Previous Next

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

European Union Referendum BillPage 30

Total value of non-recordable transactions

20 The statement must record the total value of any regulated
transactions that are not recordable transactions.

Part 5 5Supplemental
Non-disclosure with intent to conceal

21 (1) This paragraph applies where, on an application made by the
Commission, the court is satisfied that any failure to comply with
a requirement of Part 4 of this Schedule in relation to—

(a) 10any transaction entered into by the permitted participant,
or

(b) any change made to a transaction to which the permitted
participant is a party,

was attributable to an intention on the part of any person to
15conceal the existence or true value of the transaction.

(2) The court may make such order as it thinks fit to restore (so far as
is possible) the parties to the transaction to the position they
would have been in if the transaction had not been entered into.

(3) An order under this paragraph may in particular—

(a) 20where the transaction is a loan or credit facility, require
that any amount owed by the permitted participant be
repaid (and that no further sums be advanced under it);

(b) where any form of security is given for a sum owed under
the transaction, or the transaction is an arrangement by
25which any form of security is given, require that the
security be discharged.

Proceedings under paragraphs 5 and 21

22 (1) This paragraph has effect in relation to proceedings on an
application under paragraph 5(4) or 21.

(2) 30The court referred to in paragraphs 5(4) and 21 is—

(a) in England and Wales or Northern Ireland, the county
court;

(b) in Gibraltar, the Gibraltar court.

In Scotland, the court is the sheriff and the proceedings are civil
35proceedings.

(3) The standard of proof is that applicable to civil proceedings.

(4) An order may be made whether or not proceedings are brought
against any person for an offence under this Schedule or section
123.

(5) 40An appeal against an order made by the sheriff may be made to
the Court of Session.

European Union Referendum BillPage 31

(6) Rules of court in any part of the United Kingdom may make
provision—

(a) with respect to applications or appeals from proceedings
on such applications;

(b) 5for the giving of notice of such applications or appeals to
persons affected;

(c) for the joinder, or in Scotland sisting, of such persons as
parties;

(d) generally with respect to procedure in such applications or
10appeals.

(7) Sub-paragraph (6) does not affect any existing power to make
rules.

Interpretation of provisions relating to reporting of transactions

23 For the purposes of any provision of this Schedule relating to the
15reporting of transactions, anything required to be done by a
permitted participant in consequence of the participant’s being a
party to a regulated transaction must also be done by the
participant, if the participant is a party to a transaction of a
description mentioned in paragraph 2(3)(a), as if the participant
20were a party to the connected transaction.”

Further modifications of Part 7 of 2000 Act relating to loans etc

2 (1) Section 120 of the 2000 Act (returns in respect of referendum expenses and
donations) has effect in relation to the referendum as if at the end of
subsection (2)(d) there were inserted “and a statement of regulated
25transactions entered into in respect of the referendum which complies with
the requirements of paragraphs 16 to 20 of Schedule 15A”.

(2) Section 123 of the 2000 Act (declaration of responsible person as to return
under section 120) has effect in relation to the referendum as if after
subsection (3) (as modified by Schedule 1) there were inserted—

(3A) 30In 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
regulated transactions recorded in the return as having been entered
into by the permitted participant—

(a) state that none of the transactions was made void by
35paragraph 5(2) or (6) or 6(3) of Schedule 15A, or

(b) state whether or not paragraph 5(3)(a) of that Schedule was
complied with in the case of each of the transactions that was
made void by paragraph 5(2) or (6) of that Schedule.”

(3) Section 124 of the 2000 Act (public inspection of returns under section 120)
40has effect in relation to the referendum as if after subsection (2) there were
inserted—

(2A) If the return contains a statement of regulated transactions in
accordance with section 120(2)(d), the Commission shall secure that
the copy of the statement made available for public inspection does
45not include, in the case of a transaction entered into by the permitted
participant with an individual, the individual’s address.”

European Union Referendum BillPage 32

(4) For the purposes of the referendum, the following provisions of Schedule 15
to the 2000 Act are to be treated as omitted—

(a) paragraph 2(1)(d),

(b) in paragraph 2(3)—

(i) 5paragraph (a), and

(ii) the words “the loan or”, and

(c) in paragraph 5(4)—

(i) the words “(d) or”,

(ii) in paragraph (a) the words “the loan or”, and

(iii) 10paragraph (a)(i).

