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Notices of Amendments: 25th January 2008                

453

 

European Union (Amendment) Bill, continued

 
 

(b)    

if he gives more than one such certificate, the date of the last to be

 

given.’.

 


 

Mr William Cash

 

NS2

 

To move the following Schedule:—

 

‘Conduct of the Referendum

 

Introductory

 

1    (1)  

In this Schedule “the 2000 Act” means the Political Parties, Elections and

 

Referendums Act 2000 (c. 41).

 

      (2)  

Expressions used in this Schedule and in Part 7 of the 2000 Act have the same

 

meanings in this Schedule as in that Part.

 

Encouraging voting

 

2          

The Electoral Commission may do anything they think necessary or expedient

 

for the purpose of encouraging voting at the referendum.

 

3    (1)  

For the purpose of encouraging voting at the referendum the Electoral

 

Commission may, in particular, direct each counting officer to provide such

 

impartial information as may be specified in the direction to every person who

 

is entitled, in the referendum, to vote in the counting officer’s voting area.

 

      (2)  

A direction under this paragraph may also include requirements as to the form

 

and manner in which the information is to be sent.

 

      (3)  

A direction under this paragraph may not require the inclusion of additional

 

information in a document or part of a document the form of which is

 

prescribed by or under any enactment.

 

      (4)  

In subparagraph (1) “voting area”, in relation to a counting officer, means—

 

(a)    

in the case of a counting officer appointed for a relevant area in Great

 

Britain, that area;

 

(b)    

in the case of the Chief Electoral Officer for Northern Ireland in his

 

capacity as a counting officer, Northern Ireland; and

 

(c)    

in the case of a counting officer for Gibraltar, Gibraltar.

 

Provision of information to voters

 

4    (1)  

This paragraph applies if the Electoral Commission have not, before the

 

appropriate day, designated an organisation under section 108 of the 2000 Act

 

(organisations to whom assistance is available under section 110 of that Act)

 

in relation to each possible outcome of the referendum.

 

      (2)  

The Electoral Commission shall take steps to provide such impartial

 

information for persons entitled to vote in the referendum as will promote a

 

proper and fair understanding and awareness among those persons about the

 

arguments for each answer to the referendum question.

 

      (3)  

The Electoral Commission shall ensure that expenditure in money or money’s

 

worth in any form by those persons responsible for promoting the arguments

 

for each answer to the referendum question is as far as possible of equal value

 

and shall require those persons to produce audited accounts to ensure

 

compliance with this paragraph within the permitted period for proceedings

 

under paragraph 3 of Schedule (Referendum on the Treaty of Lisbon).


 
 

Notices of Amendments: 25th January 2008                

454

 

European Union (Amendment) Bill, continued

 
 

      (4)  

No public expenditure nor any expenditure in money or money’s worth from

 

the European Union or its institutions shall be provided or spent in pursuance

 

of the referendum campaign.

 

      (5)  

In this paragraph “the appropriate day” means—

 

(a)    

the day specified for the purposes of this paragraph in an order under

 

subsection (6) of section 109 of the 2000 Act;

 

(b)    

if no such order is made and one or more applications under that

 

section are made in relation to each possible outcome of the

 

referendum before the 29th day of the referendum period, the 43rd day

 

of the referendum period; and

 

(c)    

in any other case in which no such order is made, the 29th day of the

 

referendum period.

 

      (6)  

Information provided in pursuance of this paragraph must be provided by

 

whatever means the Electoral Commission think is most likely to secure (in the

 

most cost-effective way) that the information comes to the notice of everyone

 

entitled to vote in the referendum.

 

      (7)  

The Electoral Commission shall publish rules and guidelines for and shall

 

monitor compliance by the broadcasting authorities regulated in the United

 

Kingdom by Charter or statute as providers of programme services in relation

 

to the referendum so as to ensure that the provision of those services complies

 

with the same impartiality as is required of the Electoral Commission itself

 

under paragraph 4(2).

 

Combination of polls

 

5    (1)  

A Minister of the Crown may by order make provision for, or in connection

 

with, the combination of polls at the referendum with those at an election or at

 

another referendum, or both.

 

      (2)  

An order under this paragraph may include provision creating criminal

 

offences.

 

Payment of the charges and expenses of relevant officers by the Electoral Commission

 

6    (1)  

A Minister of the Crown may by order make provision for the payment by the

 

Electoral Commission of any of the following—

 

(a)    

the charges in respect of services properly rendered, or expenses

 

properly incurred, in connection with the referendum by a relevant

 

officer; and

 

(b)    

the sum equal to any increase in the superannuation contributions

 

required to be paid by a local authority in respect of a person in

 

consequence of a fee paid as part of those charges.

 

      (2)  

The order may include provision as to—

 

(a)    

the services and expenses, or descriptions of services and expenses, in

 

respect of which payment may be made;

 

(b)    

the maximum amount to be paid or reimbursed in respect of such

 

services and expenses, or descriptions of services and expenses;

 

(c)    

payments in advance; and

 

(d)    

accounts to be submitted.

 

      (3)  

Before making an order under this paragraph, the Minister in question must

 

consult the Electoral Commission.

 

      (4)  

The consent of the Treasury is required for the making of an order under this

 

paragraph.

 

      (5)  

In this paragraph “relevant officer” means—

 

(a)    

a counting officer; or


 
 

Notices of Amendments: 25th January 2008                

455

 

European Union (Amendment) Bill, continued

 
 

(b)    

a person appointed by the Chief Counting Officer or a counting officer

 

to discharge all or any of his functions.

