European Union Referendum Bill (HL Bill 60)

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Part 5 Supplemental
Non-disclosure with intent to conceal

21 (1) This paragraph applies where, on an application made by the
5Commission, the court is satisfied that any failure to comply with
a requirement of Part 4 of this Schedule in relation to—

(a) any transaction entered into by the permitted participant,
or

(b) any change made to a transaction to which the permitted
10participant is a party,

was attributable to an intention on the part of any person to
conceal the existence or true value of the transaction.

(2) The court may make such order as it thinks fit to restore (so far as
is possible) the parties to the transaction to the position they
15would have been in if the transaction had not been entered into.

(3) An order under this paragraph may in particular—

(a) where the transaction is a loan or credit facility, require
that any amount owed by the permitted participant be
repaid (and that no further sums be advanced under it);

(b) 20where any form of security is given for a sum owed under
the transaction, or the transaction is an arrangement by
which any form of security is given, require that the
security be discharged.

Proceedings under paragraphs 5 and 21

22 (1) 25This paragraph has effect in relation to proceedings on an
application under paragraph 5(4) or 21.

(2) The court referred to in paragraphs 5(4) and 21 is—

(a) in England and Wales or Northern Ireland, the county
court;

(b) 30in Gibraltar, the Gibraltar court.

In Scotland, the court is the sheriff and the proceedings are civil
proceedings.

(3) The standard of proof is that applicable to civil proceedings.

(4) An order may be made whether or not proceedings are brought
35against any person for an offence under this Schedule or section
123.

(5) An appeal against an order made by the sheriff may be made to
the Court of Session.

(6) Rules of court in any part of the United Kingdom may make
40provision—

(a) with respect to applications or appeals from proceedings
on such applications;

(b) for the giving of notice of such applications or appeals to
persons affected;

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(c) for the joinder, or in Scotland sisting, of such persons as
parties;

(d) generally with respect to procedure in such applications or
appeals.

(7) 5Sub-paragraph (6) does not affect any existing power to make
rules.

Interpretation of provisions relating to reporting of transactions

23 For the purposes of any provision of this Schedule relating to the
reporting of transactions, anything required to be done by a
10permitted participant in consequence of the participant’s being a
party to a regulated transaction must also be done by the
participant, if the participant is a party to a transaction of a
description mentioned in paragraph 2(3)(a), as if the participant
were a party to the connected transaction.”

15Further modifications of Part 7 of 2000 Act relating to loans etc

2 (1) Section 120 of the 2000 Act (returns in respect of referendum expenses and
donations) has effect in relation to the referendum as if at the end of
subsection (2)(d) there were inserted “and a statement of regulated
transactions entered into in respect of the referendum which complies with
20the requirements of paragraphs 16 to 20 of Schedule 15A”.

(2) Section 123 of the 2000 Act (declaration of responsible person as to return
under section 120) has effect in relation to the referendum as if after
subsection (3) (as modified by Schedule 1) there were inserted—

(3A) In a case where the permitted participant either is not a registered
25party or is a minor party, the declaration must also, in relation to all
regulated transactions recorded in the return as having been entered
into by the permitted participant—

(a) state that none of the transactions was made void by
paragraph 5(2) or (6) or 6(3) of Schedule 15A, or

(b) 30state whether or not paragraph 5(3)(a) of that Schedule was
complied with in the case of each of the transactions that was
made void by paragraph 5(2) or (6) of that Schedule.”

(3) Section 124 of the 2000 Act (public inspection of returns under section 120)
has effect in relation to the referendum as if after subsection (2) there were
35inserted—

(2A) If the return contains a statement of regulated transactions in
accordance with section 120(2)(d), the Commission shall secure that
the copy of the statement made available for public inspection does
not include, in the case of a transaction entered into by the permitted
40participant with an individual, the individual’s address.”

(4) For the purposes of the referendum, the following provisions of Schedule 15
to the 2000 Act are to be treated as omitted—

(a) paragraph 2(1)(d),

(b) in paragraph 2(3)—

(i) 45paragraph (a), and

(ii) the words “the loan or”, and

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(c) in paragraph 5(4)—

(i) the words “(d) or”,

(ii) in paragraph (a) the words “the loan or”, and

(iii) paragraph (a)(i).

5Accordingly, paragraph 2(3)(b) of that Schedule has effect for the purposes
of the referendum as if for “such terms” there were substituted “commercial
terms”.

