The referendum

1 The referendum

(1) A referendum is to be held on whether the United Kingdom should remain a
member of the European Union.

(2) 5The Secretary of State must, by regulations, appoint the day on which the
referendum is to be held.

(3) The day appointed under subsection (2)—

(a) must be no later than 31 December 2017,

(b) must not be 5 May 2016, and

(c) 10must not be 4 May 2017.

(4) The question that is to appear on the ballot papers is—

• “Should the United Kingdom remain a member of the European Union or leave
  the European Union?”

(5) The alternative answers to that question that are to appear on the ballot papers
15are—

• “Remain a member of the European Union

• Leave the European Union”.

(6) In Wales, there must also appear on the ballot papers—

(a) the following Welsh version of the question—

• 20“A ddylai’r Deyrnas Unedig aros yn aelod o’r Undeb Ewropeaidd neu
  adael yr Undeb Ewropeaidd?” and

(b) the following Welsh versions of the alternative answers—

• “Aros yn aelod o’r Undeb Ewropeaidd

• Gadael yr Undeb Ewropeaidd”.

2 Entitlement to vote in the referendum

(1) 5Those entitled to vote in the referendum are—

(a) the persons who, on the date of the referendum, would be entitled to
vote as electors at a parliamentary election in any constituency,

(b) the persons who, on that date, are disqualified by reason of being peers
from voting as electors at parliamentary elections but—

(i) 10would be entitled to vote as electors at a local government
election in any electoral area in Great Britain,

(ii) would be entitled to vote as electors at a local election in any
district electoral area in Northern Ireland, or

(iii) would be entitled to vote as electors at a European
15Parliamentary election in any electoral region by virtue of
section 3 of the Representation of the People Act 1985 (peers
resident outside the United Kingdom), and

(c) the persons who, on the date of the referendum—

(i) would be entitled to vote in Gibraltar as electors at a European
20Parliamentary election in the combined electoral region in
which Gibraltar is comprised, and

(ii) fall within subsection (2).

(2) A person falls within this subsection if the person is either—

(a) a Commonwealth citizen, or

(b) 25a citizen of the Republic of Ireland.

(3) In subsection (1)(b)(i) “local government election” includes a municipal
election in the City of London (that is, an election to the office of mayor,
alderman, common councilman or sheriff and also the election of any officer
elected by the mayor, aldermen and liverymen in common hall).

3 30Further provision about the referendum

Part 7 of the 2000 Act (general provision about referendums) applies to the
referendum but see also—

(a) Schedules 1 and 2 (which make, in relation to the referendum, further
provision about campaigning and financial controls, including
35provision modifying Part 7 of the 2000 Act), and

(b) Schedule 3 (which makes further provision about the referendum,
including provision modifying Part 7 of the 2000 Act).

4 Conduct regulations, etc

(1) The Minister may by regulations—

(a) 40make provision about voting in the referendum and otherwise about
the conduct of the referendum, which may include provision
corresponding to any provision of Schedules 2 and 3 to the 2011 Act
(with or without modifications);

(b) apply for the purposes of the referendum, with or without
45modifications—

(i) any provision of the 1983 Act, or

(ii) any other enactment relating to elections or referendums,

including provisions creating offences;

(c) further modify the 2000 Act for the purposes of the referendum;

(d) 5modify or exclude any provision of any other enactment that applies to
the referendum.

(2) The Minister may by regulations make provision for and in connection with
the combination of the poll for the referendum with any one or more of the
following—

(a) 10the poll for any election specified in the regulations;

(b) the poll for any other referendum specified in the regulations.

Regulations under this subsection may amend or modify this Act or any other
enactment (but may not alter the date of the poll for any such election or other
referendum).

(3) 15The Minister may by regulations make such amendments or modifications of
this Act or any other enactment as appear to the Minister to be necessary
because the referendum is to be held in Gibraltar as well as the United
Kingdom.

(4) Regulations under this section may, in particular—

(a) 20make provision for disregarding alterations in a register of electors;

(b) make provision extending or applying to (or extending or applying
only to) Gibraltar or any part of the United Kingdom);

(c) make different provision for different purposes.

(5) Before making any regulations under this section, the Minister must consult
25the Electoral Commission.

(6) Consultation carried out before the commencement of this section is as
effective for the purposes of subsection (5) as consultation carried out after that
commencement.

5 Gibraltar

(1) 30Regulations under section 4 which extend to Gibraltar may extend and apply
to Gibraltar, with or without modifications, any enactment relating to
referendums or elections that applies in any part of the United Kingdom.

(2) The capacity (apart from this Act) of the Gibraltar legislature to make law for
Gibraltar is not affected by the existence of—

(a) 35section 4, or

(b) anything in any other provision of this Act which enables particular
provision to be made under section 4,

and in this Act “Gibraltar conduct law” means any provision of law made in
and for Gibraltar which corresponds to any provision that has been or could be
40made for any part of the United Kingdom by regulations under section 4.

(3) Subsection (2) does not affect the operation of the Colonial Laws Validity Act
1865 in relation to Gibraltar conduct law.

