Session 2015-16
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Other Bills before Parliament




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




To move the following Clause—



“Power to modify section 125 of the 2000 Act



In this section—



“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



“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).



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—



material is published—



in a prescribed way, or



by a communication of a prescribed kind, and



such other conditions as may be prescribed are met.



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


in particular, oral communications and communications with the media.



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


Electoral Commission.



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


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





In this section—


“prescribed” means prescribed by the regulations;


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



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                  



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




After subsection 5 insert—



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