(5) Paragraph 10 of Schedule 15 to the 2000 Act, which is modified by paragraph
28 of Schedule 1, also has effect in relation to the referendum as if for
10paragraph (b) of sub-paragraph (2) there were substituted—

(b) the value of it and any other relevant benefit or benefits is
more than that amount; and “relevant benefit” here means
any relevant donation or regulated transaction (within the
meaning of Schedule 15A) made by, or entered into with,
15the person who made the donation.”

(6) Paragraph 1 of Schedule 19A to the 2000 Act (requirement to notify
Commission of certain political contributions) has effect in relation to the
referendum as if—

(a) in sub-paragraph (2) after paragraph (f) there were inserted—

(fa) 20it makes a loan of money to a permitted participant,
or discharges (to any extent) a liability of a
permitted participant, in pursuance of a regulated
transaction (within the meaning of Schedule
15A);”, and

(b) 25in sub-paragraph (5)(e) for “sub-paragraph (2)(b) or (d)” there were
substituted “sub-paragraph (2)(b), (d) or (fa)”.

(7) Schedule 19C to the 2000 Act (civil sanctions), and any order under Part 5 of
that Schedule, have effect as if offences under paragraphs 8 to 11 of the
Schedule treated as inserted by paragraph 1 above were offences prescribed
30in an order under that Part.

(8) Nothing in sub-paragraph (6) or (7) (read with section 10) is to be taken to
mean that Schedule 19A or 19C of the 2000 Act extends or applies to
Gibraltar for the purposes of the referendum.

Transactions entered into before commencement: operation of paragraphs 1 and 2

3 (1) 35In this paragraph and paragraph 4 “Schedule 15A” means the Schedule
treated as inserted by paragraph 1.

(2) The following provisions of Schedule 15A—

(a) paragraphs 1 and 3, and

(b) Parts 4 and 5, except paragraph 17(b),

40apply to a relevant varied transaction as they apply to a regulated
transaction within the meaning of Schedule 15A.

(3) Accordingly, any reference to a regulated transaction in a provision of the
2000 Act modified by paragraph 2 of this Schedule includes a relevant varied
transaction.

(4) 45For the purposes of this paragraph and paragraph 4 a transaction is a
“relevant varied transaction” if—

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(a) the transaction was entered into, before or after the commencement
of this Schedule, by a person who after entering into the transaction
became a permitted participant,

(b) the transaction would have been a regulated transaction within the
5meaning given by paragraph 2 of Schedule 15A if at the time when
that person entered into the transaction—

(i) that person had been a permitted participant, and

(ii) the use condition mentioned in paragraph 2(5) of Schedule
15A had been satisfied (if it was not in fact satisfied at the
10time the transaction was entered into),

(c) at a time after the commencement of this Schedule, and after that
person became a permitted participant, the terms of that transaction
were varied so as to increase the amount of money or benefit to
which the permitted participant is entitled in consequence of the
15transaction, and

(d) at the time of that variation, the permitted participant intends to use
any money or benefit obtained in consequence of the transaction for
meeting referendum expenses incurred by or on behalf of the
permitted participant.

(5) 20For the purposes of sub-paragraph (4)(d) it is immaterial whether only part
of the money or benefit is intended to be used as mentioned there.

(6) In this paragraph “permitted participant” has the same meaning as it has in
Schedule 15A (see paragraph 1(2) of that Schedule).

(7) In sub-paragraph (4)—

(a) 25the reference in paragraph (a) to a person who after entering into the
transaction became a permitted participant includes an officer,
member, trustee or agent of any such person, and

(b) in relation to a case where such an officer, member, trustee or agent
entered into the transaction, the references in paragraphs (b)(i) and
30(c) to “that person” are to be read as references to the person for
whom the person who entered into the agreement is an officer,
member, trustee or agent.

4 Parts 2 and 3 of Schedule 15A do not apply to a relevant varied transaction
(or to any other transaction which was entered into before the
35commencement of this Schedule or before a party to the transaction became
a permitted participant).

Reporting of regulated transactions during referendum period

5 (1) In this paragraph references to a permitted participant are to a permitted
participant which either is not a registered party or is a minor party.

(2) 40In relation to the referendum, the responsible person in relation to a
permitted participant must prepare reports under this paragraph in respect
of such periods ending before the date of the poll for the referendum as may
be prescribed by regulations made by the Minister.

