European Union Referendum Bill

MARSHALLED
LIST OF Amendments
to be moved
in committee

The amendments have been marshalled in accordance with the Instruction of 26th October 2015, as follows—

Clauses 1 and 2
Clause 5
Clause 3
Schedules 1 to 3
Clause 4
Clauses 6 to 12
Title

[Amendments marked * are new or have been altered]

Clause 1

LORD HAMILTON OF EPSOM

LORD FLIGHT

1

Page 1, line 6, at end insert—

“( )     Regulations under subsection (2) must appoint a day at least 10 weeks from
the day on which the regulations are made.

( )     A draft of regulations under subsection (2) must be laid before each House
of Parliament at least 16 weeks before the day to be appointed thereby.”

LORD LIDDLE

2

Page 1, line 8, leave out “2017” and insert “2019”

LORD HAMILTON OF EPSOM

LORD FLIGHT

3

Page 1, line 12, leave out “remain a member of the European Union or leave” and insert
leave the European Union or remain a member of

4

Page 1, leave out lines 16 and 17 and insert—

  ““Leave the European Union

   Remain a member of the European Union”.”

LORD WIGLEY

5

Page 1, line 20, leave out “aros” and insert “barhau

6

Page 2, line 2, leave out “Aros” and insert “Parhau

7

Page 2, line 3, at end insert—

“(7)     The Welsh and English versions of the question and alternative answers
shall be given equal prominence on the ballot papers in Wales.”

Clause 2

LORD TYLER

LORD WALLACE OF SALTAIRE

8

Page 2, line 4, at end insert—

“( )     This section is to be read as if references to the age of 18 in sections 1(1)(d)
and 2(1)(d) of the Representation of the People Act 1983 were references to
the age of 16.”

LORD WIGLEY

9

Page 2, line 4, at end insert—

“( )     A person is entitled to vote in the referendum if, on the date on which the
referendum poll is held, the person is aged 16 or over and registered in—

(a)   the register of local government electors; or

(b)   the register of young voters for the European Union referendum to
be held no later than 31 December 2017 prepared under section
(Register of young voters for the European Union referendum).”

LORD HANNAY OF CHISWICK

BARONESS SMITH OF NEWNHAM

10

Page 2, line 7, after “at” insert—

“(i)   ”

BARONESS MORGAN OF ELY

BARONESS SMITH OF NEWNHAM

LORD HANNAY OF CHISWICK

LORD TUGENDHAT

11

Page 2, line 7, at end insert “, if the minimum voting age for that election were 16”

LORD GREEN OF DEDDINGTON

LORD FORSYTH OF DRUMLEAN

LORD BLENCATHRA

12

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”

LORD HANNAY OF CHISWICK

BARONESS SMITH OF NEWNHAM

BARONESS ROYALL OF BLAISDON

LORD DYKES

13

Page 2, line 7, at end insert “or

“(ii)   a local government election in any constituency provided
the person is an EU citizen resident in the United Kingdom
for no less than five calendar years prior to the date of the
referendum,”

BARONESS MILLER OF CHILTHORNE DOMER

LORD DYKES

LORD FOULKES OF CUMNOCK

LORD LIDDLE

14

Page 2, line 7, at end insert—

“( )   any United Kingdom citizen who does not fall within paragraph
(a), but is resident in the European Union and has registered to vote
in the referendum,”

LORD LIDDLE

LORD DAVIES OF STAMFORD

15

Page 2, line 7, at end insert—

“( )   any European Union citizen who does not fall within paragraph (a),
but is resident in the United Kingdom and has registered to vote in
the referendum,”

LORD GREEN OF DEDDINGTON

LORD FORSYTH OF DRUMLEAN

LORD BLENCATHRA

16

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.”

LORD HANNAY OF CHISWICK

BARONESS SMITH OF NEWNHAM

LORD GAREL-JONES

LORD BOWNESS

17

Page 2, line 22, at end insert—

“(d)   the persons who fall within subsection (4).”

BARONESS MILLER OF CHILTHORNE DOMER

LORD DYKES

LORD FOULKES OF CUMNOCK

18

Page 2, line 25, at end insert—

“( )     The Secretary of State may by regulations make provision for European
Union residents who are entitled to vote in the referendum to be registered
as voters solely for the purposes of this referendum.”

