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Responsible person

5 Section 105(2) of the 2000 Act (meaning of “responsible person”) has effect
for the purposes of the referendum as if in paragraph (c) after “106(4)(b)(ii)”
there were inserted “or (c)(ii)”.

5Person may not be responsible for compliance for two or more permitted participants

6 (1) A person who is the responsible person for a permitted participant may not
give a notification under section 106(3) of the 2000 Act in relation to the
referendum.

(2) An individual who is a permitted participant ceases to be a permitted
10participant if he or she is the treasurer of a registered party (other than a
minor party) that becomes a permitted participant.

(3) The requirement in section 106(2)(b) or (4)(b)(ii) or (c)(ii) of the 2000 Act
(declaration or notification must state the name of the person who will be
responsible for compliance) is not complied with for the purposes of the
15referendum if the person whose name is stated—

(a) is already the responsible person for a permitted participant,

(b) is an individual who gives a notification under section 106(3) of that
Act at the same time, or

(c) is the person whose name is stated, in purported compliance with
20the requirement in section 106(2)(b) or (4)(b)(ii) or (c)(ii) of that Act,
in a notification given at the same time by another body.

(4) Where a registered party (other than a minor party) makes a declaration
under section 106 of the 2000 Act in relation to the referendum and the
treasurer of the party (“the treasurer”) is already the responsible person for
25a permitted participant (“the relevant participant”)—

(a) the treasurer ceases to be the responsible person for the relevant
participant at the end of the period of 14 days beginning with the day
on which (by reason of the declaration) the treasurer becomes the
responsible person for the party, and

(b) 30the relevant participant must, before the end of that period, give a
notice of alteration under section 106(5) of the 2000 Act stating the
name of the person who is to replace the treasurer as the responsible
person for the relevant participant.

(5) In sub-paragraphs (3) and (4)(b) “the person”, in relation to a body which is
35not a minor party, is to be read as “the person or officer”.

(6) In this paragraph “treasurer” has the same meaning as in the 2000 Act (see
160(1) of that Act), and section 25(6) of that Act (references to the treasurer
to be read in certain cases as references to the campaigns officer) applies for
the purposes of this paragraph as it applies for the purposes of Part 7 of that
40Act.

Unincorporated associations with offensive etc names

7 (1) This paragraph applies to a notification which, in relation to the referendum,
is given to the Electoral Commission under section 106(3) of the 2000 Act by
an unincorporated association falling within section 54(2)(h) or 54(2A)(g) of
45that Act.

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(2) A notification to which this paragraph applies is not to be treated for the
purposes of section 105 or 107 of the 2000 Act as having been given unless
the Electoral Commission have accepted the notification.

(3) As soon as reasonably practicable after receiving a notification to which this
5paragraph applies the Electoral Commission must decide whether or not to
accept the notification, and they must accept it unless in their opinion the
name of the association—

(a) is obscene or offensive, or

(b) includes words the publication of which would be likely to amount
10to the commission of an offence.

(4) As soon as reasonably practicable after deciding whether to accept the
notification the Electoral Commission must give written notice to the
association—

(a) stating whether they accept the notification, and

(b) 15if their decision is not to accept the notification, giving the reasons for
that decision.

8 (1) Where—

(a) a permitted participant is an unincorporated association falling
within section 54(2)(h) or 54(2A)(g) of the 2000 Act,

(b) 20the Electoral Commission is notified under section 106(5) of that Act
of a change of name of the association, and

(c) in the opinion of the Electoral Commission the new name is obscene
or offensive or includes words the publication of which would be
likely to amount to the commission of an offence,

25the Electoral Commission does not have to enter the new name in the
register under section 107 of that Act.

(2) If the Electoral Commission decide under this paragraph not to enter the
new name of an unincorporated association in that register, the Electoral
Commission—

(a) 30must as soon as reasonably practicable give written notice to the
association of that decision and the reasons for it, and

(b) in any case where they are required to make available for public
inspection a document that uses the association’s new name, may
replace that name in the document with the name that appears on the
35register in respect of the association.

(3) The fact that the association’s new name is not entered in the register does
not cause the association to cease to be a permitted participant.

