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Further provisions about the referendum |
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1 | For the purposes of Part 7 of the 2000 Act the referendum period for the |
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(a) | begins with the day on which this Act is passed, and |
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(b) | ends with the date of the poll. |
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Regional Counting Officers |
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2 (1) | The Chief Counting Officer may appoint a Regional Counting Officer for |
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any region in Great Britain. |
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(2) | For the purposes of this paragraph the regions are— |
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Yorkshire and the Humber; |
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| The regions in England comprise the areas specified in the Table in |
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Schedule 1 to the European Parliamentary Elections Act 2002 (ignoring |
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paragraph 2(2) of that Schedule and the references to Gibraltar) as it has |
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effect for the time being. |
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(3) | In the case of a region for which a Regional Counting Officer is appointed— |
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(a) | the Chief Counting Officer may require the Regional Counting |
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Officer to appoint counting officers for voting areas in the region; |
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(b) | the local authority in the case of each such area must place the |
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services of their officers at the disposal of the Regional Counting |
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Officer for the purpose of assisting the officer in the discharge of his |
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| In paragraph (b) “the local authority” has the same meaning as in section 128 |
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(4) | To the extent that counting officers are appointed by virtue of sub- |
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paragraph (3)(a), the duty of the Chief Counting Officer under section 128(3) |
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of the 2000 Act is discharged. |
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(5) | The duty imposed by sub-paragraph (3)(b) applies in addition to that |
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imposed by section 128(4) of the 2000 Act. |
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General duties of counting officers etc |
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3 (1) | The Chief Counting Officer, Regional Counting Officers and counting |
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officers must do whatever things are necessary for conducting the |
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referendum in the manner provided by this Part. |
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(2) | The counting officer for a voting area is responsible, as regards that area, |
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(a) | the conduct of the poll, |
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(b) | (subject to sub-paragraph (3)) the printing of the ballot papers, |
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(c) | the issue and receipt of postal ballot papers for persons entitled to |
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vote on their own behalf in the referendum and for their proxies, |
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(d) | the verification of the statements made under rule 37(6) of the |
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referendum rules (ballot paper accounts), and |
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(e) | the counting of the votes cast. |
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(3) | Responsibility for the printing of the ballot papers for a voting area may be |
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(a) | by the Chief Counting Officer; |
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(b) | in the case of a voting area in a region for which a Regional Counting |
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Officer is appointed, by the Chief Counting Officer or the Regional |
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| The Chief Counting Officer or Regional Counting Officer may direct the |
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counting officer concerned accordingly. |
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(4) | In the case of a region for which a Regional Counting Officer is appointed, |
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the officer must certify as regards the votes cast in the region— |
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(a) | the total number of ballot papers counted, and |
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(b) | the total number of votes cast in favour of each answer to the |
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question asked in the referendum. |
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| Where two or more forms of ballot paper are used in the referendum, a |
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separate number must be certified under paragraph (a) in relation to each |
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form of ballot paper used. |
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(5) | The Chief Counting Officer may give Regional Counting Officers or |
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(a) | directions about the discharge of their functions; |
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(b) | directions requiring them to provide the Chief Counting Officer with |
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information that they have or are entitled to have. |
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(6) | A Regional Counting Officer for a region may give counting officers for |
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voting areas within that region— |
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(a) | directions about the discharge of their functions; |
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(b) | directions requiring them to provide the Regional Counting Officer |
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with information that they have or are entitled to have. |
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(7) | A power under this paragraph of a Regional Counting Officer to give a |
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direction to a counting officer is exercisable only in accordance with a |
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specific or general authorisation or direction given by the Chief Counting |
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(8) | A person to whom a direction is given under this paragraph must comply |
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(9) | This paragraph applies in addition to section 128 of the 2000 Act (Chief |
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Counting Officers, and counting officers, for referendums). |
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Appointment of deputies and clerks |
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4 (1) | The Chief Counting Officer or a Regional Counting Officer or counting |
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officer may appoint deputies to carry out any or all of the officer’s functions. |
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(2) | An appointment under sub-paragraph (1) must be in writing. |
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(3) | A Regional Counting Officer may appoint however many clerks are |
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necessary to assist in carrying out the officer’s functions. |
