European Union Referendum Bill

Amendments
to be moved
in committee

Clause 2

LORD GREEN OF DEDDINGTON

 

Page 2, line 7, at end insert “by virtue of being, under the British Nationality Acts
1981 and 1983 or the British Overseas Territories Act 2002, a British citizen, a
British overseas territories citizen, a British National (Overseas), a British Overseas
citizen or a British subject.”

 

Page 2, line 21, leave out from “comprised” to end of line 25 and insert “by virtue
of being, under the British Nationality Acts 1981 and 1983 or the British Overseas
Territories Act 2002, a British citizen, a British overseas territories citizen, a British
National (Overseas), a British Overseas citizen or a British subject.”

Clause 6

BARONESS ANELAY OF ST JOHNS

 

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

Clause 9

BARONESS ANELAY OF ST JOHNS

 

Page 6, line 9, at end insert—

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

Schedule 1

BARONESS ANELAY OF ST JOHNS

 

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

 

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 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 23, line 33, at end insert—

“Application to Gibraltar public bodies of restriction on publication of promotional material

31A   (1)  Section 125 of the 2000 Act (restriction on publication etc of promotional
material by central and local government etc) has effect for the purposes
of the referendum with the following modifications.

(2)     Subsection (2) has effect for those purposes as if after paragraph (a) there
were inserted—

“(aa)   the Government of Gibraltar or any Gibraltar
government department; or”.

(3)     Subsection (2)(b) has effect for those purposes as if for the words from
“wholly or mainly” to the end there were substituted “wholly or
mainly—

(i)   out of public funds or by any local authority; or

(ii)   out of Gibraltar public funds.”

(4)     Subsection (3) has effect for those purposes as if after “Sianel Pedwar
Cymru” there were inserted “or the Gibraltar Broadcasting
Corporation”.”

 

Page 27, line 26, at end insert—

“Interpretation

38     Section 160 of the 2000 Act (general interpretation) has effect for the
purposes of the referendum as if the following subsection were inserted
after subsection (4)—

“(4A)    References in this Act (in whatever terms) to expenses met, or
things provided, out of “Gibraltar public funds” are references to
expenses met, or things provided, by means of—

(a)   payments out of—

(i)   the Gibraltar consolidated fund; or

(ii)   monies voted by the Gibraltar Parliament; or

(b)   payments by the Government of Gibraltar or any
Gibraltar government department.””

Schedule 2

BARONESS ANELAY OF ST JOHNS

 

Page 45, line 23, leave out paragraph (b)

 

Page 47, line 21, at end insert—

Persons with whom certain registered parties may enter into loan agreements etc

10  (1)     Sub-paragraph (2) applies if—

(a)   a permitted participant—

(i)   is a party to a transaction which is a regulated transaction
for the purposes of Part 4A of the 2000 Act, or

(ii)   derives a benefit from a transaction which is a connected
transaction for the purposes of that Part,

(b)   that transaction is entered into during the referendum period,

(c)   the permitted participant is a registered party that is not a minor
party,

(d)   any of the other parties to the regulated transaction or any of the
parties to the connected transaction (as the case may be) is a
person (“the unauthorised person”) who, in relation to that
transaction, is not an authorised participant for the purposes of
Part 4A of the 2000 Act by virtue of section 71H of that Act, and

(e)   the unauthorised person is a person within sub-paragraph (3).

(2)     In relation to the transaction mentioned in sub-paragraph (1)(a)(i) or (ii),
the unauthorised person is to be regarded for the purposes of Part 4A of
the 2000 Act as an authorised participant.

(3)     The persons within this sub-paragraph are—

(a)   a Gibraltar elector;

(b)   a body falling within any of paragraphs (b) to (g) of section
54(2A) of the 2000 Act;

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

(d)   a 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
Investment (Scotland) Act 2005 (asp 10);

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

(4)     In this paragraph “Gibraltar elector” has the same meaning as in the 2000
Act (see section 160(1) of that Act).

11     Where paragraph 10 applies in relation to a transaction to which a
permitted participant is a party, or from which a permitted participant
derives a benefit, paragraph 2 of Schedule 6A to the 2000 Act (details to
be given in quarterly reports) has effect as if—

(a)   in sub-paragraph (1) for “(10)” there were substituted “(10C)”,
and

(b)   the following sub-paragraphs were inserted after sub-paragraph
(10)—

“(10A)   In the case of a body within paragraph 10(3)(c) of
Schedule 2 to the European Union Referendum Act
2015 (body incorporated by Royal Charter) the report
must give—

(a)   the name of the body, and

(b)   the address of its main office in the United
Kingdom.

(10B)    In the case of a body within paragraph 10(3)(d) or (e) of
that Schedule (charitable incorporated organisation)
the report must give—

(a)   the name of the body, and

(b)   the address of its principal office.