6 Power to modify section 125 of the 2000 Act

(1) In this section—

(a) “section 125” means section 125 of the 2000 Act (restriction on
publication etc of promotional material by central and local
government etc), as modified by paragraph ( ) of Schedule 1, and

(b) “section 125(2)” means subsection (2) of section 125 (which prevents
5material to which section 125 applies from being published by or on
behalf of certain persons and bodies during the 28 days ending with the
date of the poll).

(2) The Minister may by regulations make provision modifying section 125, for the
purposes of the referendum, so as to exclude from section 125(2) cases where—

(a) 10material is published—

(i) in a prescribed way, or

(ii) by a communication of a prescribed kind, and

(b) such other conditions as may be prescribed are met.

(3) The communications that may be prescribed under subsection (2)(a)(ii)
15include, in particular, oral communications and communications with the
media.

(4) Before making any regulations under this section, the Minister must consult
the Electoral Commission.

(5) Consultation carried out before the commencement of this section is as
20effective for the purposes of subsection (4) as consultation carried out after that
commencement.

(6) Any regulations under subsection (2) must be made not less than four months
before the date of the referendum.

(7) In this section—

• 25“prescribed” means prescribed by the regulations;

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

(8) This section does not affect the generality of section 4(1)(c).

Supplemental

7 Regulations

(1) 30Any power under this Act to make regulations, apart from the power of the
Electoral Commission under paragraph 13(10) of Schedule 3, is exercisable by
statutory instrument.

(2) Subject to subsection (3), a statutory instrument containing regulations under
this Act may not be made unless a draft of the instrument has been laid before,
35and approved by a resolution of, each House of Parliament.

(3) Subsection (2) does not apply to a statutory instrument containing only
regulations within subsection (4).

(4) Regulations within this subsection are any of the following—

(a) regulations under section 11;

(b) 40regulations under paragraph 9 of Schedule 1;

(c) regulations made by the Minister under paragraph 13 of Schedule 3.

(5) A statutory instrument containing only regulations under paragraph 9 of
Schedule 1 (or only such regulations and other regulations within subsection
(4)) is subject to annulment in pursuance of a resolution of either House of
Parliament.

(6) 5Regulations under this Act, other than regulations under section 11 or
paragraph 13 of Schedule 3, may contain supplemental, consequential,
incidental, transitional or saving provision.

(7) Section 26 of the Welsh Language Act 1993 (power to prescribe Welsh forms)
applies in relation to regulations under this Act as it applies in relation to Acts
10of Parliament.

8 Financial provisions

(1) The following are to be paid out of money provided by Parliament—

(a) expenditure incurred under this Act by the Minister;

(b) any increase attributable to this Act in the sums payable under any
15other Act out of money so provided.

(2) There is to be paid into the Consolidated Fund any increase attributable to this
Act in the sums payable into that Fund under any other Act.

9 Definitions

(1) In this Act—

• 20“the 1983 Act” means the Representation of the People Act 1983;

• “the 2000 Act” means the Political Parties, Elections and Referendums Act
  2000;

• “the 2011 Act” means the Parliamentary Voting System and
  Constituencies Act 2011;

• 25“body”, without more, means a body corporate or any combination of
  persons or other unincorporated association;

• “Chief Counting Officer” means the Chief Counting Officer for the
  referendum (see section 128(2) of the 2000 Act);

• “conduct regulations” means regulations under section 4(1)(a);

• 30“counting officer” has the meaning given by paragraph 3 of Schedule 3;

• “designated organisation” means a person or body designated under
  section 108 of the 2000 Act (designation of organisations to whom
  assistance is available) in respect of the referendum;

• “document” means a document in whatever form;

• 35“enactment” includes—

  (a)

  any provision of an Act,

  (b)

  any provision of, or of any instrument made under, an Act of
  the Scottish Parliament,

  (c)

  any provision of, or of any instrument made under, Northern
  40Ireland legislation, and

  (d)

  any provision of subordinate legislation (within the meaning of
  the Interpretation Act 1978);

• “Gibraltar conduct law” has the meaning given by section 5(2);

• “the Gibraltar standard scale” means the standard scale set out in Part A
  45of Schedule 9 to the Criminal Procedure and Evidence Act;

European Union Referendum BillPage 6

• “the Minister” means the Secretary of State or the Chancellor of the Duchy
  of Lancaster;

• “permitted participant” means a person who, in relation to the
  referendum, is a permitted participant within the meaning given by
  5section 105(1) of the 2000 Act (as modified by paragraph 2 of Schedule
  1);

• “the referendum” means the referendum under section 1;

• “referendum expenses” has the meaning given by section 111 of the 2000
  Act (see also paragraph 15 of Schedule 1);

• 10“Regional Counting Officer” means an officer appointed under paragraph
  5(1) of Schedule 3;

• “registered party” and “minor party” have the same meaning as in the
  2000 Act (see section 160(1) of that Act);

• “registration officer” has the meaning given by section 8 of the 1983 Act;

• 15“responsible person”, in relation to a permitted participant, means the
  responsible person within the meaning given by section 105(2) of the
  2000 Act (as modified by paragraph 5 of Schedule 1);

• “voting area” has the meaning given by subsection (2).