LORD HANNAY OF CHISWICK

BARONESS SMITH OF NEWNHAM

LORD GAREL-JONES

LORD BOWNESS

19

Page 2, line 29, at end insert—

“(4)     Notwithstanding the provisions of the Representation of the People Act
1983, as amended, or of any other statute, a United Kingdom citizen
resident in a country within the European Union will be eligible—

(a)   to register to vote; and

(b)   to vote;

in the referendum, irrespective of the length of time that the citizen has
been resident in such a country.”

After Clause 2

LORD WIGLEY

20

Insert the following new Clause—

“Register of young voters for the European Union referendum

(1)     For the purposes of the European Union referendum to be held under this
Act, each registration officer must prepare, for the officer’s area, a register
to be known as the register of young voters.

(2)     The register must contain—

(a)   the names of the persons appearing to the registration officer to be
entitled to be registered in the register, and

(b)   in relation to each person registered in it, the person’s—

(i)   date of birth,

(ii)   (except where otherwise provided by an applied enactment)
qualifying address, and

(iii)   voter number.

(3)     Subsection (2) is subject to section 9B of the Representation of the People
Act 1983 (anonymous registration).

(4)     A person’s qualifying address is the address in respect of which the person
is entitled to be registered in the register.

(5)     A person’s voter number is such number (with or without any letters) as is
for the time being allocated by the registration officer to the person for the
purposes of the register.

(6)     A person is entitled to be registered in the register of young voters for any
area if, on the relevant date, the person—

(a)   is not registered in the register of local government electors for the
area,

(b)   meets the requirements (apart from any requirement as to age) for
registration in the register of local government electors for the area,
and

(c)   has attained the age of 16, or will attain that age on or before the
date on which the referendum is to be held.

(7)     In the case of a person who has not yet attained the age of 16—

(a)   the person’s entry in the register must state the date on which the
person will attain the age of 16, and

(b)   until that date, the person is not, by virtue of the entry, to be taken
to be a voter for the purposes of the referendum other than on the
date of the poll or after that date.

(8)     Where a person to whom subsection (7) applies has an anonymous entry in
the register, the references in that subsection to the person’s entry in the
register are to be read as references to the person’s entry in the record of
anonymous entries.

(9)     In this section, “the relevant date” mean the date on which an application
for registration in the register of young voters is made (or the date on which
such an application is treated as made by virtue of section 10A(2) of the
1983 Act).”

After Clause 5

LORD HANNAY OF CHISWICK

BARONESS MORGAN OF ELY

BARONESS SMITH OF NEWNHAM

LORD BOWNESS

21

Insert the following new Clause—

“Report on the consequences of United Kingdom withdrawal from the
European Union

(1)     No later than 12 weeks prior to the appointed date of the referendum, the
Secretary of State shall publish, and lay before each House of Parliament, a
comprehensive report on the possible consequences of withdrawal from
the European Union, taking into account the reports published under the
Review of the Balance of Competences.

(2)     The report provided for by subsection (1) shall include information on—

(a)   the effect of withdrawal on the rights of individuals within the
United Kingdom, including the effect on employment rights;

(b)   the rights of European citizens living in the United Kingdom
following withdrawal;

(c)   the rights, following withdrawal, of United Kingdom citizens living
in another country that is a member of the European Union;

(d)   the legislative and statutory consequences of withdrawal for each
government department and for the devolved governments of the
United Kingdom, including for social and environmental
legislation; and

(e)   consequences of withdrawal for law enforcement, security and
justice in the United Kingdom and in the devolved jurisdictions.”

LORD HANNAY OF CHISWICK

BARONESS MORGAN OF ELY

LORD TURNBULL

22

Insert the following new Clause—

“Office for Budget Responsibility

(1)     The Secretary of State shall request the Office for Budget Responsibility to
consider and report on the effect on the United Kingdom economy of
5withdrawal from the European Union.

(2)     The report provided for by subsection (1) must be published, and laid
before each House of Parliament, no later than 12 weeks prior to the
appointed date of the referendum.”

LORD BLENCATHRA

LORD HAMILTON OF EPSOM

LORD FLIGHT

[As an amendment to Amendment 22]

23

Line 5, after “from” insert “and staying in”

LORD KERR OF KINLOCHARD

BARONESS MORGAN OF ELY

LORD TUGENDHAT

BARONESS SMITH OF NEWNHAM

24

Insert the following new Clause—

“Report on the United Kingdom’s future relationship with the European Union
in the event of withdrawal from the European Union

(1)     The Secretary of State shall report on the relationship with the European
Union which the Government envisage in the event of a referendum vote
to leave the European Union, and on the acceptability of this arrangement
to every European Union member state.

