Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Scottish Independence Referendum Act 2013

Type Act of the Scottish Parliament

Publication 2013-12-17

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(6) The power to remove a person from the polling station is not to be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

Sealing of ballot boxes

18

(1) Immediately before the commencement of the poll, the presiding officer must—

(a) show each ballot box proposed to be used for the purposes of the poll to such persons (if any) who are present in the polling station so that they may see that each box is empty,

(b) place the presiding officer’s seal on each box in such a manner as to prevent it being opened without breaking the seal, and

(2) The presiding officer must ensure that each box remains sealed until the close of the poll.

Questions to be put to voters

19

(1) At the time a voter applies for a ballot paper (but not afterwards), the presiding officer—

(a) must put the questions mentioned in paragraph (2) to the voter if required to do so by a referendum agent or polling agent,

(b) may put the questions mentioned in paragraph (2) to the voter if the presiding officer considers it appropriate to do so.

(2) The questions referred to in paragraph (1) are—

Type of person applying for ballot paper	Questions
1. A person applying as a voter	“Are you the person named in the Polling List as follows (read the whole entry from the Polling List)?” “Have you already voted in this referendum otherwise than as proxy for some other person?”
2. A person applying as proxy	“Are you the person whose name appears as A.B. in the list of proxies for this referendum as entitled to vote as proxy on behalf of C.D.?” “Have you already voted in this referendum as proxy on behalf of C.D.?” “Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of C.D.?”
3. A person applying as proxy for a voter with an anonymous entry (instead of the questions in entry 2)	“Are you the person entitled to vote as proxy on behalf of the voter whose number on the Polling List is (read out the number from the Polling List)?” “Have you already voted in this referendum as proxy on behalf of the voter whose number on the Polling List is (read out the number from the Polling List)?” “Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the person whose number on the Polling List is (read out the number from the Polling List)?”
4. A person applying as proxy if the answer to the question at 2(c) or 3(c) is not “yes”	“Have you already voted in this referendum on behalf of two persons of whom you are not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild?”
5. A person applying as a voter in relation to whom there is an entry in the postal voters list	“Did you apply to vote by post?” “Why have you not voted by post?”
6. A person applying as proxy who is named in the proxy postal voters list	“Did you apply to vote by post as proxy?” “Why have you not voted by post as proxy?”

(3) In the case of a voter in respect of whom a notice has been issued under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act—

(a) the first reference in each of the questions in entries 1(a) and 3(a), (b) and (c) to the Polling List is to be read as a reference to the register of electors, and

(b) the reference in each of those questions to reading from the Polling List is to be read as a reference to reading from the notice issued under that section.

(4) A ballot paper must not be delivered to any person required to answer a question under this rule unless the person answers the question satisfactorily.

(5) Except as authorised by this rule, no enquiry is permitted as to the right of any person to vote.

Challenge of voter

20

(1) A person is not to be prevented from voting by reason only that—

(a) a referendum agent or polling agent—

(i) has reasonable cause to believe that the person has committed an offence of personation, and

(ii) the agent makes a declaration to that effect, or

(b) the person is arrested on the grounds of being suspected of committing or of being about to commit such an offence.

(2) Paragraph (1) does not affect the person’s liability to any penalty for voting.

Voting procedure

21

(1) Subject to rule 19(4), a ballot paper must be delivered to a voter who applies for one.

(2) Immediately before delivering the ballot paper to the voter—

(a) the number and (unless paragraph (3) applies) name of the voter as stated in the Polling List is to be called out,

(b) the number of the voter is to be marked on the list mentioned in rule 13(3)(e) beside the number of the ballot paper to be delivered to the voter,

(c) a mark is to be placed in the Polling List against the number of the voter to note that a ballot paper has been received but without showing the particular ballot paper which has been received, and

(d) in the case of a person applying for a ballot paper as proxy, a mark is also to be placed against that person’s name in the list of proxies.