(2) Each of the following, as it exists on the day of the referendum, is a “voting
20area” for the purposes of this Act—

(a) a district in England for which there is a district council;

(b) a county in England in which there are no districts with councils;

(c) a London borough;

(d) the City of London (including the Inner and Middle Temples);

(e) 25the Isles of Scilly;

(f) a county or county borough in Wales;

(g) a local government area in Scotland;

(h) Northern Ireland;

(i) Gibraltar.

(3) 30References in this Act to a named Act (with no date) are to the Gibraltar Act of
that name.

Final provisions

10 Extent

(1) This Act extends to the whole of the United Kingdom and to Gibraltar.

(2) 35For the purposes of the referendum, Part 7 of the 2000 Act (whose extent is set
out in section 163 of that Act) extends also to Gibraltar.

11 Commencement

(1) The following provisions come into force on the day on which this Act is
passed—

• 40sections 7 to 10;

• this section;

• section 12.

(2) The remaining provisions of this Act come into force on such day as the
Minister may by regulations appoint.

(3) Different days may be appointed for different purposes.

12 Short title

5This Act may be cited as the European Union Referendum Act 2015.

SCHEDULES

Section 3

SCHEDULE 1 Campaigning and financial controls

The referendum period

1 5For the purposes of Part 7 of the 2000 Act and this Schedule, the referendum
period for the referendum is such period as may be prescribed by
regulations made by the Minister.

Permitted participants

2 Section 105(1) of the 2000 Act (bodies and individuals who are “permitted
10participants” in relation to a referendum) has effect for the purposes of the
referendum as if for paragraph (b) there were substituted—

“(b) any of the following by whom a notification has been given
under section 106 in relation to the referendum, namely—

(i) any individual who is resident in the United
15Kingdom or registered in an electoral register as
defined by section 54(8);

(ii) any individual who is resident in Gibraltar or is a
Gibraltar elector;

(iii) any body falling within any of paragraphs (b) and (d)
20to (h) of section 54(2);

(iv) any body falling within any of paragraphs (b) and (d)
to (g) of section 54(2A);

(v) any body incorporated by Royal Charter which does
not fall within section 54(2);

(vi) 25any charitable incorporated organisation within the
meaning of Part 11 of the Charities Act 2011 or Part 11
of the Charities Act (Northern Ireland) 2008;

(vii) any Scottish charitable incorporated organisation
within the meaning of Chapter 7 of Part 1 of the
30Charities and Trustee Investment (Scotland) Act 2005
(asp 10);

(viii) any partnership constituted under the law of Scotland
which carries on business in the United Kingdom.””

Notifications and declarations for purpose of becoming permitted participant

3 (1) 35Section 106 of the 2000 Act (declarations and notifications relating to section
105) has effect for the purposes of the referendum with the following
modifications.

(2) Subsection (4)(b) has effect for those purposes as if after “54(2)” there were
inserted “or any of paragraphs (b) and (d) to (g) of section 54(2A)”.

(3) Subsection (4) has effect for those purposes as if after paragraph (b) there
were inserted—

“(c) 5if given by a body within any of sub-paragraphs (v) to (viii)
of section 105(1)(b), state—

(i) the details mentioned in subsection (4A), and

(ii) the name of the person or officer who will be
responsible for compliance on the part of the body
10with the provisions of Chapter 2,

and be signed by the body’s secretary or a person who acts in
a similar capacity in relation to the body.””

(4) For the purposes of the referendum the following subsection is to be treated
as inserted after subsection (4)—

“(4A) 15The details referred to in subsection (4)(c)(i) are—

(a) in the case of a body within section 105(1)(b)(v) (body
incorporated by Royal Charter)—

(i) the name of the body, and

(ii) the address of its main office in the United Kingdom;

(b) 20in the case of a body within section 105(1)(b)(vi) or (vii)
(charitable incorporated organisation)—

(i) the name of the body, and

(ii) the address of its principal office;

(c) in the case of a body within section 105(1)(b)(viii) (Scottish
25partnership)—

(i) the name of the body, and

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

(5) For the purposes of the referendum the following subsections are to be
treated as inserted after subsection (6)—

“(6A) 30A declaration or notification under this section must be accompanied
by a statement by the person who is the responsible person which—

(a) states that that person is willing to exercise, in relation to the
referendum, the functions conferred by and under this Act
and the European Union Referendum Act 2015 on the
35responsible person, and

(b) is signed by that person.

(6B) Subsection (6A) does not apply to a notification of alteration unless
the notification replaces a statement under subsection (2)(b) or
(4)(b)(ii) or (c)(ii).””

40Registration under section 107 of the 2000 Act

4 Where a statement under 106(6A) of the 2000 Act (treated as inserted by
paragraph 3 above) is given to the Electoral Commission with a declaration
or notification, the information that must be entered in the register under
section 107 of that Act in respect of the declaration or notification includes—

(a) 45the fact that the statement was made, and

(b) the name of the person who made it.