Political Parties, Elections and Referendums Bill - continued        House of Lords

back to previous text
 
  PART VII
  REFERENDUMS
  CHAPTER 1
  PRELIMINARY
 
Referendums to which this Part applies
Referendums to which this Part applies.     97. - (1) Subject to the following provisions of this section, this Part applies to any referendum held throughout-
 
 
    (a) the United Kingdom;
 
    (b) one or more of England, Scotland, Wales and Northern Ireland; or
 
    (c) any region in England specified in Schedule 1 to the Regional Development Agencies Act 1998.
      (2) In this Part-
 
 
    (a) "referendum" means a referendum or other poll held, in pursuance of any provision made by or under an Act of Parliament, on one or more questions specified in or in accordance with any such provision;
 
    (b) "question" includes proposition (and "answer" accordingly includes response).
      (3) A poll held under section 36 of the Government of Wales Act 1998 is not, however, to be taken to be a referendum falling within subsection (2).
 
      (4) If the Secretary of State by order so provides-
 
 
    (a) subsection (2) shall apply to any specified Bill which has been introduced into Parliament before the making of the order as if it were an Act; and
 
    (b) any specified provisions of this Part shall apply, subject to any specified modifications, in relation to any specified referendum for which provision is made by the Bill.
      (5) In subsection (4) "specified" means specified in the order under that subsection.
 
Referendum period.     98. - (1) For the purposes of this Part the referendum period for any referendum to which this Part applies shall be determined in accordance with this section.
 
      (2) In the case of a referendum held in accordance with Schedule 1 to the Northern Ireland Act 1998, the referendum period-
 
 
    (a) begins with the date when the draft of an order under that Schedule is laid before Parliament for approval by each House in accordance with section 96(2) of that Act; and
 
    (b) ends with the date of the poll.
      (3) In the case of a referendum held in pursuance of any provision made by or under any other Act, the referendum period shall (subject to subsections (4) and (5)) be such period as is provided for by or under that Act.
 
      (4) In the case of a referendum to which an order under section 97(4) applies, the referendum period shall be such period (not exceeding six months) as may be specified in the order.
 
      (5) If (apart from this subsection) the referendum period in a case within subsection (4) would end after the date of the poll, it shall instead end on that date.
 
Date of poll.     99. - (1) Where the date of the poll in the case of any referendum to which this Part applies falls to be fixed under any provision made by or under any Act, the date so fixed shall not be earlier than 28 days after the end of the period of 14 days mentioned in section 104(3).
 
      (2) If an order under section 104(6) applies to the referendum, subsection (1) shall be read as referring to the period which by virtue of the order is to apply instead of that period of 14 days.
 
 
Permitted participants
Permitted participants.     100. - (1) In this Part "permitted participant", in relation to a particular referendum to which this Part applies, means-
 
 
    (a) a registered party by whom a declaration has been made under section 101 in relation to the referendum; or
 
    (b) any of the following by whom a notification has been given under section 101 in relation to the referendum, namely-
 
      (i) any individual,
 
      (ii) any company falling within section 49(2)(b), and
 
      (iii) any unincorporated association of such a description as is mentioned in section 49(2)(f).
      (2) In this Part "responsible person" means-
 
 
    (a) if the permitted participant is a registered party, the treasurer of the party;
 
    (b) if the permitted participant is an individual, that individual; and
 
    (c) if the permitted participant is a company or an unincorporated association, the person or officer for the time being named under section 101(4)(b)(iv) or (as the case may be) (c)(iii).
Declarations and notifications for purposes of section 100.     101. - (1) For the purposes of section 100(1) a registered party makes a declaration to the Commission under this section if the party makes a declaration to the Commission which identifies-
 
 
    (a) the referendum to which it relates, and
 
    (b) the outcome or outcomes for which the party proposes to campaign.
      (2) A declaration under this section must be signed by the responsible officers of the party (within the meaning of section 59).
 
      (3) For the purposes of section 100(1) an individual, company or unincorporated association gives a notification to the Commission under this section if he or it gives the Commission a notification which identifies-
 
 
    (a) the referendum to which it relates, and
 
    (b) the outcome or outcomes for which the giver of the notification proposes to campaign.
      (4) A notification under this section must-
 
 
    (a) if given by an individual, state-
 
      (i) his full name, and
 
      (ii) his home address in the United Kingdom,
 
    and be signed by him;
 
    (b) if given by a company, state-
 
      (i) the company's registered name,
 
      (ii) the address of its registered office,
 
      (iii) the number with which it is registered, and
 
      (iv) the name of the person or officer who will be responsible for compliance on the part of the company with the provisions of Chapter II,
 
    and be signed by the company secretary;
 
    (c) if given by an unincorporated association, state-
 
      (i) the name of the association,
 
      (ii) the address of an office of the association in the United Kingdom, and
 
      (iii) the name of the person or officer who will be responsible for compliance on the part of the association with the provisions of Chapter II,
 
    and be signed by the person who acts as secretary to the association.
      (5) If at any time before the end of the compliance period any of the statements which, in accordance with any provision of subsection (4), are contained in a notification under this section (as it has effect for the time being) ceases to be accurate, the permitted participant by whom the notification was given shall give the Commission a notification ("a notification of alteration") indicating that that statement is replaced by some other statement-
 
 
    (a) contained in the notification of alteration, and
 
    (b) conforming with that provision of subsection (4).
      (6) For the purposes of subsection (5) "the compliance period" is the period during which any provisions of Chapter II remain to be complied with on the part of the permitted participant.
 
      (7) In this section "outcome", in relation to a referendum, means the outcome implied by a particular answer to any question asked in the referendum.
 
 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2000
Prepared 17 March 2000