European Union Referendum Bill

third
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—

Clause 3
Schedules 1 to 3
Clause 4
Clauses 6 to 12
Title

[Amendments marked * are new or have been altered]

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

LORD GREAVES

48A*

Page 53, line 3, at end insert—

“(1A)    The steps mentioned in subsection (1) must include taking action, as
soon as the date of the referendum has been announced, to bring to the
attention of eligible electors who are not registered what they must do in
order to register in time to vote in the referendum.

(1B)    In carrying out the action provided for by subsection (1A), the Electoral
Commission must in particular take steps to promote the registration
of—

(a)   young voters, and

(b)   eligible United Kingdom electors who are resident in other
member states of the European Union.”

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

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

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

LORD PEARSON OF RANNOCH

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.”

LORD FORSYTH OF DRUMLEAN

61A

Insert the following new Clause—

“Surcharge in case of breach in section 125 of the 2000 Act

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 there were inserted at the end—

    If any person is found by the Electoral Commission to have
breached the restrictions imposed by this section, and by so doing
to have caused public money to be spent, that person shall be liable
to be surcharged by the Electoral Commission in order to recover
the money that has been spent.””

61B

[Withdrawn]

LORD PEARSON OF RANNOCH

[In substitution for Amendment 61B]

61BA*

Insert the following new Clause—

“Impartiality of broadcasters

(1)     Notwithstanding any enactment or legal instrument, before the start of the
referendum period, the Secretary of State shall by regulations make
provision to ensure the impartiality of broadcasters during the referendum
period.

(2)     Regulations made under this section must include provision for the
appointment by the Secretary of State of a referendum broadcasting
adjudicator.

(3)     Regulations made under this section must require the referendum
broadcasting adjudicator—

(a)   to draw up and publish guidance applicable to the referendum to
ensure the impartiality of broadcasters during the referendum
period, notwithstanding any relevant guidance currently in force or
in draft;

(b)   to make arrangements by which any allegations of breach of the
guidance on impartiality can be referred to and determined by the
adjudicator and where an allegation, in the adjudicator’s view, is
vexatious or frivolous to dismiss the allegation; and

(c)   to publish a statement six weeks before the referendum, setting out
whether in the broadcasting adjudicator’s opinion, the BBC has
covered a sufficiently broad scope of issues relating to the
referendum, and outlining the grounds for the opinion expressed in
the statement.

(4)     If the broadcasting adjudicator makes a statement under subsection (3)(c)
to the effect that the BBC has not covered a sufficiently broad scope of
issues relating to the referendum, the broadcasting adjudicator shall
require the BBC to take action to address this within two weeks of the
publication of the statement.

(5)     Guidance published under subsection (3)(a) shall apply to—

(a)   the holder of a licence under the Broadcasting Act 1990 or 1996, and

(b)   the British Broadcasting Corporation.

(6)     Regulations made under this section shall require the referendum
broadcasting adjudicator within one day of receipt of an allegation that a
broadcaster has breached the guidance on impartiality to determine
whether the guidance has been breached and publish its determination
and, where a breach has taken place, to require the broadcaster to remedy
the breach within one day.

(7)     Regulations made under this are to be made by statutory instrument which
is subject to annulment in pursuance of a resolution of either House of
Parliament.”

LORD WIGLEY

61C

Insert the following new Clause—

“Declaration of result

(1)     Following the count, the Chief Counting Officer shall declare whether the
result of the referendum is that a majority wish the United Kingdom to
leave the European Union.

(2)     The Chief Counting Officer may only declare that a majority wish the
United Kingdom to leave the European Union if—

(a)   a majority of total votes cast in the referendum in the United
Kingdom are in favour of the United Kingdom leaving the
European Union, and

(b)   a majority of the votes cast in each of England, Wales, Scotland and
Northern Ireland are in favour of the United Kingdom leaving the
European Union.”

LORD FORSYTH OF DRUMLEAN

61D*

Insert the following new Clause—

“Agreement on purdah between the Government and the European Union
institutions

The 2000 Act has effect for the purposes of the referendum as if there were
inserted after section 125—

“125A           Agreement between the Government and the European Union
institutions

(1)     The Secretary of State shall seek to conclude an agreement between
the Government and the institutions of the European Union, to the
effect that the institutions will voluntarily abide by the provisions
of section 125 in relation to the referendum to be held under section
1 of the European Union Referendum Act 2015.

(2)     The Secretary of State shall lay before each House of Parliament a
copy of any agreement concluded under subsection (1).””

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 3rd November 2015