Applying to become a designated organisation: period for making application

9 Subsections (2), (3) and (6) of section 109 of the 2000 Act (application by
40organisation for designation) have effect for the purposes of the referendum
as if the reference in subsection (2)(b) of that section to the first day of the
referendum period were a reference to the day prescribed under this
paragraph by regulations made by the Minister.

Grants to designated organisations may be paid in instalments

10 (1) 45This paragraph applies to a grant under section 110(2) of the 2000 Act (grants
to designated organisations) made in respect of the referendum.

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(2) The grant may be paid in whatever instalments the Electoral Commission
consider appropriate.

(3) Instalments may be withheld if the Electoral Commission are satisfied that
the designated organisation concerned has failed to comply with a condition
5imposed under section 110(3) of the 2000 Act.

(4) Section 110(2) of the 2000 Act, so far as it requires the grant to be of the same
amount in the case of each designated organisation, has effect in relation to
the referendum subject to sub-paragraph (3).

Assistance available to designated organisations

11 (1) 10Schedule 12 to the 2000 Act (assistance available to designated
organisations) has effect for the purposes of the referendum with the
following modifications.

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

(c) 15in Gibraltar, to a school the expense of maintaining which
is payable wholly or partly out of Gibraltar public funds or
out of any rate, or by a body whose expenses are so
payable.”

(3) Paragraph 2 has effect for those purposes as if after sub-paragraph (7) there
20were inserted—

(7A) A reference in this paragraph to an expense being payable out of
“Gibraltar public funds” is to the expense being payable by means
of—

(a) payments out of—

(i) 25the Gibraltar consolidated fund, or

(ii) monies voted by the Gibraltar Parliament, or

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

(4) Paragraph 3(2) has effect for those purposes as if after paragraph (b) there
30were inserted “or

(c) in the case of a school in Gibraltar, with the Gibraltar
Government Ministry of Education.”

(5) Paragraph 3(3) has effect for those purposes as if at the end there were
inserted “or, in the case of a school in Gibraltar, by the Government of
35Gibraltar”.

Referendum agents

12 (1) A permitted participant may, in relation to any voting area, appoint an
individual (who may be the responsible person) to be the permitted
participant’s referendum agent for that area.

(2) 40Regulations under section 4 may—

(a) confer functions on a referendum agent appointed under this
paragraph;

(b) make further provision (additional to the provision in paragraphs 13
and 14) in connection with referendum agents.

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13 (1) If a permitted participant appoints a referendum agent for a voting area, the
responsible person must give the counting officer for the area notification of
the name and home or business address of—

(a) the permitted participant, and

(b) 5the referendum agent.

(2) The notification must be given before noon on the 16th day before the date
of the poll, disregarding for this purpose—

(a) Saturdays and Sundays,

(b) Christmas Eve, Christmas Day, Good Friday and any other day that
10is a bank holiday under the Banking and Financial Dealings Act 1971
in any part of the United Kingdom,

(c) any day that is a bank or public holiday in Gibraltar under the
Banking and Financial Dealings Act and the Interpretation and
General Clauses Act, and

(d) 15any day appointed in any part of the United Kingdom or Gibraltar as
a day of public thanksgiving or mourning.

(3) The notification must be in writing and signed by the responsible person.

(4) The duties imposed on a responsible person by this paragraph may be
discharged by any person authorised in writing by the responsible person.

14 20If a counting officer is notified under paragraph 13 that a permitted
participant has appointed a referendum agent, the counting officer must as
soon as practicable give public notice of—

(a) the name and address of the referendum agent, and

(b) the name of the permitted participant.

25Referendum expenses: definition

15 (1) In relation to the referendum, expenses mentioned in sub-paragraph (2) are
not to be treated for any purpose of this Act or Part 7 of the 2000 Act as
referendum expenses.

(2) Those expenses are—

(a) 30expenses incurred in respect of the publication of any matter relating
to the referendum, other than an advertisement, in—

(i) a newspaper or periodical;

(ii) a broadcast made by the British Broadcasting Corporation,
Sianel Pedwar Cymru or the Gibraltar Broadcasting
35Corporation;

(iii) a programme included in any service licensed under Part 1 or
3 of the Broadcasting Act 1990 or Part 1 or 2 of the
Broadcasting Act 1996;

(b) expenses incurred in respect of, or in consequence of, the translation
40of anything from English into Welsh or from Welsh into English;

(c) reasonable expenses incurred that are reasonably attributable to an
individual’s disability;

(d) expenses incurred in providing for the protection of persons or
property at rallies or other public events.