(3) In the case of a voter who has an anonymous entry, the voter’s official poll card must be shown to the presiding officer and only the voter’s number is to be called out in pursuance of paragraph (2)(a).

(4) In the case of a voter in respect of whom a notice has been issued under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act, paragraph (2) is modified as follows—

(a) in sub-paragraph (a), for “Polling List” substitute “copy of the notice issued under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act”,

(b) in sub-paragraph (c), for “in the Polling List” substitute “on the copy of the notice issued under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act”.

(5) On receiving the ballot paper, the voter must without delay—

(a) proceed into a compartment in the polling station,

(b) there secretly mark the voter’s ballot paper,

(d) put the ballot paper into the ballot box in the presiding officer’s presence.

(6) Where—

(a) a voter attends the polling station before 10pm, and

(b) the voter is still waiting to vote at 10pm,

the presiding officer must permit the voter to vote without delay after 10pm and must close the poll immediately after the last such voter has voted.

(7) The voter must leave the polling station as soon as the voter has put the ballot paper into the ballot box.

Votes marked by presiding officer

22

(1) On the application of a voter—

(a) who is incapacitated by blindness or other disability from voting in the manner required by rule 21, or

(b) who declares orally an inability to read,

the presiding officer must, in the presence of any polling agents, cause the voter’s vote to be marked on a ballot paper in the manner directed by the voter and the ballot paper to be put into the ballot box.

(2) The name and number in the Polling List of every voter whose vote is marked in pursuance of this rule, and the reason why it is so marked, is to be entered on a list (the “marked votes list”) and in the case of a person voting as proxy for a voter, the number to be entered is the voter’s number.

(3) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act, paragraph (2) applies as if for “in the Polling List of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act”.

Voting by persons with disabilities

23

(1) If a voter applies to the presiding officer to be allowed to vote with the assistance of another person by whom the voter is accompanied (the “companion”), on the ground of—

(a) blindness or other physical disability, or

(b) inability to read,

the presiding officer must require the voter to declare (orally or in writing) whether the voter is so disabled by blindness or other disability, or by inability to read, as to be unable to vote without assistance.

(2) The presiding officer must grant the application if the presiding officer—

(a) is satisfied that the voter is so disabled by blindness or other disability, or by inability to read, as to be unable to vote without assistance, and

(b) is also satisfied, by a declaration made by the companion (a “companion declaration”) which complies with paragraph (3), that the companion—

(i) meets the requirements set out in paragraph (3)(c)(i) or (ii), and

(ii) has not previously assisted more than one voter with disabilities to vote at the referendum.

(3) A companion declaration must—

(a) be in the form prescribed,

(b) be made before the presiding officer at the time when the voter applies to vote with the assistance of the companion, and

(i) is a person who is entitled to vote as a voter at the referendum, or

(ii) is the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the voter with disabilities, and has attained the age of 16.

(4) The presiding officer must sign the companion declaration and keep it.

(5) No fee or other payment may be charged in respect of the declaration.

(6) A person is a “voter with disabilities” for the purposes of paragraph (2)(b)(ii) if the person has made a declaration mentioned in paragraph (1).

(7) Where an application is granted under paragraph (2), anything which is required by these rules to be done to or by the voter in connection with the giving of that voter’s vote may be done to, or by, or with the assistance of, the companion.

(8) The name and number in the Polling List of every voter whose vote is given in accordance with this rule and the name and address of the companion is to be entered on a list (the “assisted voters list”) and, in the case of a person voting as proxy for a voter, the number to be entered is the voter’s number.

(9) Where the voter being assisted by a companion has an anonymous entry, only the voter’s number in the Polling List is to be entered on the assisted voters list.

(10) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act, paragraph (8) applies as if for “in the Polling List of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act”.

Tendered ballot papers

24

(1) Paragraph (6) applies if any of situations A to D exist.

