European Union Referendum Bill (HC Bill 2)

(d) any day appointed in any part of the United Kingdom or Gibraltar as
a day of public thanksgiving or mourning.

(3) The notification must be in writing and signed by the responsible person.

(4) The duties imposed on a responsible person by this paragraph may be
5discharged by any person authorised in writing by the responsible person.

11 If a counting officer is notified under paragraph 10 that a permitted
participant has appointed a referendum agent, the counting officer must as
soon as practicable give public notice of—

(a) the name and address of the referendum agent, and

(b) 10the name of the permitted participant.

Referendum expenses: definition

12 (1) In relation to the referendum, expenses mentioned in sub-paragraph (2) are
not to be treated for any purpose of this Act or Part 7 of the 2000 Act as
referendum expenses.

(2) 15Those expenses are—

(a) expenses incurred in respect of the publication of any matter relating
to the referendum, other than an advertisement, in—

(i) a newspaper or periodical;

(ii) a broadcast made by the British Broadcasting Corporation,
20Sianel Pedwar Cymru or the Gibraltar Broadcasting
Corporation;

(iii) a programme included in any service licensed under Part 1 or
3 of the Broadcasting Act 1990 or Part 1 or 2 of the
Broadcasting Act 1996;

(b) 25expenses incurred in respect of, or in consequence of, the translation
of anything from English into Welsh or from Welsh into English;

(c) reasonable expenses incurred that are reasonably attributable to an
individual’s disability;

(d) expenses incurred in providing for the protection of persons or
30property at rallies or other public events.

(3) In sub-paragraph (2)(c) “disability” has the same meaning as in the Equality
Act 2010 (see section 6 of that Act).

Creditors’ rights

13 (1) This paragraph applies where—

(a) 35a contract is made, or an expense is incurred, in connection with the
referendum, and

(b) the contract or expense is in contravention of a relevant provision.

(2) In this paragraph a “relevant provision” means a provision of Part 7 of the
2000 Act which prohibits—

(a) 40payments or contracts for payments,

(b) the payment or incurring of referendum expenses in excess of the
maximum amount allowed by that Part, or

(c) the incurring of referendum expenses without the authority
mentioned in section 113(1) of the 2000 Act.

(3) Nothing in any such provision affects the right of a creditor who, when the
contract was made or the expense was incurred, was ignorant of the fact that
the contract or expense was in contravention of the relevant provision.

Expenses incurred by persons acting in concert

14 (1) 5This paragraph applies where—

(a) referendum expenses are incurred by or on behalf of an individual or
body during the referendum period for the referendum, and

(b) those expenses are incurred in pursuance of a plan or other
arrangement by which referendum expenses are to be incurred by or
10on behalf of—

(i) that individual or body, and

(ii) one or more other individuals or bodies,

with a view to, or otherwise in connection with, promoting or
procuring a particular outcome in relation to the question asked in
15the referendum.

(2) The expenses mentioned in sub-paragraph (1)(a) are to be treated for the
purposes of the provisions of the 2000 Act mentioned in sub-paragraph (3)
as having also been incurred, during the referendum period, by or on behalf
of the other individual or body (or, as the case may be, each of the other
20individuals or bodies) mentioned in sub-paragraph (1)(b)(ii).

(3) The provisions are—

(a) section 117,

(b) section 118 and Schedule 14, and

(c) sections 120 to 123 (including section 120A: see paragraph 20 of this
25Schedule).

(4) This paragraph applies whether or not any of the individuals or bodies in
question is a permitted participant.

(5) But this paragraph does not treat any expenses incurred by or on behalf of a
designated organisation (within the meaning given by section 8) as having
30been incurred by or on behalf of any other individual or body.

(6) Subsections (5) and (6) of section 117 of the 2000 Act (certain expenditure
incurred before the referendum period treated as incurred during that
period) apply for the purposes of this paragraph as they apply for the
purposes of that section.

(7) 35In section 117(5) of the 2000 Act as applied by sub-paragraph (6), the
reference to any time before the beginning of the referendum period
includes any time before the commencement of this Schedule.

(8) Section 112 of the 2000 Act (notional referendum expenses) applies for the
purposes of this paragraph as it applies for the purposes of Part 7 of that Act.