Accordingly, paragraph 2(3)(b) of that Schedule has effect for the purposes
of the referendum as if for “such terms” there were substituted “commercial
terms”.

(5) Paragraph 10 of Schedule 15 to the 2000 Act, which is modified by paragraph
1519 of Schedule 1, also has effect in relation to the referendum as if for
paragraph (b) of sub-paragraph (2) there were substituted—

(b) the value of it and any other relevant benefit or benefits is
more than that amount; and “relevant benefit” here means
any relevant donation or regulated transaction (within the
20meaning of Schedule 15A) made by, or entered into with,
the person who made the donation.”

(6) Schedule 19C to the 2000 Act (civil sanctions), and any order under Part 5 of
that Schedule, have effect as if offences under paragraphs 8 to 11 of the
Schedule treated as inserted by paragraph 1 above were offences prescribed
25in an order under that Part.

Transactions entered into before commencement: operation of paragraphs 1 and 2

3 (1) Paragraphs 4, 5, 6 and Part 3 of the Schedule treated as inserted by
paragraph 1 above (“Schedule 15A”) do not apply to regulated transactions
(within the meaning of that Schedule) entered into before the
30commencement of this Schedule.

(2) Otherwise the provisions of paragraphs 1 and 2 above (and Schedule 15A)
apply to such transactions entered into before as well as after that
commencement.

(3) Paragraph 7 of Schedule 15A applies only to a purported transfer made on
35or after the commencement of this Schedule.

Reporting of regulated transactions during referendum period

4 (1) In 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
40be prescribed by regulations made by the Minister.

(2) The report for a period must record, in relation to each regulated transaction
having a value exceeding £7,500 which is entered into by the permitted
participant during the period—

(a) the same information about the transaction as would be required by
45paragraph 18 of the Schedule treated as inserted by paragraph 1

European Union Referendum BillPage 33

above (“Schedule 15A”) to be recorded in the statement referred to in
paragraph 15 of that Schedule,

(b) in relation to a transaction to which a qualifying person is a party, the
information about each qualifying person which is, in connection
5with recordable transactions entered into by registered parties,
required to be recorded in weekly transaction reports by paragraph
3 of Schedule 6A to the 2000 Act, and

(c) in relation to a transaction to which a person who is not a qualifying
person is a party, the information referred to in paragraph 17 of
10Schedule 15A.

(3) If during any period no regulated transactions having a value exceeding
£7,500 were entered into 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
15the responsible person to the Electoral Commission within such time as may
be prescribed by regulations made by the Minister.

(5) If, in relation to a regulated transaction entered into with 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
20evidence that the individual has such an anonymous entry, the report must
be accompanied by a copy of the evidence.

(6) If a period for which a report under this paragraph must be prepared (“the
reporting period”) begins before the start of the referendum period, a
regulated transaction entered into by a permitted participant—

(a) 25during the reporting period, but

(b) before the start of the referendum period,

is to be treated for the purposes of sub-paragraphs (2) and (3) as entered into
during the reporting period only if any money or benefit obtained in
consequence of the transaction is to be used for meeting referendum
30expenses to be incurred by the permitted participant during the referendum
period.

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

(8) 35Regulations under sub-paragraph (4) or (7) may make different provision
for different cases.

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

(a) fails to comply with the requirements of sub-paragraph (4) in
40relation 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) A person guilty of an offence under sub-paragraph (9)(a) is liable—

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

(b) 45on 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.

European Union Referendum BillPage 34

(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
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.

(12) 15The 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) In this paragraph—

(a) “electoral register” means—

(i) 20an 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) “referendum period” has the same meaning as in Schedule 1 (see
paragraph 1 of that Schedule),

(c) 25“regulated transaction” has the same meaning as in the Schedule
treated as inserted by paragraph 1 above, and

(d) references to a regulated transaction entered into by a permitted
participant include any transaction entered into at a time before the
individual or body concerned became a permitted participant, if the
30transaction would have been a regulated transaction had the
individual or body been a permitted participant at that time.

Declaration of responsible person as to reports under paragraph 4

5 (1) Each report delivered under paragraph 4 must be accompanied by a
declaration which complies with sub-paragraph (2) and is signed by the
35responsible person.