(2) Situation A exists if a person, claiming to be—

(a) a particular voter named on the Polling List and not named in the postal voters list or the list of proxies, or

(b) a particular person named in the list of proxies as proxy for a voter and not entitled to vote by post as proxy,

applies for a ballot paper after another person has voted in person either as the voter or the voter’s proxy.

(3) Situation B exists if—

(a) a person applies for a ballot paper claiming that the person is a particular voter named on the Polling List,

(b) the person is also named in the postal voters list, and

(i) no application to vote by post in the referendum was made by that person, or

(ii) the person is not an existing postal voter within the meaning of paragraph 2(2) of schedule 2.

(4) Situation C exists if—

(a) a person applies for a ballot paper claiming that the person is a particular person named as a proxy in the list of proxies,

(b) the person is also named in the proxy postal voters list, and

(i) no application to vote by post as proxy was made by that person, or

(ii) the person is not an existing proxy to whom paragraph 6(4) of schedule 2 applies.

(5) Situation D exists if, before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper—

(a) a person claims that the person is—

(i) a particular voter named on the Polling List who is also named in the postal voters list, or

(ii) a particular person named as proxy in the list of proxies who is also named in the proxy postal voters list, and

(b) the person claims that the person has lost or has not received a postal ballot paper.

(6) Where this paragraph applies, the person is entitled, on satisfactorily answering the questions permitted by rule 19 to be asked at the poll, to mark a tendered ballot paper in the same manner as any other voter.

(7) A tendered ballot paper must—

(a) be of a prescribed colour differing from that of the ballot paper issued in accordance with rule 8(1) or provided in accordance with rule 13(1),

(b) instead of being put into the ballot box, be given to the presiding officer and endorsed by the presiding officer with the name of the voter and the voter’s number in the Polling List, and

(8) The name of the voter and the voter’s number in the Polling List is to be entered on a list (the “tendered votes list”).

(9) In the case of a person voting as proxy for a voter, the number to be endorsed or entered is to be the voter’s number.

(10) This rule applies to a voter who has an anonymous entry subject to the following modifications—

(a) in paragraphs (7)(b) and (8), the references to the voter’s name are to be ignored, and

(b) otherwise, a reference to a person named on the Polling List or other list is to be construed as a reference to a person whose number appears on the Polling List or other list (as the case may be).

(11) This rule applies in the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act as if—

(a) in paragraphs (2)(a), (3)(a) or (5)(a)(i), for “named on the Polling List” there were substituted “in respect of whom a notice under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act has been issued”, and

(b) in paragraphs (7)(b) and (8), for “the voter’s number in the Polling List” there were substituted “the number relating to that person on a notice issued under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act”.

Spoilt ballot papers

25

(1) A voter who has inadvertently dealt with a ballot paper in such manner that it cannot be conveniently used as a ballot paper may—

(a) by returning it to the presiding officer, and

(b) proving to the presiding officer’s satisfaction the fact of the inadvertence,

obtain another ballot paper in the place of the returned ballot paper (the “spoilt ballot paper”).

(2) The spoilt ballot paper must be immediately cancelled.

Correction of errors on polling day

26

(1) The presiding officer must keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13B(3B) or (3D) or 13BB(4) of the 1983 Act which takes effect on the date of the referendum.

(2) The list kept under paragraph (1) is referred to as the “polling day alterations list”.

Adjournment of poll in case of riot

27

(1) Where the proceedings at any polling station are interrupted by riot or open violence, the presiding officer must—

(a) adjourn the proceedings until the following day, and

(b) inform the counting officer without delay.

(2) If the counting officer is informed under paragraph (1)(b), the counting officer must inform the Chief Counting Officer without delay.

(3) Where the poll is adjourned at any polling station—

(a) the hours of polling on the day to which it is adjourned are to be the same as for the original day, and

(b) references in these rules to the close of the poll are to be construed accordingly.