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Counting officers etc: correction of procedural errors |
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5 (1) | A Regional Counting Officer or counting officer may take whatever steps the |
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officer thinks appropriate to remedy any act or omission on the part of the |
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officer or a relevant person that— |
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(a) | arises in connection with any function that the officer or relevant |
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person has in relation to the referendum, and |
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(b) | is not in accordance with the referendum rules or any other |
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requirements applicable to the referendum. |
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(2) | But a counting officer may not under this paragraph conduct a re-count of |
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the votes once a direction has been given under rule 42(3)(b) of the |
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(3) | The relevant persons are— |
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(a) | a registration officer appointed under section 8 of the 1983 Act; |
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(b) | a presiding officer appointed under rule 13 of the referendum rules; |
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(c) | a clerk of, or a person providing goods or services to, the Regional |
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Counting Officer or the counting officer; |
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(d) | a deputy or assistant of— |
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(i) | the Regional Counting Officer or the counting officer, or |
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(ii) | a person mentioned in paragraph (a), (b) or (c). |
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(4) | For the purposes of sub-paragraph (3)(d) a person (“A”) is an assistant of |
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(a) | A is appointed to assist P, or |
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(b) | in the course of employment A is assisting P, |
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| in connection with any function in relation to the referendum. |
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6 | A public notice required by this Part to be given by the Chief Counting |
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Officer, a Regional Officer or a counting officer must be given— |
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(a) | by posting the notice in some conspicuous place in the area or region |
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for which the officer acts, or |
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(b) | in whatever other manner the officer thinks desirable for publicising |
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Role of Electoral Commission |
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7 | The Electoral Commission must take whatever steps they think appropriate |
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to promote public awareness about the referendum and how to vote in it. |
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Encouraging participation |
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8 (1) | The Chief Counting Officer must take whatever steps the officer thinks |
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appropriate to encourage participation in the referendum. |
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(2) | An officer to whom sub-paragraph (3) applies must take whatever steps the |
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officer thinks appropriate to encourage participation in the referendum in |
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the area or region for which the officer acts. |
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(3) | This sub-paragraph applies to— |
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(a) | a Regional Counting Officer; |
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(c) | a registration officer appointed under section 8 of the 1983 Act. |
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(4) | In discharging the duty imposed by sub-paragraph (1) or (2) an officer must |
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have regard to any guidance issued by the Electoral Commission. |
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(5) | The Minister may reimburse any expenditure incurred by an officer for the purposes |
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of sub-paragraph (1) or (2). |
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9 | A permitted participant may, for any voting area, appoint an individual |
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(who may be the responsible person) to act as the permitted participant’s |
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agent (“referendum agent”). |
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10 (1) | This paragraph applies if a permitted participant appoints a referendum |
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(2) | The responsible person must give the counting officer for the area |
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notification of the name and home or business address of— |
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(a) | the permitted participant, and |
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(b) | the referendum agent. |
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(3) | The notification must be given before noon on the 16th day before the date |
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of the poll, disregarding for this purpose— |
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(a) | Saturdays and Sundays, |
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(b) | Good Friday and any other day that is a bank holiday under the |
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Banking and Financial Dealings Act 1971 in any part of the United |
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(c) | any day appointed as a day of public thanksgiving or mourning. |
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(4) | The notification must be in writing and signed by the responsible person. |
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(5) | The duties imposed on a responsible person by this paragraph may be |
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discharged by any person authorised in writing by the responsible person. |
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11 (1) | This paragraph applies if a counting officer is notified under paragraph 10 |
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that a permitted participant has appointed a referendum agent. |
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(2) | The counting officer must as soon as practicable give public notice of— |
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(a) | the name and address of the referendum agent, and |
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(b) | the name of the permitted participant. |
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12 (1) | This paragraph applies if— |
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(a) | a permitted participant revokes the appointment of a referendum |
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agent or a referendum agent dies, and |
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(b) | the referendum agent has notified the counting officer of the |
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appointment of a polling or counting agent under rule 17 of the |
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(2) | The permitted participant must as soon as possible appoint another agent |
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(3) | The notification under paragraph 10 must be made as soon as possible after |