(2) The declaration must state—

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

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

(3) 40A person commits an offence if—

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

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

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

European Union Referendum BillPage 35

(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, or to both;

(c) 5on 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
term not exceeding 6 months or to a fine not exceeding the statutory
10maximum, 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) The reference in sub-paragraph (4)(b) to 12 months is to be read as a
15reference 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 reports under paragraph 4

6 (1) Where the Electoral Commission receive a report under paragraph 4 they
must—

(a) 20as 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
which the report or other document is held by them.

(2) 25The Electoral Commission must secure that the copy of the report made
available for public inspection does not include, in the case of any
transaction entered into by the permitted participant with an individual, the
individual’s address.

(3) At the end of the period of two years beginning with the date when any
30report under paragraph 4 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.

Enforcement

7 (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
requirements imposed by this Schedule as they apply in relation to the
40requirements 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
Act.

European Union Referendum BillPage 36

(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
5that Schedule, have effect as if the offences under paragraph 4(9) of this
Schedule were offences prescribed in an order under that Part.

Section 3

SCHEDULE 3 Further provision about the referendum

Appointment of Chief Counting Officer

1 (1) 10Section 128 of the 2000 Act (Chief Counting Officers, and counting officers,
for referendums) has effect for the purposes of the referendum with the
following modifications.

(2) Subsection (2) has effect for those purposes as if—

(a) the words “(subject to subsection (8))” were omitted, and

(b) 15in paragraph (b), after “appoints” there were inserted “in writing”.

(3)
For the purposes of the referendum subsection (8) is to be treated as omitted.

(4) See also paragraphs 3 and 5 (which contain additional modifications of
section 128 of the 2000 Act for the purposes of the referendum).

Counting officers

2 (1) 20This paragraph applies to determine, for the purposes of the referendum,
who is a counting officer in relation to a voting area.

(2) The counting officer for a voting area that is—

(a) a district in England,

(b) a county in England, or

(c) 25a London borough,

is the person who, by virtue of section 35 of the 1983 Act, is the returning
officer for elections of councillors of the district, county or borough.

(3) The counting officer for the City of London voting area is the person who,
by virtue of that section, is the returning officer for elections of councillors of
30the London borough of Westminster.

(4) The counting officer for the Isles of Scilly voting area is the person who, by
virtue of that section, is the returning officer for elections to the Council of
the Isles of Scilly.

(5) The counting officer for a voting area that is a county or a county borough in
35Wales is the person who, by virtue of that section, is the returning officer for
elections of councillors of the county or county borough.

(6) The counting officer for a voting area that is a local government area in
Scotland is the person who, by virtue of section 41 of the 1983 Act, is the
returning officer for elections of councillors of the local government area.

European Union Referendum BillPage 37

(7) The counting officer for the Northern Ireland voting area is the Chief
Electoral Officer for Northern Ireland.

(8) The counting officer for the Gibraltar voting area is the Clerk to the Gibraltar
Parliament.

3 (1) 5Accordingly, section 128 of the 2000 Act (Chief Counting Officers, and
counting officers, for referendums) has effect for the purposes of the
referendum with the following modifications.

(2) For the purposes of the referendum subsection (3) is to be treated as omitted.

(3) Subsection (5) has effect for the purposes of the referendum as if for the
10words “the area for which he is appointed” there were substituted “the
voting area for which the counting officer acts”.

(4) Subsection (9) has effect for the purposes of the referendum as if—

(a) for paragraph (a) there were substituted—

(a) “voting area” has the meaning given by section 8 of
15the European Union Referendum Act 2015;”,

(b) paragraph (b) were omitted, and

(c) for paragraph (c) there were substituted—

(c) “the referendum area” means the United Kingdom
and Gibraltar.”

20Regional Counting Officers

4 (1) For the purposes of the referendum, the Chief Counting Officer may appoint
a Regional Counting Officer for any of the following regions—

(2) A region mentioned in sub-paragraph (1) (other than Scotland or Wales)
35comprises the areas specified in the Table in Schedule 1 to the European
Parliamentary Elections Act 2002 (ignoring paragraph 2(2) of that Schedule)
as it has effect for the time being.

