House of Commons Public Bill Committee Proceedings

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Session 2007 - 08
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Committee of the whole House Proceedings: 5th March 2008
274

European Union (Amendment) Bill, continued

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

19  (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 may take such steps as they think appropriate to

provide such information for persons entitled to vote in the referendum as the

Commission think is likely to promote awareness among those persons about

the arguments for each answer to the referendum question.

      (3)
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.

      (4)
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.

Combination of polls

20  (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 another

referendum.

      (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

21  (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

Committee of the whole House Proceedings: 5th March 2008
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European Union (Amendment) Bill, continued

(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

consequences 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

(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

22  (1)
As soon as reasonably practicable after the holding of the referendum the

accounting officer of the Electoral Commission must—

(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

23  (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;

Committee of the whole House Proceedings: 5th March 2008
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European Union (Amendment) Bill, continued

(b)
provision for applying any provision made under section 7(2) to

Gibraltar with modifications;

(c)
provisions 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)
provision 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.

      (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 sub-paragraph (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 sub-paragraph (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

provisions made under an Act of Parliament).

Legal challenge to the referendum result

12  (1)
No court may entertain any proceedings for questioning the number of ballot

papers counted or votes cast in the referendum, as certified—

(a)
by the Chief Counting Officer, or

(b)
by a counting officer,


unless the proceedings are brought in accordance with this section.

      (2)
The proceedings may be brought—

(a)
in England and Wales, only by a claim for judicial review;

(b)
in Scotland, only by a petition for judicial review;

(c)
in Northern Ireland, only by an application for judicial review; or

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European Union (Amendment) Bill, continued

(d)
in Gibraltar, only by a claim for judicial review.

      (3)
The court in England and Wales or Gibraltar must not give permission for a

claim unless the claim form is filed before the end of the permitted period.

      (4)
The court in Scotland must refuse a petition unless it is lodged before the end

of the permitted period.

      (5)
The court in Northern Ireland must refuse an application for leave to apply for

judicial review unless it is lodged before the end of the permitted period.

      (6)
In this section “the permitted period” means the period of six weeks starting

with—

(a)
the date on which the Chief Counting Officer (or as the case may be)

the counting officer gives a certificate as to the number of ballot papers

counted and votes case in the referendum; or

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

given.

Supplementary provision

13
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.

14
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

15  (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.

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European Union (Amendment) Bill, continued

Interpretation of Schedule

16  (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.’.

Bill reported, without amendment.