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

back to previous text
 
  PART VII
  REFERENDUMS
  CHAPTER I
  PRELIMINARY
 
Referendums to which this Part applies
Referendums to which this Part applies.     101. - (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.     102. - (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 101(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.     103. - (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 109(3).
 
      (2) If an order under section 109(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.
 
Referendum questions.     104. - (1) Subsection (2) applies where a Bill is introduced into Parliament which-
 
 
    (a) provides for the holding of a poll that would be a referendum to which this Part applies, and
 
    (b) specifies the wording of the referendum question.
      (2) The Commission shall consider the wording of the referendum question, and shall publish a statement of any views of the Commission as to the intelligibility of that question-
 
 
    (a) as soon as reasonably practicable after the Bill is introduced, and
 
    (b) in such manner as they may determine.
      (3) Subsections (4) and (5) apply where the wording of the referendum question in the case of any poll that would be a referendum to which this Part applies falls to be specified in subordinate legislation within the meaning of the Interpretation Act 1978.
 
      (4) If a draft of the instrument in question is to be laid before Parliament for approval by each House, the Secretary of State-
 
 
    (a) shall consult the Commission on the wording of the referendum question before any such draft is so laid, and
 
    (b) shall, at the time when any such draft is so laid, lay before each House a report stating any views as to the intelligibility of that question which the Commission have expressed in response to that consultation.
      (5) If the instrument in question is to be subject to annulment in pursuance of a resolution of either House of Parliament, the Secretary of State-
 
 
    (a) shall consult the Commission on the wording of the referendum question before making the instrument; and
 
    (b) shall, at the time when the instrument is laid before Parliament, lay before each House a report stating any views as to the intelligibility of that question which the Commission have expressed in response to that consultation.
      (6) Where any Bill, draft instrument or instrument to which subsection (2), (4) or (5) applies specifies not only the referendum question but also any statement which is to precede that question on the ballot paper at the referendum, any reference in that subsection to the referendum question shall be read as a reference to that question and that statement taken together.
 
      (7) In this section "the referendum question" means the question or questions to be included in the ballot paper at the referendum.
 
 
Permitted participants
Permitted participants.     105. - (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 106 in relation to the referendum; or
 
    (b) any of the following by whom a notification has been given under section 106 in relation to the referendum, namely-
 
      (i) any individual resident in the United Kingdom or registered in an electoral register (as defined by section 54(8)), or
 
      (ii) any body falling within any of paragraphs (b) and (d) to (h) of section 54(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 106(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 106(4)(b)(ii).
Declarations and notifications for purposes of section 105.     106. - (1) For the purposes of section 105(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 64); 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 105(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 54(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 108 and 109 "outcome", in the case of a referendum, means a particular outcome in relation 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 index

© Parliamentary copyright 2000
Prepared 23 November 2000