Procedure on close of poll

28

(1) As soon as reasonably practicable after the close of the poll, the presiding officer must—

(a) in the presence of any polling agents, seal each ballot box in use at the station so as to prevent the introduction of additional ballot papers,

(b) separate and make up into separate sealed packets the papers mentioned in paragraph (2), and

(c) deliver the sealed ballot boxes and packets (or arrange for them to be delivered) to the counting officer to be taken charge of by the counting officer.

(2) The papers referred to in paragraph (1) are—

(a) the unused and spoilt ballot papers (as a single packet),

(b) the tendered ballot papers,

(c) the marked copies of the Polling List (including any marked copy notices issued under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act) and of the list of proxies (as a single packet),

(d) any certificates produced under rule 15(6),

(e) the corresponding number list completed in accordance with rule 21(2)(b) (the “completed corresponding number list”),

(f) the tendered votes list, the assisted voters list, the marked votes list, the polling day alterations list and the companion declarations (as a single packet),

(g) any postal ballot papers or postal voting statements returned to the station.

(3) The marked copies of the Polling List and of the list of proxies are to be in one packet but must not be in the same packet as the certificates mentioned in paragraph (2)(d) or the lists mentioned in paragraph (2)(e).

(4) The packets must be accompanied by a statement (the “ballot paper account”) made by the presiding officer, showing the number of ballot papers entrusted to the presiding officer and accounting for them under the following heads—

(a) ballot papers issued and not otherwise accounted for,

(b) unused ballot papers,

(d) tendered ballot papers.

(5) If the sealed ballot boxes and packets are not delivered to the counting officer by the presiding officer personally, the arrangements for their delivery require the counting officer’s approval.

(6) In paragraph (1), references to “sealing” mean sealing using—

(a) the presiding officer’s seal, and

(b) the seals of any polling agents who wish to affix their own seals.

Attendance at counting of votes

29

(1) The counting officer must make arrangements for counting of the votes as soon as reasonably practicable after the close of the poll.

(2) The counting officer must give notice in writing to the Chief Counting Officer, each of the referendum agents appointed for the area and any counting agents appointed to attend at the count of the time and place at which the counting officer will begin to count the votes.

(3) The counting officer must take proper precautions for the security of the ballot boxes and packets in the period between taking charge of them and the beginning of the count.

(4) No person other than the persons mentioned in paragraph (5) may attend the counting of the votes.

(5) Those persons are—

(a) the Member of Parliament for any constituency which contains all or part of the area in which the votes being counted have been cast,

(b) the member of the Scottish Parliament for any constituency which contains all or part of the area in which the votes being counted have been cast,

(c) members of the Scottish Parliament for any region which contains all or part of the area in which the votes being counted have been cast,

(d) members of the council for any local government area which contains all or part of the area in which the votes being counted have been cast,

(e) members of the European Parliament for the electoral region of Scotland,

(f) the Chief Counting Officer and members of the Chief Counting Officer’s staff,

(g) a counting officer and members of a counting officer’s staff,

(h) constables on duty,

(i) persons entitled to attend by virtue of section 18,

(j) persons entitled to attend by virtue of section 19 or 20,

(k) referendum agents,

(l) counting agents appointed to attend at the count, and

(m) any other person the counting officer permits to attend.

(6) The counting officer may exclude persons from the counting of the votes if the counting officer considers that the efficient counting of the votes would be impeded.

(7) Paragraph (6) does not permit the counting officer to exclude the persons mentioned in paragraph (5)(f) or (i).

(8) The counting officer may limit the number of counting agents who are permitted to be present at the counting of the votes on behalf of a permitted participant, but the same limit is to apply to each permitted participant.

(9) The counting officer must give any counting agents such reasonable facilities for overseeing the proceedings and such information with respect to the proceedings as the counting officer can give consistently with the orderly conduct of the proceedings and the carrying out of the counting officer’s functions in connection with them.

(10) In particular, where the votes are counted by sorting the ballot papers according to the answer for which the vote is given and then counting the number of ballot papers for each answer, the counting agents are entitled to satisfy themselves that the ballot papers are correctly sorted.