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the appointment of the new referendum agent (rather than before noon on |
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the 16th day before the date of the poll). |
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13 (1) | A person who is the responsible person for a permitted participant may not |
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give a notification under section 106(3) of the 2000 Act (notification given to |
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become a permitted participant). |
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(2) | An individual who is a permitted participant ceases to be a permitted |
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participant if he or she is the treasurer of a registered party (other than a |
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minor party) that becomes a permitted participant. |
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(3) | A declaration made or notification given by a body does not comply with the |
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requirement in subsection (2)(b) or (4)(b)(ii) of section 106 of the 2000 Act (to |
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state the name of the person who will be responsible for compliance) if the |
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person whose name is stated— |
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(a) | is already the responsible person for a permitted participant, |
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(b) | is an individual who gives a notification under subsection (3) of that |
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section at the same time, or |
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(c) | is the person whose name is stated, in purported compliance with |
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the requirement in subsection (2)(b) or (4)(b)(ii) of that section, in a |
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notification given at the same time by another body. |
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(4) | Where a registered party (other than a minor party) makes a declaration |
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under section 106 of the 2000 Act and the treasurer of the party (“T”) is |
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already the responsible person for a permitted participant (“P”)— |
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(a) | T ceases to be the responsible person for P at the end of the period of |
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14 days beginning with the day on which (by reason of the |
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declaration) T becomes the responsible person for the party; |
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(b) | P must, before the end of that period, give a notice of alteration under |
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section 106(5) of the 2000 Act stating the name of the person who is |
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to replace T as the responsible person for P. |
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(5) | In sub-paragraphs (3) and (4) “the person”, in relation to a body other than |
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a minor party, is to be read as “the person or officer”. |
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(6) | In this paragraph “registered party” and “minor party” have the meaning |
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given in section 160(1) of the 2000 Act. |
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Grants to designated organisations may be paid in instalments |
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14 (1) | This paragraph applies to a grant under subsection (2) of section 110 of the |
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2000 Act (assistance available to designated organisations) made in respect |
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(2) | The grant may be paid in whatever instalments the Electoral Commission |
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(3) | Instalments may be withheld if the Commission are satisfied that the |
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designated organisation concerned has failed to comply with a condition |
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imposed under section 110(3) of the 2000 Act. |
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(4) | Section 110(2) of the 2000 Act, in so far as it requires the grant to be of the |
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same amount in the case of each designated organisation, has effect in |
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relation to the referendum subject to sub-paragraph (3). |
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Expenses incurred by persons acting in concert |
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15 (1) | This paragraph applies where— |
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(a) | referendum expenses are incurred by or on behalf of an individual or |
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body during the referendum period for the referendum, and |
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(b) | those expenses are incurred in pursuance of a plan or other |
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arrangement by which referendum expenses are to be incurred by or |
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(i) | that individual or body, and |
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(ii) | one or more other individuals or bodies, |
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| respectively with a view to, or otherwise in connection with, |
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promoting or procuring a particular outcome in relation to the |
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question asked in the referendum. |
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(2) | The expenses mentioned in sub-paragraph (1)(a) are to be treated for the |
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purposes of the provisions of the 2000 Act set out in sub-paragraph (3) as |
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having also been incurred, during the referendum period, by or on behalf of |
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the other individual or body (or, as the case may be, each of the other |
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individuals or bodies) mentioned in sub-paragraph (1)(b)(ii). |
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(b) | section 118 and Schedule 14; |
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(4) | This paragraph applies whether or not any of the individuals or bodies in |
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question is a permitted participant. |
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(5) | But this paragraph does not treat any expenses incurred by or on behalf of a |
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permitted participant that is designated in respect of the referendum by the |
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Electoral Commission under section 108 of the 2000 Act (designation of |
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organisations to whom assistance is available) as having been incurred by or |
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on behalf of any other individual or body. |
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(6) | Subsections (5) and (6) of section 117 of the 2000 Act (certain expenditure |
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incurred before the referendum period treated as incurred during that |
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period) apply for the purposes of this paragraph as they apply for the |
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purposes of that section. |
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