person for a permitted participant may not
give a notification under section 106(3) of the 2000 Act in relation to the
referendum.

(2) An individual who is a permitted participant ceases to be a permitted
10participant if he or she is the treasurer of a registered party (other than a
minor party) that becomes a permitted participant.

(3) The requirement in section 106(2)(b) or (4)(b)(ii) or (c)(ii) of the 2000 Act
(declaration or notification must state the name of the person who will be
responsible for compliance) is not complied with for the purposes of the
15referendum if the person whose name is stated—

(a) is already the responsible person for a permitted participant,

(b) is an individual who gives a notification under section 106(3) of that
Act at the same time, or

(c) is the person whose name is stated, in purported compliance with
20the requirement in section 106(2)(b) or (4)(b)(ii) or (c)(ii) of that Act,
in a notification given at the same time by another body.

(4) Where a registered party (other than a minor party) makes a declaration
under section 106 of the 2000 Act in relation to the referendum and the
treasurer of the party (“the treasurer”) is already the responsible person for
25a permitted participant (“the relevant participant”)—

(a) the treasurer ceases to be the responsible person for the relevant
participant at the end of the period of 14 days beginning with the day
on which (by reason of the declaration) the treasurer becomes the
responsible person for the party, and

(b) 30the relevant participant must, before the end of that period, give a
notice of alteration under section 106(5) of the 2000 Act stating the
name of the person who is to replace the treasurer as the responsible
person for the relevant participant.

(5) In sub-paragraphs (3) and (4)(b) “the person”, in relation to a body which is
35not a minor party, is to be read as “the person or officer”.

(6) In this paragraph “registered party”, “minor party” and “treasurer” have the
same meaning as in the 2000 Act (see section 160(1) of that Act).

Grants to designated organisations may be paid in instalments

7 (1) This paragraph applies to a grant under section 110(2) of the 2000 Act (grants
40to designated organisations) made in respect of the referendum.

(2) The grant may be paid in whatever instalments the Electoral Commission
consider appropriate.

(3) Instalments may be withheld if the Electoral Commission are satisfied that
the designated organisation concerned has failed to comply with a condition
45imposed under section 110(3) of the 2000 Act.

European Union Referendum BillPage 9

(4) Section 110(2) of the 2000 Act, so far as it requires the grant to be of the same
amount in the case of each designated organisation, has effect in relation to
the referendum subject to sub-paragraph (3).

Assistance available to designated organisations

8 (1) 5Schedule 12 to the 2000 Act (assistance available to designated
organisations) has effect for the purposes of the referendum with the
following modifications.

(2) Paragraph 2(2) has effect for those purposes as if after paragraph (b) there
were inserted—

(c) 10in Gibraltar, to a school the expense of maintaining which
is payable wholly or partly out of public funds or out of
any rate, or by a body whose expenses are so payable.”

(3) Paragraph 3(2) has effect for those purposes as if after paragraph (b) there
were inserted “or

(c) 15in the case of a school in Gibraltar, with the Gibraltar
Government Ministry of Education.”

(4) Paragraph 3(3) has effect for those purposes as if at the end there were
inserted “or, in the case of a school in Gibraltar, by the Government of
Gibraltar”.

(5) 20Section 160(4) of the 2000 Act (meaning of references to payments out of
public funds) does not apply for the purposes of the provision treated as
inserted by sub-paragraph (2).

Referendum agents

9 (1) A permitted participant may, in relation to any voting area, appoint an
25individual (who may be the responsible person) to be the permitted
participant’s referendum agent for that area.

(2) A referendum agent appointed under this paragraph for a voting area has,
in relation to that area, the functions conferred by regulations under section
4 on referendum agents.

(3) 30Regulations under section 4 may make further provision, additional to the
provision in paragraphs 10 and 11, in connection with referendum agents.

10 (1) If a permitted participant appoints a referendum agent for a voting area, the
responsible person must give the counting officer for the area notification of
the name and home or business address of—

(a) 35the permitted participant, and

(b) the referendum agent.

(2) The notification must be given before noon on the 16th day before the date
of the poll, disregarding for this purpose—

(a) Saturdays and Sundays,

(b) 40Christmas Eve, Christmas Day, Good Friday and any other day that
is a bank holiday under the Banking and Financial Dealings Act 1971
in any part of the United Kingdom,

(c) any day that is a bank or public holiday in Gibraltar under the
Banking and Financial Dealings Act and the Interpretation and
45General Clauses Act, and

Previous Next

Contents page 1-9 10-19 20-29 30-39 40-44 Last page