(3) The report for a period must record, in relation to each regulated transaction
45having a value exceeding £7,500 which is entered into by the permitted
participant during the period—

(a) the same information about the transaction as would be required by
paragraph 18 of the Schedule treated as inserted by paragraph 1

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above (“Schedule 15A”) to be recorded in the statement referred to in
paragraph 15 of that Schedule,

(b) in relation to a transaction to which a qualifying person is a party, the
information about each qualifying person which is, in connection
5with recordable transactions entered into by registered parties,
required to be recorded in weekly transaction reports by paragraph
3 of Schedule 6A to the 2000 Act, and

(c) in relation to a transaction to which a person who is not a qualifying
person is a party, the information referred to in paragraph 17 of
10Schedule 15A.

(4) If during any period no regulated transactions having a value exceeding
£7,500 were entered into by the permitted participant, the report for the
period must contain a statement of that fact.

(5) A report under this paragraph in respect of a period must be delivered by
15the responsible person to the Electoral Commission within such time as may
be prescribed by regulations made by the Minister.

(6) If, in relation to a regulated transaction entered into with an individual who
has an anonymous entry in an electoral register, a report under this
paragraph contains a statement that the permitted participant has seen
20evidence that the individual has such an anonymous entry, the report must
be accompanied by a copy of the evidence.

(7) If a period for which a report under this paragraph must be prepared (“the
reporting period”) begins before the start of the referendum period, a
regulated transaction entered into by a permitted participant—

(a) 25during the reporting period, but

(b) before the start of the referendum period,

is to be treated for the purposes of sub-paragraphs (3) and (4) as entered into
during the reporting period only if any money or benefit obtained in
consequence of the transaction is to be used for meeting referendum
30expenses to be incurred by the permitted participant during the referendum
period.

(8) The Minister may by regulations modify the operation of sub-paragraphs (2)
to (4) in relation to cases where an individual or body becomes a permitted
participant during a period prescribed under sub-paragraph (2).

(9) 35Regulations under sub-paragraph (5) or (8) may make different provision
for different cases.

(10) The responsible person commits an offence if, without reasonable excuse,
that person—

(a) fails to comply with the requirements of sub-paragraph (5) in
40relation to a report under this paragraph, or

(b) delivers a report to the Electoral Commission that does not comply
with the requirements of sub-paragraph (3), (4) or (6).

(11) A person guilty of an offence under sub-paragraph (10)(a) is liable—

(a) on summary conviction in England and Wales, to a fine;

(b) 45on summary conviction in Scotland or Northern Ireland, to a fine not
exceeding level 5 on the standard scale;

(c) on summary conviction in Gibraltar, to a fine not exceeding level 5
on the Gibraltar standard scale.

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(12) A person guilty of an offence under sub-paragraph (10)(b) is liable—

(a) on conviction on indictment, to imprisonment for a term not
exceeding 12 months or to a fine, or to both;

(b) on summary conviction in England and Wales, to imprisonment for
5a term not exceeding 12 months or to a fine, or to both;

(c) on summary conviction in Scotland, to imprisonment for a term not
exceeding 12 months or to a fine not exceeding the statutory
maximum, or to both;

(d) on summary conviction in Northern Ireland, to imprisonment for a
10term not exceeding 6 months or to a fine not exceeding the statutory
maximum, or to both;

(e) on summary conviction in Gibraltar, to imprisonment for a term not
exceeding 12 months or to a fine not exceeding level 5 on the
Gibraltar standard scale, or to both.

(13) 15The reference in sub-paragraph (12)(b) to 12 months is to be read as a
reference to 6 months in relation to an offence committed before the
commencement of section 154(1) of the Criminal Justice Act 2003.

(14) In this paragraph—

(a) “electoral register” means—

(i) 20an electoral register as defined by 54(8) of the 2000 Act, or

(ii) the Gibraltar register as defined by section 14 of the European
Parliament (Representation) Act 2003,

(b) “referendum period” has the same meaning as in Schedule 1 (see
paragraph 1 of that Schedule),

(c) 25“regulated transaction” has the same meaning as in the Schedule
treated as inserted by paragraph 1 above, and

(d) references to a regulated transaction entered into by a permitted
participant include any transaction entered into at a time before the
individual or body concerned became a permitted participant, if the
30transaction would have been a regulated transaction had the
individual or body been a permitted participant at that time.

Declaration of responsible person as to reports under paragraph 5

6 (1) Each report delivered under paragraph 5 must be accompanied by a
declaration which complies with sub-paragraph (2) and is signed by the
35responsible person.