The count

30

(1) The counting officer must—

(a) in the presence of the counting agents, open each ballot box and count and record the number of ballot papers in it, checking the number against the ballot paper account,

(b) verify each ballot paper account in the presence of any referendum agents, and

(2) For the purposes of paragraph (1)(b), a counting officer must—

(a) verify the ballot paper account by comparing it with the number of ballot papers recorded, the unused and spoilt ballot papers in the counting officer’s possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list), and

(b) prepare a statement as to the result of the verification (the “verification statement”).

(3) Any counting agent present at the verification may copy the verification statement.

(4) For the purposes of paragraph (1)(c), a postal ballot paper is not to be considered as having been duly returned unless it—

(a) is returned—

(i) by hand to a polling station in the same local government area, or

(ii) by hand or post to the counting officer,

before the close of the poll, and

(b) is accompanied by a postal voting statement which—

(i) is duly signed (unless the requirement for signature has been dispensed with in accordance with paragraph 7(6) of schedule 2), and

(ii) states the date of birth of the voter or the voter’s proxy.

(5) The counting officer must not count the votes given on any ballot papers until—

(a) in the case of postal ballot papers, they have been mixed with ballot papers from at least one ballot box, and

(b) in the case of ballot papers from a ballot box, they have been mixed with ballot papers from at least one other ballot box.

(6) The counting officer must not count any tendered ballot paper.

(7) The counting officer must not count any postal ballot paper if, having taken steps to verify the signature and date of birth of the voter or the voter’s proxy, the counting officer is not satisfied that the postal voting statement has been properly completed.

(8) The counting officer, while counting and recording the number of ballot papers and counting the votes, must take all proper precautions for preventing any person from identifying the voter who cast the vote.

(9) The counting officer must, so far as reasonably practicable, proceed continuously with counting the votes, allowing only time for refreshment, but the counting officer may suspend counting between 7pm on any day following the date of the referendum and 9am on the following morning.

(10) During any period when counting is suspended, the counting officer must take proper precautions for the security of the papers.

Rejected ballot papers

31

(1) Any ballot paper to which paragraph (2) applies is void and is not to be counted, subject to paragraph (3).

(2) This paragraph applies to a ballot paper—

(a) which does not bear the official mark,

(b) which indicates a vote in favour of both answers to the referendum question,

(c) on which anything is written or marked by which the voter can be identified (other than by the unique identifying number), or

(d) which is unmarked or void for uncertainty.

(3) A ballot paper on which the vote is marked—

(a) elsewhere than in the proper place,

(b) otherwise than by means of a cross, or

is not for such reason to be considered to be void by reason only of indicating a vote by means of figures or words (or any other mark) instead of a cross if, in the counting officer’s opinion, the mark clearly indicates the voter’s intention.

(4) Paragraph (3) does not apply if—

(a) the way in which the ballot paper is marked identifies the voter, or

(b) it can be shown that the voter can be identified from it.

(5) The counting officer must—

(a) endorse the word “rejected” on any ballot paper which falls not to be counted under this rule, and

(b) if any counting agent objects to the counting officer’s decision, add to the endorsement the words “rejection objected to”.

(6) The counting officer must prepare a statement showing the number of ballot papers rejected under each of sub-paragraphs (a) to (d) of paragraph (2).

Counting the votes

32

The counting officer must count the votes in favour of each answer to the referendum question.

Decisions on ballot papers

33

The decision of the counting officer on any question arising in respect of a ballot paper is final, subject to any judicial review in accordance with section 34.

Re-counts

34

(1) The counting officer may have the votes re-counted (or again re-counted) if the counting officer considers it appropriate to do so.

(2) The Chief Counting Officer may require the counting officer to have the votes re-counted (or again re-counted).

Declaration of result

35

(1) After making the certification under section 7(2)(b) (results for the counting officer’s area), the counting officer must, without delay, give to the Chief Counting Officer—

(a) notice of the matters certified,

(b) details of the information contained in the verification statements prepared under rule 30, and

(c) notice of the number of rejected ballot papers under each head shown in the statement of rejected ballot papers prepared under rule 31.