(3) 45In sub-paragraph (2)(c) “disability” has the same meaning as in the Equality
Act 2010 (see section 6 of that Act).

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16 (1) In section 117(5) of the 2000 Act (certain expenditure incurred before the
referendum period treated as incurred during that period), the reference to
any time before the beginning of the referendum period is to be read for the
purposes of the referendum as including any time before the
5commencement of this Schedule.

(2) This paragraph has effect in relation to section 117(5) of the 2000 Act as it
applies for the purposes of section 117 of that Act and as applied by any
provision of that Act or of this Schedule.

Creditors’ rights

17 (1) 10This paragraph applies where—

(a) a contract is made, or an expense is incurred, in connection with the
referendum, and

(b) the contract or expense is in contravention of a relevant provision.

(2) In this paragraph a “relevant provision” means a provision of Part 7 of the
152000 Act which prohibits—

(a) payments or contracts for payments,

(b) the payment or incurring of referendum expenses in excess of the
maximum amount allowed by that Part, or

(c) the incurring of referendum expenses without the authority
20mentioned in section 113(1) of the 2000 Act.

(3) Nothing in any such provision affects the right of a creditor who, when the
contract was made or the expense was incurred, was ignorant of the fact that
the contract or expense was in contravention of the relevant provision.

Expenses incurred by persons acting in concert

18 (1) 25This paragraph applies where—

(a) referendum expenses are incurred by or on behalf of an individual or
body during the referendum period for the referendum, and

(b) those expenses are incurred in pursuance of a plan or other
arrangement by which referendum expenses are to be incurred by or
30on behalf of—

(i) that individual or body, and

(ii) one or more other individuals or bodies,

with a view to, or otherwise in connection with, promoting or
procuring a particular outcome in relation to the question asked in
35the referendum.

(2) The expenses mentioned in sub-paragraph (1)(a) are to be treated for the
purposes of—

(a) section 117 of the 2000 Act, and

(b) section 118 of and Schedule 14 to that Act,

40as having also been incurred during the referendum period by or on behalf
of the other individual or body (or, as the case may be, each of the other
individuals or bodies) mentioned in sub-paragraph (1)(b)(ii); but this is
subject to sub-paragraph (4).

(3) This paragraph applies whether or not any of the individuals or bodies in
45question is a permitted participant.

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(4) But if any of the individuals or bodies in question (“the persons involved”)
is or becomes a designated organisation, the following referendum expenses
are to be treated for the purposes of sections 117 and 118 of and Schedule 14
to the 2000 Act as having been incurred during the referendum period by or
5on behalf of the designated body only—

(a) any referendum expenses incurred during the referendum period by
or on behalf of the designated organisation;

(b) where any of the other persons involved is a permitted participant,
any referendum expenses incurred during the referendum period by
10or on behalf of that permitted participant;

(c) where any of the other persons involved is an individual or body
which is not a permitted participant but is below the expenses
threshold, any referendum expenses incurred during the
referendum period by or on behalf of that individual or body.

(5) 15For the purposes of this paragraph an individual or body is “below the
expenses threshold” if the total of the referendum expenses incurred during
the referendum period by or on behalf of the individual or body does not
exceed £10,000.

(6) For the purposes of this paragraph—

(a) 20section 112 of the 2000 Act (notional referendum expenses) applies as
it applies for the purposes of Part 7 of that Act,

(b) section 113(3) of the 2000 Act (expenses incurred in contravention of
section 113(1)) applies as it applies for the purposes of sections 117 to
123 of that Act, and

(c) 25subsections (5) and (6) of section 117 of the 2000 Act (certain
expenditure incurred before the referendum period) apply as they
apply for the purposes of that section.

