Session 2015-16
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1

 

House of Commons

 
 

Monday 7 September 2015

 

Consideration of Bill

 

European Union Referendum Bill, As Amended


 

MANUSCRIPT Amendment to New Clause 10

 

Secretary Philip Hammond

 

NC10

 

To move the following Clause—

 

         

“Power to modify section 125 of the 2000 Act

 

(1)    

In this section—

 

(a)    

“section 125” means section 125 of the 2000 Act (restriction on

 

publication etc of promotional material by central and local government

 

etc), as modified by paragraph 26 of Schedule 1, and

 

(b)    

“section 125(2)” means subsection (2) of section 125 (which prevents

 

material to which section 125 applies from being published by or on

 

behalf of certain persons and bodies during the 28 days ending with the

 

date of the poll).

 

(2)    

The Minister may by regulations make provision modifying section 125, for the

 

purposes of the referendum, so as to exclude from section 125(2) cases where—

 

(a)    

material is published—

 

(i)    

in a prescribed way, or

 

(ii)    

by a communication of a prescribed kind, and

 

(b)    

such other conditions as may be prescribed are met.

 

(3)    

The communications that may be prescribed under subsection (2)(a)(ii) include,

 

in particular, oral communications and communications with the media.

 

(4)    

Before making any regulations under this section, the Minister must consult the

 

Electoral Commission.

 

(5)    

Consultation carried out before the commencement of this section is as effective

 

for the purposes of subsection (4) as consultation carried out after that

 

commencement.

 

(6)    

In this section—

 

“prescribed” means prescribed by the regulations;

 

“publish” has the same meaning as in section 125.

 

(7)    

This section does not affect the generality of section 4(1)(c).”

 

Member’s explanatory statement

 

This new clause enables the Minister, by regulations, to modify section 125 of the 2000 Act to

 

exclude material published in a way, or by a kind of communication, specified in the regulations,


 
 

Consideration of Bill: 7 September 2015                  

2

 

European Union Referendum Bill, continued

 
 

subject to any conditions in the regulations. Any regulations will be subject to the affirmative

 

resolution procedure.

 

As an Amendment to Secretary Philip Hammond’s proposed New Clause (Power to

 

modify section 125 of the 2000 Act) (NC10):—

 

Mr Bernard Jenkin

 

Paul Flynn

 

Mrs Cheryl Gillan

 

Kate Hoey

 

Mr David Jones

 

Mr Andrew Turner

 

Kelvin Hopkins

 

Gerald Jones

 

(a)

 

After subsection 5 insert—

 

“(5A)    

Any regulations under subsection (2) must be made not less than four

 

months before the date of the referendum.”

 

 

Member’s explanatory statement

 

The purpose of the amendment is to ensure that the “purdah” arrangements that govern

 

ministerial and official announcements, visits and publicity are made at least four months before

 

the date of the referendum.

 


 

 

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Revised 07 September 2015