(2) When authorised to do so by the Chief Counting Officer, the counting officer must—

(a) make a declaration of the matters certified under section 7(2)(b), and

(b) as soon as practicable, give public notice of those matters together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.

(3) After making the certification under section 7(4) (results for the whole of Scotland), the Chief Counting Officer must—

(a) make a declaration of the matters certified, and

(b) as soon as practicable, give public notice of those matters together with the total number of rejected ballot papers for the whole of Scotland under each head shown in the statements of rejected ballot papers.

Sealing up of ballot papers

36

(1) On the completion of the counting, the counting officer must seal up in separate packets—

(a) the counted ballot papers, and

(b) the rejected ballot papers.

(2) The counting officer must not open the sealed packets of—

(a) tendered ballot papers,

(b) the completed corresponding number lists,

(d) marked copies of the Polling List (including any marked copy notices issued under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act) and lists of proxies.

Delivery of papers

37

(1) After sealing the papers in accordance with rule 36, the counting officer must send the papers mentioned in paragraph (2) to the proper officer of the council for the local government area in which the votes being counted have been cast, endorsing on each packet a description of its contents and the date of the referendum.

(2) Those papers are—

(a) the packets of ballot papers in the counting officer’s possession,

(b) the ballot paper accounts, the statements of rejected ballot papers and the verification statements,

(c) the tendered votes list, the assisted voters list, the marked votes list, the polling day alterations lists and the companion declarations,

(d) the packets of the completed corresponding numbers lists,

(e) the packets of the certificates mentioned in rule 15(6), and

(f) the packets containing marked copies of the Polling List (including any marked copy notices issued under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act) and of the postal voters list, of lists of proxies and of the proxy postal voters list.

Retention and public inspection of papers

38

(1) The proper officer of the council must retain for one year all papers received by virtue of rule 37.

(2) Those papers, except ballot papers, completed corresponding number lists and the certificates mentioned in rule 15(6), are to be made available for public inspection at such times and in such manner as the proper officer may determine.

(3) A person inspecting marked copies of the Polling List may not—

(a) make copies of any part of them, or

(b) record any particulars included in them,

otherwise than by means of hand-written notes.

(4) A person who makes a copy of marked copies of the Polling List, or records any particulars included in them, otherwise than by means of hand-written notes commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5) After the expiry of one year, the proper officer must ensure that the papers are securely destroyed, unless otherwise directed by an order of the Court of Session or a sheriff principal.

Retention and public inspection of certifications

39

(1) The Chief Counting Officer must retain for one year—

(a) certifications made by counting officers under section 7(2)(b), and

(b) certifications made by the Chief Counting Officer under section 7(4).

(2) Those certifications are to be made available for public inspection at such times and in such manner as the Chief Counting Officer may determine.

Orders for production of documents

40

(1) The Court of Session or a sheriff principal may make an order mentioned in paragraph (2) if the Court or the sheriff principal is satisfied by evidence on oath that the order is required for the purpose of—

(a) instituting or maintaining a prosecution for an offence in relation to ballot papers, or

(b) proceedings brought as mentioned in section 34.

(2) An order referred to in paragraph (1) is an order for—

(a) the inspection or production of any rejected ballot papers in the custody of a proper officer,

(b) the opening of a sealed packet of the completed corresponding number lists or of the certificates mentioned in rule 15(6), or

(3) An order under this rule may be made subject to such conditions as to—

(a) persons,

(b) time,

(d) production or opening,

as the Court or the sheriff principal considers expedient.

(4) In making and carrying out an order mentioned in paragraph (2)(b) or (c), care must be taken to ensure that the way in which the vote of any particular voter has been given will not be disclosed until it is proved—

(a) that such vote was given, and

(b) that such vote has been declared by a competent court to be invalid.