(2) The declaration must state—

(a) that the responsible person has examined the report, and

(b) that to the best of the responsible person’s knowledge and belief, it
is a complete and correct report as required by law.

(3) 40A person commits an offence if—

(a) the person knowingly or recklessly makes a false declaration under
this paragraph, or

(b) sub-paragraph (1) is contravened at a time when the person is the
responsible person in the case of the permitted participant to which
45the report relates.

(4) A person guilty of an offence under sub-paragraph (3) is liable—

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(a) on conviction on indictment, to imprisonment for a term not
exceeding 12 months or to a fine, or to both;

(b) on summary conviction in England and Wales, to imprisonment for
a term not exceeding 12 months or to a fine, or to both;

(c) 5on summary conviction in Scotland, to imprisonment for a term not
exceeding 12 months or to a fine not exceeding the statutory
maximum, or to both;

(d) on summary conviction in Northern Ireland, to imprisonment for a
term not exceeding 6 months or to a fine not exceeding the statutory
10maximum, or to both;

(e) on summary conviction in Gibraltar, to imprisonment for a term not
exceeding 12 months or to a fine not exceeding level 5 on the
Gibraltar standard scale, or to both.

(5) The reference in sub-paragraph (4)(b) to 12 months is to be read as a
15reference to 6 months in relation to an offence committed before the
commencement of section 154(1) of the Criminal Justice Act 2003.

Public inspection of reports under paragraph 5

7 (1) Where the Electoral Commission receive a report under paragraph 5 they
must—

(a) 20as soon as is reasonably practicable after receiving the report, make
a copy of the report and of any document accompanying it available
for public inspection, and

(b) keep any such copy available for public inspection for the period for
which the report or other document is held by them.

(2) 25The Electoral Commission must secure that the copy of the report made
available for public inspection does not include, in the case of any
transaction entered into by the permitted participant with an individual, the
individual’s address.

(3) At the end of the period of two years beginning with the date when any
30report under paragraph 5 or other document accompanying it is received by
the Electoral Commission—

(a) they may cause the report or other document to be destroyed, or

(b) if requested to do so by the responsible person in the case of the
permitted participant concerned, they must arrange for the report or
35other document to be returned to that person.

8 Section 149(2) to (5) and (7) of the 2000 Act (inspection of Commission’s
documents) apply in relation to reports and documents which the Electoral
Commission are required to make available for public inspection under
paragraph 7 as they apply to the documents which the Electoral
40Commission are required to make available for public inspection by virtue
of the provisions of the 2000 Act mentioned in section 149(6) of that Act.

Enforcement

9 (1) Section 145(1)(a) and (6A) of the 2000 Act (general functions of Electoral
Commission with respect to compliance) apply in relation to the
45requirements imposed by this Schedule as they apply in relation to the
requirements referred to in section 145(1)(a).

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(2) In section 148 of the 2000 Act (general offences), the references in each of
subsections (1) to (3) to any of the provisions of that Act include any of the
provisions of this Schedule.

(3) Sections 151 and 154 of the 2000 Act (summary proceedings, and duty of
5court to report conviction to Electoral Commission) apply in relation to an
offence under this Schedule as they apply in relation to an offence under that
Act.

(4) In paragraphs 3 to 5 of Schedule 19B to the 2000 Act (powers of Electoral
Commission in relation to suspected offences or contraventions)—

(a) 10the references to an offence under that Act include an offence under
this Schedule, and

(b) the references to a restriction or other requirement imposed by or by
virtue of that Act include a requirement or restriction imposed by or
by virtue of this Schedule.

(5) 15Schedule 19C to the 2000 Act (civil sanctions), and any order under Part 5 of
that Schedule, have effect as if any reference in that Schedule to an offence
under the 2000 Act, or to a prescribed offence under that Act, included a
reference to an offence under paragraph 5(10) of this Schedule.

(6) Nothing in sub-paragraph (4) or (5) (read with section 10) is to be taken to
20mean that Schedule 19B or 19C of the 2000 Act extends or applies to
Gibraltar for the purposes of the referendum.

Section 3

SCHEDULE 3 Further provision about the referendum

Interpretation

1 25In this Schedule a reference to functions includes functions conferred by any
provision of law made in and for Gibraltar.

Appointment of Chief Counting Officer

2 (1) Section 128 of the 2000 Act (Chief Counting Officers, and counting officers,
for referendums) has effect for the purposes of the referendum with the
30following modifications.