40Restriction on making claims in respect of referendum expenses

15 Section 115(7) of the 2000 Act (which applies subsections (7) to (10) of section
77 of that Act) has effect for the purposes of the referendum as if for “(10)”
there were substituted “(12)”.

Limits on referendum expenses by permitted participants

16 In Schedule 14 to the 2000 Act (limits on referendum expenses by permitted
participants), any reference to a referendum falling within section 101(1)(a)
includes a reference to the referendum.

5Permissible donors

17 (1) Paragraph 6 of Schedule 15 to the 2000 Act (prohibition on accepting
donations from persons who are not permissible donors) has effect for the
purposes of the referendum with the following modifications.

(2) Sub-paragraph (1)(a) has effect for those purposes as if after “a permissible
10donor falling within section 54(2)” there were inserted “or a person within
sub-paragraph (1A)”.

(3) For the purposes of the referendum the following sub-paragraph is to be
treated as inserted after sub-paragraph (1)—

“(1A) The persons within this sub-paragraph are—

(a) 15a Gibraltar elector;

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

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

(d) 20a charitable incorporated organisation within the meaning
of Part 11 of the Charities Act 2011 or Part 11 of the
Charities Act (Northern Ireland) 2008;

(e) a Scottish charitable incorporated organisation within the
meaning of Chapter 7 of Part 1 of the Charities and Trustee
25Investment (Scotland) Act 2005 (asp 10)2005 (asp 10);

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

(4) Sub-paragraph (3) has effect for those purposes as if after “exempt trust
donation” there were inserted “or exempt Gibraltar trust donation”.

(5) 30Sub-paragraph (4) has effect for those purposes as if—

(a) in paragraph (a) after “exempt trust donation” there were inserted
“or exempt Gibraltar trust donation”,

(b) in paragraph (b)(i) after “permissible donors falling within section
54(2)” there were inserted “or persons within sub-paragraph (1A)”,

(c) 35in paragraph (b)(ii) after “such a permissible donor” there were
inserted “or such a person”, and

(d) after “not such a permissible donor” there were inserted “and is not
within sub-paragraph (1A)”.

Acceptance or return of donations

18 40Paragraph 7(2) of Schedule 15 to the 2000 Act (application of sections 56 to
60 of the 2000 Act) has effect for the purposes of the referendum as if before
paragraph (a) there were inserted—

“(za) any reference in section 56 to a permissible donor is to be
read as including a reference to a person within paragraph
456(1A) above;”.”

Reporting of donations from permissible donors

19 (1) Paragraph 10 of Schedule 15 to the 2000 Act (reporting of donations from
permissible donors) has effect for the purposes of the referendum with the
following modifications.

(2) 5Sub-paragraph (1)(c) has effect for those purposes as if at the end there were
inserted “or, where the donor is within any of paragraphs (c) to (f) of
paragraph 6(1A), the information mentioned in sub-paragraph (1A) below”.

(3) For the purposes of the referendum the following sub-paragraph is to be
treated as inserted after sub-paragraph (1)—

“(1A) 10The information to be recorded in the case of a donor within any
of paragraphs (c) to (f) of paragraph 6(1A) is—

(a) where the donor is a body within paragraph 6(1A)(c)
(body incorporated by Royal Charter)—

(i) the name of the body, and

(ii) 15the address of its main office in the United
Kingdom;

(b) where the donor is a body within paragraph 6(1A)(d) or (e)
(charitable incorporated organisation)—

(i) the name of the body, and

(ii) 20the address of its principal office;

(c) where the donor is a body within paragraph 6(1A)(f)
(Scottish partnership)—

(i) the name of the body, and

(ii) the address of its main office in the United
25Kingdom.””

Returns in respect of referendum expenses and donations

20 For the purposes of the referendum, the following section is to be treated as
inserted after section 120 of the 2000 Act (returns in respect of referendum
expenses and donations)—

“120A 30 Full return not required if expenses do not exceed £10,000

(1) A return under section 120 need not be made by the responsible
person in relation to a permitted participant if, within 3 months
beginning with the end of the referendum period, the responsible
person—

(a) 35makes a relevant declaration, and

(b) delivers that declaration to the Commission.

