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

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  PART VII
  REFERENDUMS
  CHAPTER I
  PRELIMINARY
 
Referendums to which this Part applies
Referendums to which this Part applies.     99. - (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.     100. - (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 99(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.     101. - (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 106(3).
 
      (2) If an order under section 106(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.     102. - (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 103 in relation to the referendum; or
 
    (b) any of the following by whom a notification has been given under section 103 in relation to the referendum, namely-
 
      (i) any individual resident in the United Kingdom or registered in an electoral register (as defined by section 52(8)), or
 
      (ii) any body falling within any of paragraphs (b) and (d) to (h) of section 52(2).
      (2) In this Part "responsible person" means-
 
 
    (a) if the permitted participant is a registered party-
 
      (i) the treasurer of the party, or
 
      (ii) in the case of a minor party, the person for the time being notified to the Commission by the party in accordance with section 103(2)(b);
 
    (b) if the permitted participant is an individual, that individual; and
 
    (c) otherwise, the person or officer for the time being notified to the Commission by the permitted participant in accordance with section 103(4)(b)(ii).
Declarations and notifications for purposes of section 102.     103. - (1) For the purposes of section 102(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-
 
 
    (a) must be signed by the responsible officers of the party (within the meaning of section 62); and
 
    (b) if made by a minor party, must be accompanied by a notification which states the name of the person who will be responsible for compliance on the part of the party with the provisions of Chapter II.
      (3) For the purposes of section 102(1) an individual or body 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, or (if he has no such address in the United Kingdom) his home address elsewhere,
 
    and be signed by him;
 
    (b) if given by a body falling within any of paragraphs (b) and (d) to (h) of section 52(2), state-
 
      (i) all such details in respect of the body as are required by virtue of any of sub-paragraphs (4) and (6) to (10) of paragraph 2 of Schedule 6 to be given in respect of such a body as the donor of a recordable donation, and
 
      (ii) the name of the person or officer who will be responsible for compliance on the part of the body with the provisions of Chapter II,
 
    and be signed by the body's secretary or a person who acts in a similar capacity in relation to the body.
      (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)-
 
 
    (a) "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; and
 
    (b) any reference to subsection (4) shall be read, in relation to a notification under subsection (2), as a reference to subsection (2).
      (7) In this section and sections 105 and 106 "outcome", in the case of a referendum, means a particular outcome in relation to any question asked in the referendum.
 
Register of declarations and notifications for purposes of section 102.     104. - (1) The Commission shall maintain a register of-
 
 
    (a) all declarations made to them under section 103; and
 
    (b) all notifications given to them under that section.
      (2) The register shall be maintained by the Commission in such form as they may determine and shall contain, in the case of each such declaration or notification, all of the information supplied to the Commission in connection with it in pursuance of section 103.
 
      (3) Where any declaration or notification is made or given to the Commission under section 103, they shall cause-
 
 
    (a) the information mentioned in subsection (2) to be entered in the register, or
 
    (b) in the case of a notification under section 103(5), any change required as a consequence of the notification to be made in the register,
       as soon as is reasonably practicable.
 
      (4) The information to be entered in the register in respect of a permitted participant who is an individual shall, however, not include his home address.
 
 
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