(2) Subsection (2) has effect for those purposes as if—

(a) the words “(subject to subsection (8))” were omitted, and

(b) in paragraph (b), after “appoints” there were inserted “in writing”.

(3)
For the purposes of the referendum subsection (8) is to be treated as omitted.

(4) 35See also paragraphs 4 and 6 (which contain additional modifications of
section 128 of the 2000 Act for the purposes of the referendum).

Counting officers

3 (1) This paragraph applies to determine, for the purposes of the referendum,
who is a counting officer in relation to a voting area.

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(2) The counting officer for a voting area that is—

(a) a district in England,

(b) a county in England, or

(c) a London borough,

5is the person who, by virtue of section 35 of the 1983 Act, is the returning
officer for elections of councillors of the district, county or borough.

(3) The counting officer for the City of London voting area is the person who,
by virtue of that section, is the returning officer for elections of councillors of
the London borough of Westminster.

(4) 10The counting officer for the Isles of Scilly voting area is the person who, by
virtue of that section, is the returning officer for elections to the Council of
the Isles of Scilly.

(5) The counting officer for a voting area that is a county or a county borough in
Wales is the person who, by virtue of that section, is the returning officer for
15elections of councillors of the county or county borough.

(6) The counting officer for a voting area that is a local government area in
Scotland is the person who, by virtue of section 41 of the 1983 Act, is the
returning officer for elections of councillors of the local government area.

(7) The counting officer for the Northern Ireland voting area is the Chief
20Electoral Officer for Northern Ireland.

(8) The counting officer for the Gibraltar voting area is the Clerk to the Gibraltar
Parliament.

4 (1) Accordingly, section 128 of the 2000 Act (Chief Counting Officers, and
counting officers, for referendums) has effect for the purposes of the
25referendum with the following modifications.

(2) For the purposes of the referendum subsection (3) is to be treated as omitted.

(3) Subsection (5) has effect for the purposes of the referendum as if for the
words “the area for which he is appointed” there were substituted “the
voting area for which the counting officer acts”.

(4) 30Subsection (9) has effect for the purposes of the referendum as if—

(a) for paragraph (a) there were substituted—

(a) “voting area” has the meaning given by section 9 of
the European Union Referendum Act 2015;”,

(b) paragraph (b) were omitted, and

(c) 35for paragraph (c) there were substituted—

(c) “the referendum area” means the United Kingdom
and Gibraltar.”

Regional Counting Officers

5 (1) For the purposes of the referendum, the Chief Counting Officer may appoint
40a Regional Counting Officer for any of the following regions—

  • East Midlands;

  • Eastern;

  • London;

  • North East;

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  • North West;

  • South East;

  • South West and Gibraltar;

  • West Midlands;

  • 5Yorkshire and the Humber;

  • Scotland;

  • Wales.

(2) Where—

(a) a region mentioned in sub-paragraph (1) (a “listed region”), and

(b) 10a region mentioned in the Table in Schedule 1 to the European
Parliamentary Elections Act 2002 (an “electoral region”),

have the same name, the listed region comprises the areas specified in
relation to that electoral region in that Table as they are for the time being.

(3) The South West and Gibraltar region mentioned in sub-paragraph (1)
15comprises the areas specified in relation to the South West region in that
Table as they are for the time being.

(4) In determining for the purposes of sub-paragraph (2) or (3) what the areas
are that are specified in that Table, paragraph 2(2) of Schedule 1 to the
European Parliamentary Elections Act 2002 is to be ignored.

20Assistance to counting officers etc

6 (1) A local authority whose area forms a particular voting area must place the
services of their officers at the disposal of—

(a) the counting officer for the voting area, and

(b) the Regional Counting Officer (if any) appointed for the region that
25includes the voting area,

for the purpose of assisting the officer in the discharge of his or her
functions.

(2) In this paragraph “local authority”—

(a) in the case of a voting area that is a district or county in England, or
30a London borough, means the council for that district, county or
borough;

(b) in the case of the City of London voting area, means the Common
Council of the City of London;

(c) in the case of the Isles of Scilly voting area, means the Council of the
35Isles of Scilly;

(d) in the case of a voting area in Wales, means the council of the county
or county borough;

(e) in the case of a voting area in Scotland, means the council of the local
government area.

(3) 40The Government of Gibraltar must place the services of its public officers at
the disposal of—

(a) the Clerk to the Gibraltar Parliament, as counting officer for the
Gibraltar voting area, and

(b) the Regional Counting Officer (if any) appointed for the South West
45and Gibraltar region,