(2) A “relevant declaration” is a declaration that, to the best of the
responsible person’s knowledge and belief, the total amount of
referendum expenses incurred by or on behalf of the permitted
40participant during the referendum period does not exceed £10,000.

(3) If a person who is the responsible person in relation to a permitted
participant knowingly or recklessly makes a false declaration under
this section, that person commits an offence.

(4) A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not
exceeding 12 months or to a fine, or to both;

(b) on summary conviction in England and Wales, to
imprisonment for a term not exceeding 12 months or to a fine,
5or to both;

(c) on summary conviction in Scotland, to imprisonment for a
term not exceeding 12 months or to a fine not exceeding the
statutory maximum, or to both;

(d) on summary conviction in Northern Ireland, to
10imprisonment for a term not exceeding 6 months or to a fine
not exceeding the statutory maximum, or to both;

(e) on summary conviction in Gibraltar, to imprisonment for a
term not exceeding 12 months or to a fine not exceeding level
5 on the Gibraltar standard scale, or to both.

(5) 15The reference in subsection (4)(b) to 12 months is to be read as a
reference to 6 months in relation to an offence committed before the
commencement of section 154(1) of the Criminal Justice Act 2003.

(6) In subsection (4)(e) “the Gibraltar standard scale” means the
standard scale set out in Part A of Schedule 9 to the Criminal
20Procedure and Evidence Act.””

Declaration of responsible person as to donations

21 (1) Section 123 of the 2000 Act (declaration of responsible person as to return
under section 120) has effect for the purposes of the referendum with the
following modifications.

(2) 25For those purposes, the following subsection is to be treated as substituted
for subsection (3)—

“(3) In a case where the permitted participant either is not a registered
party or is a minor party, the declaration must also, in relation to all
relevant donations recorded in the return as having been accepted by
30the permitted participant—

(a) state that they were all from permissible donors, or

(b) state whether or not section 56(2) was complied with in the
case of each of those donations that was not from a
permissible donor.””

(3) 35For the purposes of the referendum, the following subsection is to be treated
as inserted after subsection (5)—

“(6) In this section “permissible donor” includes a person within
paragraph 6(1A) of Schedule 15.””

Reporting of donations during referendum period

22 (1) 40In relation to the referendum, the responsible person in relation to a
permitted participant must prepare reports under this paragraph in respect
of such periods ending before the date of the poll for the referendum as may
be prescribed by regulations made by the Minister.

(2) The report for a period must record, in relation to each relevant donation of
more than £7,500 which is received by the permitted participant during the
period—

(a) the amount of the donation (if it is a donation of money, in cash or
5otherwise) or (in any other case) the nature of the donation and its
value as determined in accordance with paragraph 5 of Schedule 15
to the 2000 Act,

(b) the date when the donation was received by the permitted
participant, and

(c) 10the information about the donor which is, in connection with
recordable donations to registered parties, required to be recorded in
weekly donation reports by virtue of paragraph 3 of Schedule 6 to the
2000 Act.

(3) If during any period no relevant donations of more than £7,500 were
15received by the permitted participant, the report for the period must contain
a statement of that fact.

(4) A report under this paragraph in respect of a period must be delivered by
the responsible person to the Electoral Commission within such time as may
be prescribed by regulations made by the Minister.

(5) 20If, in relation to a donation made by an individual who has an anonymous
entry in an electoral register, a report under this paragraph contains a
statement that the permitted participant has seen evidence that the
individual has such an anonymous entry, the report must be accompanied
by a copy of the evidence.

(6) 25If a period for which a report under this paragraph must be prepared (“the
reporting period”) begins before the start of the referendum period, a
relevant donation received by a permitted participant—

(a) during the reporting period, but

(b) before the start of the referendum period,

30is to be treated for the purposes of sub-paragraphs (2) and (3) as received
during the reporting period only if the donation was for the purpose of
meeting referendum expenses to be incurred by the permitted participant
during the referendum period.

(7) The Minister may by regulations modify the operation of sub-paragraphs (1)
35to (3) in relation to cases where an individual or body becomes a permitted
participant during a period prescribed under sub-paragraph (1).

(8) Regulations under sub-paragraph (4) or (7) may make different provision
for different cases.