(7) In this paragraph any reference to referendum expenses incurred by or on
behalf of a designated organisation, or a permitted participant, during the
30referendum period includes referendum expenses incurred during that
period before the person by or on whose behalf the expenses were incurred
became a designated organisation or, as the case may be, permitted
participant.

19 (1) Section 120 of the 2000 Act (returns in respect of referendum expenses and
35donations) has effect for the purposes of the referendum with the following
modifications (as well as with the modification in paragraph 2(1) of
Schedule 2 to this Act).

(2) Subsection (2) has effect for the purposes of the referendum as if the “and”
after paragraph (c) were omitted and as if after paragraph (c) there were
40inserted—

(ca) a declaration under subsection (4A);

(cb) a declaration under subsection (4B); and”.

(3) Subsection (4) has effect for those purposes as if for “(2)” there were
substituted “(2)(a) to (c)”.

(4) 45For the purposes of the referendum the following subsections are to be
treated as inserted after subsection (4)—

(4A) For the purposes of subsection (2)(ca), a declaration under this
subsection is a declaration of—

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(a) whether there are any referendum expenses, incurred by or
on behalf of an individual or body other than the permitted
participant to which the return under this section relates, that
must under paragraph 18 of Schedule 1 to the European
5Union Referendum Act 2015 be treated as having been
incurred during the referendum period by or on behalf of the
permitted participant; and

(b) if so, in the case of each individual or body concerned, its
name and the amount of referendum expenses incurred by or
10on its behalf that must be treated as mentioned in paragraph
(a).

(4B) For the purposes of subsection (2)(cb), a declaration under this
subsection is a declaration of—

(a) whether there are any referendum expenses incurred by or
15on behalf of the permitted participant that must under
paragraph 18 of Schedule 1 to the European Union
Referendum Act 2015 be treated as having been incurred
during the referendum period by or on behalf of another
individual or body; and

(b) 20if so, in the case of each such individual or body, its name and
the amount of referendum expenses incurred by or on behalf
of the permitted participant that must be treated as having
been incurred during the referendum period by or on behalf
of that individual or body.

(4C) 25The reference in subsection (4B) to referendum expenses incurred by
or on behalf of the permitted participant includes referendum
expenses incurred before the person by or on whose behalf the
expenses were incurred became a permitted participant.

(4D) Any reference in subsection (4A) or (4B) to referendum expenses that
30must be treated under paragraph 18 of Schedule 1 to the European
Union Referendum Act 2015 as having been incurred during the
referendum period by or on behalf of a particular person includes—

(a) referendum expenses that under that paragraph must be
treated as having been incurred by or on behalf of that person
35only; and

(b) referendum expenses that, under that paragraph, must be
treated as having also been incurred by or on behalf of that
person.

(4E) Any reference in subsection (4A)(b) or (4B)(b) to the name of an
40individual or body is to be read, where the individual or body is a
permitted participant, as a reference to the name under which that
permitted participant is registered in the register under section 107.”

Restriction on making claims in respect of referendum expenses

20 Section 115(7) of the 2000 Act (which applies subsections (7) to (10) of section
4577 of that Act) has effect for the purposes of the referendum as if for “(10)”
there were substituted “(12)”.

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Limits on referendum expenses by permitted participants

21 (1) In Schedule 14 to the 2000 Act (limits on referendum expenses by permitted
participants), any reference to a referendum falling within section 101(1)(a)
includes a reference to the referendum.

(2) 5Paragraph 1(2) of that Schedule (limit on expenses incurred by permitted
participants during referendum period) has effect for the purposes of the
referendum as if—

(a) in paragraph (a) (designated organisations) for “£5 million” there
were substituted “£7 million”,

(b) 10in paragraph (b) (registered parties that are not designated
organisations)—

(i) in sub-paragraph (i) for “£5 million” there were substituted
“£7 million”,

(ii) in sub-paragraph (ii) for “£4 million” there were substituted
15“£5.5 million”,

(iii) in sub-paragraph (iii) for “£3 million” there were substituted
“£4 million”,

(iv) in sub-paragraph (iv) for “£2 million” there were substituted
“£3 million”, and

(v) 20in sub-paragraph (v) for “£500,000” there were substituted
“£700,000”, and

(c) in paragraph (c) (certain other persons and bodies) for “£500,000”
there were substituted “£700,000”.

