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      5.0.04

Insert the following new Clause—

“Duty to publish information on outcome of negotiations between member

States

(1)    

The Secretary of State must publish a report which contains (alone or with

other material)—

(a)    

a statement setting out what has been agreed by member States

following negotiations relating to the United Kingdom’s request for

reforms to address concerns over its membership of the European

Union, and

(b)    

the opinion of the Government of the United Kingdom on what has

been agreed.

(2)    

The report must be published before the beginning of the final 10 week

period.

(3)    

In this section “the final 10 week period” means the period of 10 weeks

ending with the date of the referendum.

(4)    

A copy of the report published under this section must be laid before

Parliament by the Secretary of State.”

Insert the following new Clause—

“Duty to publish information about membership of the European Union etc

(1)    

The Secretary of State must publish a report which contains (alone or with

other material)—

(a)    

information about rights, and obligations, that arise under

European Union law as a result of the United Kingdom’s

membership of the European Union, and

(b)    

examples of countries that do not have membership of the

European Union but do have other arrangements with the

European Union (describing, in the case of each country given as an

example, those arrangements).

(2)    

The report must be published before the beginning of the final 10 week

period.

(3)    

In this section “the final 10 week period” means the period of 10 weeks

ending with the date of the referendum.

(4)    

A copy of the report published under this section must be laid before

Parliament by the Secretary of State.”

Clause 6

Page 4, line 3, leave out “( )” and insert “31A”

Clause 7

Page 4, line 40, leave out paragraph (b)

Page 5, line 1, leave out subsection (5)

Clause 9

Page 6, line 9, at end insert—

““the referendum period” has the meaning given by paragraph 1 of

Schedule 1;”

Schedule 1

Page 8, line 5, leave out “Schedule” and insert “Act”

Page 8, line 7, at end insert—

    “( )  

The period prescribed under this paragraph must be a period which—

(a)    

is at least 10 weeks, and

(b)    

ends with the date of the referendum.”

Page 11, line 37, at end insert—

“Designation of organisations: designation of one organisation only

8A  (1)  

Section 108 of the 2000 Act (designation of organisations to whom

assistance is available) has effect for the purposes of the referendum with

the following modifications.

      (2)  

Subsection (2) has effect for those purposes as if for the words from “the

Commission” to the end there were substituted “the Commission may—

(a)    

in relation to each of those outcomes, designate one

permitted participant as representing those campaigning

for the outcome in question; or

(b)    

if the condition in subsection (2A) is met as regards one of

those outcomes (“outcome A”) but not the other

(“outcome B”), designate one permitted participant as

representing those campaigning for outcome B.

    (2A)  

The condition in this subsection is met as regards an outcome

if either—

(a)    

no permitted participant makes an application to be

designated under section 109 as representing those

campaigning for that outcome; or

(b)    

the Commission are not satisfied that there is any

permitted participant who has made an application

under that section who adequately represents those

campaigning for that outcome.”

      (3)  

For the purposes of the referendum subsections (3) and (4) are to be

treated as omitted.

8B         

Accordingly, for the purposes of the referendum, section 109 of the 2000

Act (applying to become a designated organisation) has effect as if—

(a)    

in subsection (4) paragraph (b) (and the “or” before it) were

omitted, and

(b)    

in subsection (5) paragraph (b) (and the “or” before it) were

omitted.

8C  (1)  

This paragraph applies if the Electoral Commission designate only one

permitted participant under section 108(2) of the 2000 Act in respect of

the referendum.

      (2)  

If this paragraph applies, section 110 of the 2000 Act (assistance available

to designated organisations) has effect for the purposes of the

referendum as if—

(a)    

in subsection (1) —

(i)    

for “any designations” there were substituted “a

designation”, and

(ii)    

for “the designated organisations” there were substituted

“the designated organisation”,

(b)    

subsections (2) and (3) were omitted, and

(c)    

for subsection (4) there were substituted the subsection set out in

sub-paragraph (3) below.

      (3)  

That subsection is—

    “(4)  

The designated organisation (or, as the case may be, persons

authorised by the organisation) shall have the rights conferred

by paragraphs 1 to 3 of Schedule 12.”

      (5)  

If this paragraph applies, section 127(1) of the 2000 Act (referendum

campaign broadcasts) has effect for the purposes of the referendum as if

the words from “made” to the end were omitted.”

Page 12, line 19, leave out sub-paragraph (3)

Page 13, line 25, at end insert—

“14A      

Schedule 13 to the 2000 Act (expenses that are referendum expenses

where incurred for referendum purposes) has effect for the purposes of

the referendum as if in paragraph 2(a) after “public funds” there were

inserted “or Gibraltar public funds”.”

Page 14, line 5, leave out “commencement of this Schedule” and insert “day when

section 3 of this Act (application of Part 7 of the 2000 Act to the referendum) is

brought into force for the purposes of applying section 117 of the 2000 Act to the

referendum”

Page 14, line 35, at end insert—

    “( )  

In this paragraph references to “common plan expenses” of an

individual or body are to referendum expenses which are incurred by or

on behalf of that individual or body—

(a)    

as mentioned in sub-paragraph (1)(a), and

(b)    

in pursuance of a plan or other arrangement mentioned in sub-

paragraph (1)(b).”