(2)     The report provided for by subsection (1) must be published and laid
before each House of Parliament, no later than 12 weeks prior to the
appointed date of the referendum.”

LORD FORSYTH OF DRUMLEAN

LORD HAMILTON OF EPSOM

LORD FLIGHT

LORD BLENCATHRA

25

Insert the following new Clause—

“Report on the outcomes of negotiations between Her Majesty’s Government
and the European Union

Not less than four months before the date of the referendum, the Secretary
of State shall publish, and lay before each House of Parliament, a report
setting out the outcomes of Her Majesty’s Government’s negotiations with
the European Union, and any resulting changes in the relationship between
the United Kingdom and the European Union.”

LORD LIDDLE

26

Insert the following new Clause—

“Assessment of alternatives to United Kingdom membership of the European
Union

The Secretary of State shall commission an objective assessment of the
alternatives to the United Kingdom’s membership of the European Union,
to be made publicly available in advance of the holding of the referendum
in order to inform debate.”

LORD BLENCATHRA

LORD HAMILTON OF EPSOM

LORD FLIGHT

27

Insert the following new Clause—

“Report on the consequences of the United Kingdom staying in the European
Union

(1)     No later than 12 weeks prior to the appointed date of the referendum, the
Secretary of State shall publish, and lay before each House of Parliament, a
comprehensive report on the possible consequences of the United
Kingdom staying in the European Union, taking into account the reports
published under the Review of the Balance of Competences and other
relevant reports.

(2)     The report provided for by subsection (1) shall include information on—

(a)   the competitive position of the United Kingdom in the world
economy;

(b)   the position of British workers, including with regard to wages and
labour markets;

(c)   the effects on the United Kingdom’s social security systems;

(d)   the consequences for insolvency law, company law and property
rights;

(e)   the United Kingdom’s place on the International Monetary Fund,
the United Nations and other international bodies; and

(f)   the implementation of any renegotiation of the terms of
membership between the United Kingdom Government and the
European Union.”

LORD WIGLEY

28*

Insert the following new Clause—

“Report on the consequences of United Kingdom withdrawal from the
European Union: structural funds

No later than 12 weeks prior to the appointed date of the referendum, the
Secretary of State shall publish, and lay before each House of Parliament, a
report on the consequences of withdrawal from the European Union on
those regions of the United Kingdom that qualify for structural funds.”

29*

Insert the following new Clause—

“Report on the consequences of United Kingdom withdrawal from the
European Union: agriculture

No later than 12 weeks prior to the appointed date of the referendum, the
Secretary of State shall publish, and lay before each House of Parliament, a
report on the consequences of withdrawal from the European Union on the
provisional of financial support for agriculture in each region of the United
Kingdom.”

BARONESS MORGAN OF ELY

30*

Insert the following new Clause—

“Report on the consequences for Gibraltar of United Kingdom withdrawal from
the European Union

No later than 12 weeks prior to the appointed date of the referendum, the
Secretary of State shall publish, and lay before each House of Parliament, a
comprehensive report on the possible consequences for Gibraltar of the
withdrawal of the United Kingdom from the European Union.”

LORD GREEN OF DEDDINGTON

31*

Insert the following new Clause—

“Report on the consequences of the United Kingdom staying in the European
Union: net migration

No later than 12 weeks prior to the appointed date of the referendum, the
Secretary of State shall publish, and lay before each House of Parliament, a
report on the impact of continued membership of the European Union on
the scale of net migration to the United Kingdom and its consequential
effect on the future population of the United Kingdom.”

32*

Insert the following new Clause—

“Report on the consequences of the United Kingdom staying in the European
Union: free movement

No later than 12 weeks prior to the appointed date of the referendum, the
Secretary of State shall publish, and lay before each House of Parliament, a
report on the current length of time taken for people who are not European
Union citizens to acquire citizenship in each member state, and the extent
of free movement within the European Union that accompanies such
citizenships and accrues to family members of those citizens.”