Assistance to counting officers etc

5 (1) A local authority whose area forms a particular voting area must place the
40services of their officers at the disposal of—

(a) the counting officer for the voting area, and

(b) the Regional Counting Officer (if any) appointed for the region that
includes the voting area,

European Union Referendum BillPage 38

for the purpose of assisting the officer in the discharge of his or her
functions.

(2) In this paragraph “local authority”—

(a) in the case of a voting area that is a district or county in England, or
5a London borough, means the council for that district, county or
borough;

(b) in the case of the City of London voting area, means the Common
Council of the City of London;

(c) in the case of the Isles of Scilly voting area, means the Council of the
10Isles of Scilly;

(d) in the case of a voting area in Wales, means the council of the county
or county borough;

(e) in the case of a voting area in Scotland, means the council of the local
government area.

(3) 15The Government of Gibraltar must place the services of its public officers at
the disposal of—

(a) the Clerk to the Gibraltar Parliament, as counting officer for the
Gibraltar voting area, and

(b) the Regional Counting Officer (if any) appointed for the South West
20region,

for the purpose of assisting the officer in the discharge of his or her
functions.

(4) Accordingly, section 128 of the 2000 Act (Chief Counting Officers, and
counting officers, for referendums) has effect for the purposes of the
25referendum as if subsection (4) were omitted.

General duties of counting officers etc

6 (1) The Chief Counting Officer, Regional Counting Officers and counting
officers must do whatever things are necessary for conducting the
referendum in the manner provided by and under this Act.

(2) 30The counting officer for a voting area is responsible, as regards that area,
for—

(a) the conduct of the poll,

(b) (subject to sub-paragraph (3)) the printing of the ballot papers,

(c) the issue and receipt of postal ballot papers for persons entitled to
35vote on their own behalf in the referendum and for their proxies,

(d) the counting of the votes cast, and

(e) any other matters specified in conduct regulations.

(3) Responsibility for the printing of the ballot papers for a voting area may be
taken—

(a) 40by the Chief Counting Officer;

(b) in the case of a voting area in a region for which a Regional Counting
Officer is appointed, by the Chief Counting Officer or the Regional
Counting Officer.

The Chief Counting Officer or Regional Counting Officer may direct the
45counting officer concerned accordingly.

European Union Referendum BillPage 39

(4) In the case of a region for which a Regional Counting Officer is appointed
for the purposes of the referendum, the officer must certify as regards the
votes cast in the region—

(a) the total number of ballot papers counted, and

(b) 5the total number of votes cast in favour of each answer to the
question asked in the referendum.

Where two or more forms of ballot paper are used in the referendum, a
separate number must be certified under paragraph (a) in relation to each
form of ballot paper used.

(5) 10The Chief Counting Officer may give Regional Counting Officers or
counting officers—

(a) directions about the discharge of their functions;

(b) directions requiring them to take specified steps in preparation for
the referendum;

(c) 15directions requiring them to provide the Chief Counting Officer with
information that they have or are entitled to have.

(6) A Regional Counting Officer for a region may give counting officers for
voting areas within that region—

(a) directions about the discharge of their functions;

(b) 20directions requiring them to take specified steps in preparation for
the referendum;

(c) directions requiring them to provide the Regional Counting Officer
with information that they have or are entitled to have.

(7) A power under this paragraph of a Regional Counting Officer to give a
25direction to a counting officer is exercisable only in accordance with a
specific or general authorisation or direction given by the Chief Counting
Officer.

(8) A person to whom a direction is given under this paragraph must comply
with it.

(9) 30This paragraph applies in addition to section 128 of the 2000 Act (as
modified by this Schedule).

(10) The number of ballot papers or votes purportedly certified under this
paragraph or section 128 of the 2000 Act is not liable to be questioned by
reason of a defect in the title, or a lack of title, of any person purporting to
35exercise functions in relation to the referendum, if the person was then in
actual possession of, or acting in, the office giving the right to exercise the
functions.

Appointment of deputies and clerks

7 (1) The Chief Counting Officer or a Regional Counting Officer or counting
40officer may appoint deputies to carry out any or all of the officer’s functions.

(2) An appointment under sub-paragraph (1) must be in writing.

(3) A Regional Counting Officer may appoint however many clerks are
necessary to assist in carrying out the officer’s functions.

Previous Next

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