 

Accounts relating to expenditure under paragraph 6

 

7    (1)  

As soon as reasonably practicable after the holding of the referendum the

 

accounting officer of the Electoral Commission and—

 

(a)    

prepare and sign an account of the payments made by the Commission

 

in accordance with an order under paragraph 6; and

 

(b)    

submit a copy of the account, as signed, to the Comptroller and

 

Auditor General.

 

      (2)  

The account must be in such form as the Treasury direct and must set out—

 

(a)    

the aggregate amount of charges and expenses falling within

 

subparagraph 6(1)(a) in respect of which those payments have been

 

made; and

 

(b)    

the aggregate amount of sums falling within paragraph 6(1)(b) in

 

respect of which they have been made.

 

      (3)  

The Comptroller and Auditor General must—

 

(a)    

examine and certify the account submitted to him under this

 

paragraph; and

 

(b)    

lay a copy of the account, as certified, and of his report on it before

 

each House of Parliament.

 

Gibraltar

 

8    (1)  

A Minister of the Crown may by order make such provision as he considers

 

appropriate for the purposes of, or in connection with, one or both of the

 

following—

 

(a)    

the holding of the referendum in Gibraltar; and

 

(b)    

the regulation there of the conduct of the referendum.

 

      (2)  

The provision that may be included in an order under this paragraph includes,

 

in particular—

 

(a)    

provision about any matter as respects which the Political Parties,

 

Elections and Referendums Act 2000 (c. 41) makes provision for the

 

United Kingdom in connection with referendums;

 

(b)    

provision for applying any provision made under section 7(2) of this

 

Act to Gibraltar with modifications;

 

(c)    

provision about donations to political parties and others who

 

campaign, or are proposing to campaign, for one or other of the

 

possible outcomes to the referendum;

 

(d)    

provision imposing obligations in relation to the referendum on the

 

providers of programme services;

 

(e)    

provision conferring functions in relation to the referendum on any

 

public authority in Gibraltar that is responsible for regulating those

 

providers;

 

(f)    

provision conferring jurisdiction on courts in Gibraltar that are

 

specified in the order or which are determined in the manner so

 

specified;

 

(g)    

provisions conferring jurisdiction in relation to matters arising in

 

Gibraltar on courts in the United Kingdom;

 

(h)    

provision for expenses incurred by specified persons in accordance

 

with the order to be charged on and paid out of the Consolidated Fund.


 
 

Notices of Amendments: 25th January 2008                

456

 

European Union (Amendment) Bill, continued

 
 

      (3)  

Before making an order under this paragraph the Minister in question must

 

consult both—

 

(a)    

the Government of Gibraltar; and

 

(b)    

the Electoral Commission.

 

      (4)  

An order under this paragraph may—

 

(a)    

provide for conduct to constitute a criminal offence under the law of

 

Gibraltar;

 

(b)    

extend and apply to Gibraltar, with or without modification, the

 

provisions of any enactment or subordinate legislation relating to any

 

matter mentioned in subparagraph (2);

 

(c)    

modify any such enactment or subordinate legislation (including any

 

imposing criminal liability) so far as it has effect in relation to any part

 

of the United Kingdom;

 

(d)    

modify or apply or incorporate, with or without modification, the

 

provisions of any legislation in force in Gibraltar relating to elections

 

or referendums or to any such matter.

 

      (5)  

The capacity of the Gibraltar legislature to make law in relation to any matter

 

in relation to which provision may be made under this paragraph is not affected

 

by the existence of the power conferred by this paragraph.

 

      (6)  

But subparagraph (5) is not to be construed as restricting the operation in

 

relation to a law made by the Gibraltar legislature of the Colonial Laws

 

Validity Act 1865 (c. 63) (under which colonial laws are void if repugnant to

 

provision made under an Act of Parliament).

 

Supplementary provision

 

9          

This Act does not affect the power of the Secretary of State to make provision

 

under section 129 of the 2000 Act (orders regulating the conduct of

 

referendums) for or in connection with the referendum.

 

10         

Section 126 of the 2000 Act (identification of promoter and publisher of

 

referendum materials) does not apply to any material published for the

 

purposes of the referendum if the publication is required under or by virtue of

 

an order under section 129 of that Act.

 

Orders under this Schedule

 

11  (1)  

Every power to make an order under this Schedule shall be exercisable by

 

statutory instrument.

 

      (2)  

An order under paragraph 5 or 8 may be made only if a draft of the order has

 

been—

 

(a)    

laid before Parliament; and

 

(b)    

approved by a resolution of each House.

 

      (3)  

An order under this Schedule may—

 

(a)    

apply or incorporate, with or without modification, the provision of an

 

enactment or subordinate legislation relating to donations, elections or

 

referendums;

 

(b)    

make different provision for different cases, including different

 

provision for different parts of the United Kingdom and different

 

provision for Gibraltar;

 

(c)    

make provision subject to such exemptions and exceptions as the

 

Minister making the order thinks fit; and

 

(d)    

make such incidental, supplemental, consequential and transitional

 

provision as that Minister thinks fit.


 
 

Notices of Amendments: 25th January 2008                

457

 

European Union (Amendment) Bill, continued

 
 

Interpretation of Schedule

 

12  (1)  

In this Schedule—

 

“donation” means anything which is or corresponds to a donation within the

 

meaning of Part 4 of the Political Parties, Elections and Referendums Act

 

2000 (c. 41); and

 

“programme services” means any services which would be programme

 

services within the meaning of the Broadcasting Act 1990 (c. 42) if

 

Gibraltar were part of the United Kingdom.’.

 


 
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