Schedule 1

BARONESS ANELAY OF ST JOHNS

33

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

LORD HANNAY OF CHISWICK

34*

Page 12, line 8, at end insert—

“Designation of organisation for only one of the possible outcomes

Section 108 of the 2000 Act (assistance for designated organisations) has
effect for the purposes of the referendum as if—

(a)   at the end of subsection (2)(a), for “but” there were substituted
“or”; and

(b)   for subsection (2)(b) there were substituted—

“(b)   may designate a permitted participant in relation
to only one of the possible outcomes.””

BARONESS ANELAY OF ST JOHNS

35

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

36

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”.”

LORD FORSYTH OF DRUMLEAN

LORD BLENCATHRA

37

Page 17, line 12, leave out sub-paragraphs (i) to (v) and insert “in sub-paragraphs
(i) to (v), for the figures “£5 million”, “£4 million”, “£3 million”, “£2 million” and
“£500,000” in each case there were substituted “zero”, and”

LORD HAMILTON OF EPSOM

LORD FLIGHT

38

Page 17, line 23, at end insert—

“Restrictions on campaigning by public authorities

For the purposes of the referendum, the following is to be treated as
inserted after section 118 of the 2000 Act—

“118A           Restriction on campaigning by public authorities

(1)     This section applies during the period of 28 days ending with the
day on which the referendum is held.

(2)     For the avoidance of doubt, and without prejudice to the other
provisions of this Act, Ministers of the Crown, government
departments, and local authorities may not engage in any
activities for referendum purposes.

(3)     This section does not apply to the activities of any person in a
personal capacity.

(4)     In this section, “referendum purposes” has the same meaning as
in section 111 of this Act.

118B          Restrictions on special advisers

(1)     This section applies during the period of 28 days ending with the
day on which the referendum is held.

(2)     A permitted participant must not solicit or procure the advice,
assistance or support of a special adviser for referendum
purposes.

(3)     A special adviser must not knowingly provide advice, assistance
or support to a permitted participant for referendum purposes.

(4)     A special adviser must not knowingly provide advice, assistance
or support to a Minister of the Crown, government department,
or local authority for referendum purposes.

(5)     In this section, “special adviser” has the same meaning as in
section 15 of the Constitutional Reform and Governance Act
2010.

(6)     In this section, “referendum purposes” has the same meaning as
in section 111 of this Act.””

39

Page 17, line 23, at end insert—

“Restrictions on campaigning by EU institutions

For the purposes of the referendum, the following is to be treated as
inserted after section 119 of the 2000 Act—

“119A           Restrictions on the EU institutions

(1)     Notwithstanding the European Communities Act 1972, during
the referendum period, an EU institution must not incur
referendum expenses or engage in any other activity for
referendum purposes.

(2)     Notwithstanding the European Communities Act 1972, a
permitted participant must not accept a donation from an EU
institution.

(3)     In this section, “EU institution” has the same meaning as in
Article 13(1) of the Treaty on European Union.

(4)     In this section, “referendum purposes” and “referendum
expenses” have the same meaning as in section 111 of this Act.””

LORD HAMILTON OF EPSOM

40*

Page 17, line 23, at end insert—

“Limits on expenditure incurred in respect of referendum campaigns

  (1)     There shall be a limit of £20 million on the level of expenditure incurred
by permitted participants in respect of activities carried out for
referendum purposes.

(2)     The limit shall be in force from the day on which this Act is passed until
the date on which a referendum is appointed.

(3)     In this Schedule “referendum purposes” has the same meaning as in
section 111 of the 2000 Act.”

BARONESS ANELAY OF ST JOHNS

41

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.”

42

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).”

43

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;”.”

44

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”.””

45

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”.”

46

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

47

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

48

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

49

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

    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

    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

    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.””

Clause 4

LORD FORSYTH OF DRUMLEAN

LORD HAMILTON OF EPSOM

LORD FLIGHT

LORD BLENCATHRA

50

Page 3, line 24, leave out “consult” and insert “obtain the agreement of”

Clause 6

BARONESS ANELAY OF ST JOHNS

51

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

LORD HAMILTON OF EPSOM

LORD FLIGHT

LORD BLENCATHRA

52

Page 4, line 17, at end insert “and obtain the consent of”

LORD FORSYTH OF DRUMLEAN

LORD BLENCATHRA

LORD HAMILTON OF EPSOM

LORD FLIGHT

53

Page 4, line 22, after “be” insert “—

(a)   published in draft not less than six months before the date of the
referendum; and