(10C)    In the case of a body within paragraph 10(3)(f) of that
Schedule (Scottish partnership) the report must give—

(a)   the name of the body, and

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

12  (1)     This paragraph applies to a variation of a regulated transaction if—

(a)   the regulated transaction was entered into by a permitted
participant during the referendum period,

(b)   the permitted participant is a registered party that is not a minor
party,

(c)   one of the other parties to the regulated transaction is an
authorised participant in relation to the transaction by virtue of
paragraph 10 of this Schedule, and

(d)   the variation has the effect of increasing the value of the
regulated transaction or enabling it to be increased.

(2)     It does not matter for the purposes of sub-paragraph (1)(d) when the
variation is entered into or when the increase takes effect or could take
effect.

(3)     The variation is to be treated for the purposes of sections 71I(2) to (4) of
the 2000 Act as a regulated transaction in which another participant is
not an authorised participant.

(4)     An order made under section 71I(4) of the 2000 Act in relation to a
variation to which this paragraph applies may in particular—

(a)   require that any amount owed as a result of the variation be
repaid (and that no further sums be advanced under the terms of
the variation);

(b)   where any additional security is provided under the terms of the
variation, require that security to be discharged.

(5)     In this paragraph—

(a)   “authorised participant” means an authorised participant for the
purposes of Part 4A of the 2000 Act;

(b)   “regulated transaction” and references to the value of a regulated
transaction have the same meaning as in Part 4A of the 2000 Act
(see sections 71F and 71G of that Act).

13  (1)     Section 71L of the 2000 Act (offences relating to regulated transactions)
has effect with the following modifications.

(2)     In each of subsections (1)(a), (2)(b), (3)(a) and (4)(a), the reference to
entering into a regulated transaction of a description mentioned in
section 71F(2) or (3) in which another participant is not an authorised
participant includes a reference to entering into a variation to which
paragraph 12 of this Schedule applies.

(3)     In relation to such a variation—

(a)   subsection (3)(b) has effect as if for the words “that the other
participant is not an authorised participant” there were
substituted “of the matters mentioned in paragraph (a)”, and

(b)   subsections (3)(c), (4)(c) and (10) each have effect as if the
reference to the transaction were to the variation.

(4)     In subsection (9), the reference to a regulated transaction with a person
other than an authorised participant includes a reference to a variation
to which paragraph 12 of this Schedule applies.”

Schedule 3

BARONESS ANELAY OF ST JOHNS

 

Page 53, line 36, at end insert—

“Supply and use of register of electors

12A   (1)  The Representation of the People (England and Wales) Regulations 2001
(S.I. 2001/341) have effect for the purposes of the referendum with the
following modifications.

(2)     Regulation 106 (supply of full register etc to registered political parties
etc and restrictions on use) has effect for those purposes as if—

(a)   in paragraph (1)(c), for “, other than a registered political party”
there were substituted “which either is not a registered political
party or is a minor party within the meaning of section 160(1) of
that Act”, and

(b)   at the end of paragraph (4)(b)(ii) there were inserted “, and

(iii)   the purposes of complying with the
requirements of Schedule 15A to that Act
(control of loans etc to certain permitted
participants), and

(iv)   the purposes of complying with the
requirements of paragraphs 32 and 33 of
Schedule 1 and paragraphs 5 and 6 of
Schedule 2 to the European Union
Referendum Act 2015.”

12B   (1)  The Representation of the People (Scotland) Regulations 2001 (S.I. 2001/
497) have effect for the purposes of the referendum with the following
modifications.

(2)     Regulation 105 (supply of full register etc to registered political parties
etc and restrictions on use) has effect for those purposes as if—

(a)   in paragraph (1)(c), for “, other than a registered political party”
there were substituted “which either is not a registered political
party or is a minor party within the meaning of section 160(1) of
that Act”, and

(b)   at the end of paragraph (4)(b)(ii) there were inserted “, and

(iii)   the purposes of complying with the
requirements of Schedule 15A to that Act
(control of loans etc to certain permitted
participants), and

(iv)   the purposes of complying with the
requirements of paragraphs 32 and 33 of
Schedule 1 and paragraphs 5 and 6 of
Schedule 2 to the European Union
Referendum Act 2015.”

12C   (1)  The Representation of the People (Northern Ireland) Regulations 2008
(S.I. 2008/1741) have effect for the purposes of the referendum with the
following modifications.

(2)     Regulation 105 (supply of full register etc to registered political parties
etc and restrictions on use) has effect for those purposes as if—

(a)   in paragraph (1)(c), for “, other than a registered political party”
there were substituted “which either is not a registered political
party or is a minor party within the meaning of section 160(1) of
that Act”, and

(b)   at the end of paragraph (4)(b)(ii) there were inserted “; and

(iii)   the purposes of complying with the
requirements of Schedule 15A to that Act
(control of loans etc to certain permitted
participants); and

(iv)   the purposes of complying with the
requirements of paragraphs 32 and 33 of
Schedule 1 and paragraphs 5 and 6 of
Schedule 2 to the European Union
Referendum Act 2015.””

Prepared 22nd October 2015