Permissible donors: donations to registered parties other than minor parties

22 (1) 25This paragraph applies in relation to a donation received by a permitted
participant if—

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

(b) the donation is received from a person (“the donor”) who in relation
30to that donation is not a permissible donor for the purposes of Part 4
of the 2000 Act by virtue of section 54 of that Act,

(c) the donor is a person within sub-paragraph (3), and

(d) the donation is received by the party within the referendum period.

(2) In relation to that donation, the donor is to be regarded for the purposes of
35Part 4 of the 2000 Act as a permissible donor.

(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) 40a 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) 45a Scottish charitable incorporated organisation within the meaning
of Chapter 7 of Part 1 of the Charities and Trustee Investment
(Scotland) Act 2005 (asp 10)2005 (asp 10);

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

(4) In this paragraph—

(a) “donation” has the same meaning as in section 54 of the 2000 Act (see
5section 50 of that Act);

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

23 Where paragraph 22 applies in relation to a donation received by a
permitted participant, paragraph 2 of Schedule 6 to the 2000 Act (details to
10be given in donation reports) has effect as if—

(a) in sub-paragraph (1)(a) 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 22(3)(c) of Schedule
151 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) 20In the case of a body within paragraph 22(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) 25In the case of a body within paragraph 22(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.”

30Permissible donors: donations to minor parties and to persons who are not parties

24 Paragraph 1 of Schedule 15 to the 2000 Act (control of donations to permitted
participants: operation and interpretation of Schedule) has effect for the
purposes of the referendum as if the following sub-paragraphs were
substituted for sub-paragraph (6)—

(6) 35In relation to donations received by a permitted participant other
than a designated organisation—

(a) references to a permissible donor falling within section
54(2), and

(b) references to a person within paragraph 6(1A) of this
40Schedule,

do not include a registered party and do not include a political
party which is not a registered party but is established in
Gibraltar.

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(7) Sub-paragraph (6) applies also to references to a permissible
donor, and references to a person within paragraph 6(1A) of this
Schedule, in sections 56 and 61 as applied by paragraphs 7 and 8
of this Schedule.”

25 (1) 5Paragraph 6 of Schedule 15 to the 2000 Act (prohibition on accepting
donations from persons who are not permissible donors) has effect for the
purposes of the referendum with the following modifications.

(2) Sub-paragraph (1)(a) has effect for those purposes as if after “a permissible
donor falling within section 54(2)” there were inserted “or a person within
10sub-paragraph (1A)”.

(3) For the purposes of the referendum the following sub-paragraph is to be
treated as inserted after sub-paragraph (1)—

(1A) The persons within this sub-paragraph are—

(a) a Gibraltar elector;

(b) 15a body falling within any of paragraphs (b) to (g) of section
54(2A);

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

(d) a charitable incorporated organisation within the meaning
20of 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)2005 (asp 10);

(f) 25a partnership constituted under the law of Scotland which
carries on business in the United Kingdom.”

(4) Sub-paragraph (3) has effect for those purposes as if after “exempt trust
donation” there were inserted “or exempt Gibraltar trust donation”.

(5) Sub-paragraph (4) has effect for those purposes as if—

(a) 30in paragraph (a) after “exempt trust donation” there were inserted
“or exempt Gibraltar trust donation”,

(b) in paragraph (b)(i) after “permissible donors falling within section
54(2)” there were inserted “or persons within sub-paragraph (1A)”,

(c) in paragraph (b)(ii) after “such a permissible donor” there were
35inserted “or such a person”, and

(d) after “not such a permissible donor” there were inserted “and is not
within sub-paragraph (1A)”.

(6) For the purposes of the referendum the following sub-paragraph is to be
treated as inserted after sub-paragraph (8)—

(9) 40In relation to a relevant donation in the form of a bequest sub-
paragraph (1A)(a) is to be read as referring to an individual who
was, at any time within the period of five years ending with the
date of the individual’s death, a Gibraltar elector.”

Acceptance or return of donations

26 45Paragraph 7(2) of Schedule 15 to the 2000 Act (application of sections 56 to
60 of the 2000 Act) has effect for the purposes of the referendum as if before