(9) The responsible person commits an offence if, without reasonable excuse,
40that person—

(a) fails to comply with the requirements of sub-paragraph (4) in
relation to a report under this paragraph, or

(b) delivers a report to the Electoral Commission that does not comply
with the requirements of sub-paragraph (2), (3) or (5).

(10) 45A person guilty of an offence under sub-paragraph (9)(a) is liable—

(a) on summary conviction in England and Wales, to a fine;

(b) on summary conviction in Scotland or Northern Ireland, to a fine not
exceeding level 5 on the standard scale;

(c) on summary conviction in Gibraltar, to a fine not exceeding level 5
on the Gibraltar standard scale.

(11) A person guilty of an offence under sub-paragraph (9)(b) is liable—

(a) on conviction on indictment, to imprisonment for a term not
5exceeding 12 months or to a fine, or to both;

(b) on summary conviction in England and Wales, to imprisonment for
a term not exceeding 12 months or to a fine, or to both;

(c) on summary conviction in Scotland, to imprisonment for a term not
exceeding 12 months or to a fine not exceeding the statutory
10maximum, or to both;

(d) on summary conviction in Northern Ireland, to imprisonment for a
term not exceeding 6 months or to a fine not exceeding the statutory
maximum, or to both;

(e) on summary conviction in Gibraltar, to imprisonment for a term not
15exceeding 12 months or to a fine not exceeding level 5 on the
Gibraltar standard scale, or to both.

(12) The reference in sub-paragraph (11)(b) to 12 months is to be read as a
reference to 6 months in relation to an offence committed before the
commencement of section 154(1) of the Criminal Justice Act 2003.

(13) 20In this paragraph—

(a) “electoral register” means—

(i) an electoral register as defined by 54(8) of the 2000 Act, or

(ii) the Gibraltar register as defined by section 14 of the European
Parliament (Representation) Act 2003,

(b) 25“relevant donation” has the same meaning as in Schedule 15 to the
2000 Act, and

(c) references to a relevant donation received by a permitted participant
include any donation received at a time before the individual or
body concerned became a permitted participant, if the donation
30would have been a relevant donation had the individual or body
been a permitted participant at that time.

(14) Section 161(2) and (6) of the 2000 Act (donations: interpretation) apply for
the purposes of this paragraph as they apply for the purposes of that Act.

Declaration of responsible person as to donation reports under paragraph 22

23 (1) 35Each report delivered under paragraph 22 must be accompanied by a
declaration which complies with sub-paragraph (2) and is signed by the
responsible person.

(2) The declaration must state—

(a) that the responsible person has examined the report, and

(b) 40that to the best of the responsible person’s knowledge and belief, it
is a complete and correct report as required by law.

(3) A person commits an offence if—

(a) the person knowingly or recklessly makes a false declaration under
this paragraph, or

(b) 45sub-paragraph (1) is contravened at a time when the person is the
responsible person in the case of the permitted participant to which
the report relates.

(4) A person guilty of an offence under sub-paragraph (3) is liable—

(a) on conviction on indictment, to imprisonment for a term not
exceeding 12 months or to a fine, or to both;

(b) on summary conviction in England and Wales, to imprisonment for
5a term not exceeding 12 months or to a fine, or to both;

(c) on summary conviction in Scotland, to imprisonment for a term not
exceeding 12 months or to a fine not exceeding the statutory
maximum, or to both;

(d) on summary conviction in Northern Ireland, to imprisonment for a
10term not exceeding 6 months or to a fine not exceeding the statutory
maximum, or to both;

(e) on summary conviction in Gibraltar, to imprisonment for a term not
exceeding 12 months or to a fine not exceeding level 5 on the
Gibraltar standard scale, or to both.

(5) 15The reference in sub-paragraph (4)(b) to 12 months is to be read as a
reference to 6 months in relation to an offence committed before the
commencement of section 154(1) of the Criminal Justice Act 2003.

Public inspection of donation reports under paragraph 22

24 (1) Where the Electoral Commission receive a report under paragraph 22 they
20must—

(a) as soon as is reasonably practicable after receiving the report, make
a copy of the report and of any document accompanying it available
for public inspection, and

(b) keep any such copy available for public inspection for the period for
25which the report or other document is held by them.