“(b)   ”

LORD HAMILTON OF EPSOM

LORD FLIGHT

LORD BLENCATHRA

54

Page 4, line 27, leave out subsection (8)

LORD KERR OF KINLOCHARD

55

Page 4, line 27, at end insert—

“(9)     Section 125 has effect in relation to the referendum as if—

(a)   at the start there were inserted—

“(A1)    This section has effect subject to subsection (5).”; and

(b)   at the end there were inserted—

“(5)     Nothing in this section shall have the effect of interfering
with normal business within government, between the
government and the institutions of the European Union,
and within the institutions of the European Union.””

LORD FORSYTH OF DRUMLEAN

LORD HAMILTON OF EPSOM

LORD FLIGHT

LORD BLENCATHRA

 


The above-named Lords give notice of their intention to oppose the Question that Clause 6
stand part of the Bill.

After Clause 6

LORD FORSYTH OF DRUMLEAN

LORD HAMILTON OF EPSOM

LORD FLIGHT

LORD BLENCATHRA

56

Insert the following new Clause—

“Restriction on publication etc of promotional material: Scottish Government,
Welsh Government, Northern Ireland Executive and European Commission

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 as if, in subsection (2)(a), after “authority” there were
inserted “including the Scottish Government, the Welsh Government and
the Northern Ireland Executive;

(aa)   the European Commission;”.”

LORD HAMILTON OF EPSOM

LORD FLIGHT

LORD BLENCATHRA

57

Insert the following new Clause—

“Application of section 125 of the 2000 Act

Section 125 of the 2000 Act has effect for the purposes of the referendum as
if, after subsection (2), there were inserted—

“(2A)    For the avoidance of doubt, for the purposes of this Act Ministers of
the Crown include Scottish Ministers, Welsh Ministers, Northern
Ireland Ministers and members of Her Majesty’s Government of
Gibraltar.””

LORD LIDDLE

LORD DAVIES OF STAMFORD

58

Insert the following new Clause—

“Provision of information

(none)   The Secretary of State shall ensure that every elector is sent, through the
post, a full statement from the official campaigns on the cases for remaining
in and leaving the European Union, as well as a statement of the
Government’s position.”

LORD LIDDLE

59

Insert the following new Clause—

“National newspaper advertisements

(none)   The Secretary of State shall require all national United Kingdom
newspapers to carry free full-page advertisements from both the “remain”
and “leave” sides of the campaign on each of the final ten days of the
referendum campaign.”

LORD BLENCATHRA

LORD HAMILTON OF EPSOM

LORD FLIGHT

60

Insert the following new Clause—

“Creation of EU Referendum Broadcasting Impartiality Authority

(1)     The Electoral Commission shall establish, for the purposes of the
referendum on whether the United Kingdom should remain a member of
the European Union only, an authority to rule on the impartiality shown by
the sound and vision broadcasting media based in the United Kingdom
regarding all news and media stories relating to the referendum.

(2)     The authority shall be created by the Electoral Commission and be
operational within 3 months after the passing of this Act, and shall cease to
operate when the polls close on the day of the referendum.

(3)     The authority, for the duration of its existence, shall assume and exercise
all the impartiality functions currently vested in OFCOM and the BBC to
the extent necessary for the fulfilment of its functions.

(4)     The decisions of the authority shall take precedence over any decision by
OFCOM or the BBC.

(5)     The authority shall adopt all the rules on neutrality and impartiality
currently applied by the BBC and OFCOM during General Elections but
shall be authorised to amend them as it sees fit in relation to the
referendum.

(6)     The authority shall publish its neutrality and impartiality guidelines as
soon as practical after its creation.

(7)     It shall be a criminal offence for any relevant broadcaster to breach the
guidelines or fail to follow instructions from the authority.

(8)     The cost of the authority shall be kept to under £50 million and the costs
shall be met from public funds.”

LORD LIDDLE

LORD WIGLEY

61*

Insert the following new Clause—

“Count for votes cast

The count for votes cast in the referendum shall be carried out and declared
separately for—

(a)   Scotland,

(b)   Wales,

(c)   Northern Ireland, and

(d)   England.”

Clause 9

BARONESS ANELAY OF ST JOHNS

62

Page 6, line 9, at end insert—

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

Prepared 27th October 2015