Page 14, line 36, leave out “expenses” and insert “common plan expenses of the

individual or body which is”

Page 15, line 9, leave out from “any” to “of” in line 10 and insert “common plan

expenses”

Page 15, line 13, leave out from “any” to “of” in line 14 and insert “common plan

expenses”

Page 18, line 2, at end insert—

    “( )  

In relation to a donation in the form of a bequest sub-paragraph (3)(a) is

to be read as referring to an individual who was, at any time within the

period of 5 years ending with the date of the individual’s death, a

Gibraltar elector.”

Page 18, line 29, at end insert—

“Financial limit on certain donations etc to registered parties other than minor

parties

23A(1)  

This paragraph applies where the permitted maximum is exceeded by

the aggregate value of—

(a)    

relevant donations which are received and accepted, and

(b)    

relevant regulated transactions which are entered into,

during the referendum period by a permitted participant that is a

registered party other than a minor party.

      (2)  

Each of the relevant donations and relevant regulated transactions

falling within sub-paragraph (3) is to be treated for the purposes of Parts

4 and 4A of the 2000 Act (as modified by paragraphs 22 and 23 of this

Schedule and paragraphs 10 to 13 of Schedule 2) as if—

(a)    

it had been received or entered into, as the case may be, at the end

of the period of 3 months after the end of the referendum period,

(b)    

in the case of a relevant donation, it had been received from a

person who was not a permissible donor at the time, and

(c)    

in the case of a relevant regulated transaction, it had been entered

into with a person who was not an authorised participant at the

time.

      (3)  

A relevant donation or relevant regulated transaction falls within this

sub-paragraph—

(a)    

if—

(i)    

it is the first of the relevant donations received or is the

only one,

(ii)    

no relevant regulated transaction has previously been

entered into, and

(iii)    

the value of the donation alone exceeds the permitted

maximum,

(b)    

if it is the first of the relevant regulated transactions entered into

or is the only one, and the value of the transaction alone exceeds

the permitted maximum, or

(c)    

in a case not falling within paragraph (a) or (b), if the aggregate

value of the relevant donation or relevant regulated transaction

and the relevant donations and relevant regulated transactions

previously received or entered into exceeds the permitted

maximum.

      (4)  

But—

(a)    

in the case of a relevant donation within sub-paragraph (3)(a),

only so much of the donation as exceeds the permitted maximum

is a donation falling within sub-paragraph (3), and

(b)    

in the case of a relevant donation within sub-paragraph (3)(c)

where the aggregate value of the relevant donations and relevant

regulated transactions previously received or entered into does

not exceed the permitted maximum, only so much of the

donation as exceeds the difference between that aggregate value

and the permitted maximum is a donation falling within sub-

paragraph (3).

      (5)  

In this paragraph—

“authorised participant” means an authorised participant

for the purposes of Part 4A of the 2000 Act;

“permissible donor” means a permissible donor for the

purposes of Part 4 of the 2000 Act;

“permitted maximum”, in relation to a permitted

participant, means an amount equal to the limit imposed

on that permitted participant by paragraph 1(2) of

Schedule 14 to the 2000 Act (as modified by paragraph 21

of this Schedule);

“relevant donation” means a donation which is received

from a person who is a permissible donor in relation to

that donation by virtue of paragraph 22 of this Schedule;

“relevant regulated transaction” means a transaction

which—

(a)    

is a regulated transaction for the purposes of

Part 4A of the 2000 Act (see section 71F of

that Act), and

(b)    

is entered into with a person who is an

authorised participant in relation to that

transaction by virtue of paragraph 10 of

Schedule 2.

      (6)  

In this paragraph—

(a)    

references to a donation and to the value of a donation have the

same meaning as in Part 4 of the 2000 Act (see sections 50 and 53

of that Act), and

(b)    

references to the value of a regulated transaction have the same

meaning as in Part 4A of that Act (see section 71G of that Act).”

Page 19, line 4, at end insert—

“24A      

Paragraph 4(1) of Schedule 15 to the 2000 Act (payments etc not to be

regarded as donations) has effect for the purposes of the referendum as

if after paragraph (a) there were inserted—

“(aa)    

any grant provided out of Gibraltar public funds;”.”

Page 20, line 4, at end insert—

“(b)    

before paragraph (b) there were inserted—

“(ab)    

section 56(2) shall have effect as if for the words from

“by virtue” to the end of paragraph (b) there were

substituted “by virtue of paragraph 6(1) of Schedule

15, or which it is decided that the party should for

any other reason refuse, then—

(a)    

unless the donation falls within

paragraph 6(1)(b) of Schedule 15,

the donation, or a payment of an

equivalent amount, must be sent

back to the person who made the

donation or any person appearing

to be acting on his behalf, and

(b)    

if the donation falls within that

provision, the required steps (as

defined by section 57(1)) must be

taken in relation to the donation,”;

and”, and

(c)    

at the end of paragraph (b) there were inserted “; and

(c)    

section 58(1) shall have effect as if in paragraph (a)

for the words from “by virtue” to “party” there were

substituted “by virtue of paragraph 6(1)(a) or (b) of

Schedule 15, the party”.””

Page 20, line 38, at end insert—

    “( )  

In paragraph 10(1)(c) of Schedule 15 to the 2000 Act as it applies for the

purposes of the referendum, the reference to paragraph 2 of Schedule 6

to that Act is to be taken as a reference to that paragraph without the

modifications of that paragraph made by this Schedule.”