(2) The Electoral Commission must secure that the copy of the report made
available for public inspection does not include, in the case of any donation
by an individual, the donor’s address.

(3) At the end of the period of two years beginning with the date when any
30report under paragraph 22 or other document accompanying it is received
by the Electoral Commission—

(a) they may cause the report or other document to be destroyed, or

(b) if requested to do so by the responsible person in the case of the
permitted participant concerned, they must arrange for the report or
35other document to be returned to that person.

Publication etc of promotional material by central and local government etc

25 (1) Section 125 of the 2000 Act (restriction on publication etc of promotional
material by central and local government etc) does not apply in relation to
the referendum.

(2) 40In consequence of sub-paragraph (1), for the purposes of the referendum
paragraph 1 of Schedule 13 to the 2000 Act (qualifying expenses) has effect
as if for the first sentence of item (4) in the list of matters set out in that
paragraph there were substituted—

• ““Any material which—

  (a)

  45provides general information about a referendum to
  which Part 7 of this Act applies;

  European Union Referendum BillPage 18

  (b)

  deals with any of the issues raised by any question on
  which such a referendum is being held;

  (c)

  puts any arguments for or against any particular
  answer to any such question; or

  (d)

  5is designed to encourage voting at such a
  referendum.””

Referendum campaign broadcasts

26 Section 127 of the 2000 Act (referendum campaign broadcasts) has effect for
the purposes of the referendum as if any reference to a broadcaster (within
10the meaning given by section 37(2) of that Act) included a reference to the
Gibraltar Broadcasting Corporation.

Enforcement

27 (1) Section 145(1)(a) and (6A) of the 2000 Act (general functions of Electoral
Commission with respect to compliance) apply in relation to the
15requirements imposed by this Schedule as they apply in relation to the
requirements referred to in section 145(1)(a).

(2) Sections 151 and 154 of the 2000 Act (summary proceedings, and duty of
court to report conviction to Electoral Commission) apply in relation to an
offence under this Schedule as they apply in relation to an offence under that
20Act.

(3) In Schedule 19B to the 2000 Act (investigatory powers of Electoral
Commission), the references in paragraphs 3 to 5 to an offence under that
Act include an offence under this Schedule.

(4) Schedule 19C to the 2000 Act (civil sanctions), and any order under Part 5 of
25that Schedule, have effect as if the offences under paragraph 22(9) of this
Schedule were offences prescribed in an order under that Part.

Section 3

SCHEDULE 2 Control of loans etc to permitted participants

Control of loans etc to permitted participants

1 30For the purposes of the referendum, the 2000 Act has effect as if after

Schedule 15 (in Part 7 of that Act) there were inserted—

“Schedule 1 Control of loans etc to certain permitted participants

Part 1 5Introductory

Introductory

1 (1) This Schedule has effect for controlling regulated transactions
entered into by permitted participants that either are not
registered parties or are minor parties.

(2) 10Accordingly, in the following provisions of this Schedule
references to permitted participants do not include a permitted
participant which is a registered party other than a minor party.

(3) In this Schedule—

• “connected transaction” has the meaning given by paragraph
  152(9);

• “credit facility” has the meaning given by paragraph 2(11);

• “non-qualifying person” means a person who is not a
  qualifying person;

• “qualifying person” has the meaning given by paragraph
  204(2);

• “regulated transaction” has the meaning given by paragraph
  2.

Regulated transactions

2 (1) An agreement between a permitted participant and another
25person by which the other person makes a loan of money to the
permitted participant is a regulated transaction if the use
condition is satisfied.

(2) An agreement between a permitted participant and another
person by which the other person provides a credit facility to the
30permitted participant is a regulated transaction if the use
condition is satisfied.

(3) Where—

(a) a permitted participant and another person (“A”) enter
into a regulated transaction of a description mentioned in
35sub-paragraph (1) or (2), or a transaction under which any
property, services or facilities are provided for the use or
benefit of the permitted participant (including the services
of any person),

(b) A also enters into an arrangement whereby another person
40(“B”) gives any form of security (whether real or personal)
for a sum owed to A by the permitted participant under the
transaction mentioned in paragraph (a), and

(c) the use condition is satisfied,