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CHAPTER III |
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CONTROLS ON PUBLICATIONS |
| Restriction on publication etc. of promotional material by central and local government etc. |
118. - (1) This section applies to material which is addressed or made available to the public at large or a section of the public and which-
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(a) provides general information about a referendum to which this Part applies; |
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(b) deals with any of the issues raised by any question on which such a referendum is being held; |
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(c) puts any arguments for or against any particular answer to any such question; or |
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(d) is designed to encourage voting at such a referendum. |
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(2) Subject to subsection (3), no material to which this section applies shall be published, displayed or distributed during the relevant period by or on behalf of-
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(a) any Minister of the Crown, government department or local authority; or |
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(b) any other person or body whose expenses are defrayed wholly or mainly out of public funds or by any local authority. |
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(3) Subsection (2) does not apply to-
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(a) material made available to persons in response to specific requests for information or to persons specifically seeking access to it; |
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(b) anything done by or on behalf of the Commission or a person or body designated under section 101 (designation of organisations to whom assistance is available); |
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(c) the publication, display or distribution of information relating to the holding of the poll; or |
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(d) the issue of press notices; |
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and subsection (2)(b) shall not be taken as applying to the British Broadcasting Corporation or Sianel Pedwar Cymru.
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(4) In this section-
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(a) "publish" means publish in whatever form and by whatever means (including, in particular, by inclusion in any programme included in a programme service, within the meaning of the Broadcasting Act 1990); |
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(b) "the relevant period", in relation to a referendum, means the period of 28 days ending with the date of the poll. |
| Other publications to contain details of printer and publisher. |
119. - (1) No advertisement or other document the contents of which relate wholly or mainly to a referendum to which this Part applies shall be published during the referendum period unless the name and address of both printer and publisher appear on it.
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(2) The name of any person or body on behalf of whom any such document is published must also appear on it (unless the name of any such person or body is given as the publisher).
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(3) In the case of an advertisement or other document consisting (or consisting principally) of a single side of printed matter, any name and address or name required by subsection (1) or (2) to appear on the document must appear on the face of the document.
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(4) In the case of any other document, any such name and address or name must appear on the last page of the document.
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(5) A person commits an offence if he prints or publishes, or causes to be printed or published, any document which contravenes any provision of this section.
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(6) In this section "publish" means publish in any form to the public at large or any section of the public and "print" means print by whatever means (and "publisher" and "printer" shall be construed accordingly).
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| Referendum campaign broadcasts. |
120. - (1) A broadcaster shall not include in its broadcasting services any referendum campaign broadcast made on behalf of any person or body other than one designated in respect of the referendum in question under section 101.
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(2) In this section "referendum campaign broadcast" means any broadcast whose purpose (or main purpose) is (or may reasonably be assumed to be)-
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(a) to further any campaign conducted with a view to promoting or procuring a particular outcome in relation to any question asked in a referendum to which this Part applies, or |
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(b) otherwise to promote or procure any such outcome. |