(5) Any power given to the Court of Session or a sheriff principal under this rule may be exercised by any judge of the Court, or by the sheriff principal, otherwise than in open court.

(6) An appeal lies to the Court of Session from any order of a sheriff principal under this rule.

(7) Where an order is made for the production by a proper officer of any document in that officer’s custody relating to the referendum—

(a) the production by such officer or the officer’s agent of the document ordered in such manner as may be directed by that order is conclusive evidence that the document relates to the referendum, and

(b) any endorsement on any packet of ballot papers so produced is prima facie evidence that the ballot papers are what they are stated to be by the endorsement.

(8) The production from the proper officer’s custody of—

(a) a ballot paper purporting to have been used at the referendum, and

(b) a completed corresponding number list with a number marked in writing beside the number of the ballot paper,

is prima facie evidence that the voter whose vote was given by that ballot paper was the person whose entry in the Polling List (or on a notice issued under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act) at the time of the referendum contained the same number as the number marked as mentioned in sub-paragraph (b).

(9) Except as provided by this rule, no person is to be allowed to—

(a) inspect any rejected or counted ballot papers in the custody of the proper officer, or

(b) open any sealed packet of the completed corresponding number list or of the certificates mentioned in rule 15(6).

Power of Chief Counting Officer to prescribe

41

(1) In this schedule, “prescribed” means prescribed by the Chief Counting Officer.

(2) Where a form is prescribed under paragraph (1), the form may be used with such variations as the circumstances may require.

SCHEDULE 4

PART 1 — Interpretation

Interpretation of schedule

1

(1) In this schedule—

“bequest” includes any form of testamentary disposition,

“body”, without more, includes a body corporate or any combination of persons or other unincorporated associations,

“broadcaster” means— the holder of a licence under the Broadcasting Act 1990 or 1996, or the British Broadcasting Corporation,

“exempt trust donation” has the meaning given by section 162 of the 2000 Act,

“market value”, in relation to any property, means the price which might reasonably be expected to be paid for the property on a sale in the open market,

“property” includes any description of property, and references to the provision of property accordingly include the supply of goods,

“qualified auditor” has the meaning given by section 160 of the 2000 Act.

(2) For the purposes of this schedule, each of the following is a “permissible donor”—

(a) an individual registered in an electoral register,

(b) a company—

(i) registered under the Companies Act 2006,

(ii) incorporated within the United Kingdom or another member State, and

(iii) carrying on business in the United Kingdom,

(d) a trade union entered in the list kept under the Trade Union and Labour Relations (Consolidation) Act 1992 or the Industrial Relations (Northern Ireland) Order 1992 (SI 1992/807),

(e) a building society (within the meaning of the Building Societies Act 1986),

(f) a limited liability partnership—

(i) registered under the Limited Liability Partnerships Act 2000, and

(ii) carrying on business in the United Kingdom,

(g) a friendly society registered under the Friendly Societies Act 1974 or a society registered (or deemed to be registered) under the Industrial and Provident Societies Act 1965 or the Industrial and Provident Societies Act (Northern Ireland) 1969, and

(h) any unincorporated association of two or more persons which—

(i) does not fall within any of the preceding paragraphs,

(ii) carries on business or other activities wholly or mainly in the United Kingdom, and

(iii) has its main office in the United Kingdom.

(3) In this schedule, “electoral register” means any of the following—

(a) a register of parliamentary or local government electors for any area (whether or not in Scotland) maintained under section 9 of the 1983 Act,

(b) a register of relevant citizens of the European Union prepared under the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001 (SI 2001/1184),

(4) References in this schedule (in whatever terms) to payments out of public funds are references to any of the following—

(a) payments out of—

(i) the Consolidated Fund of the United Kingdom, the Scottish Consolidated Fund, the Consolidated Fund of Northern Ireland or the Welsh Consolidated Fund, or

(ii) money provided by Parliament or appropriated by Act of the Northern Ireland Assembly,

(b) payments by—

(i) a Minister of the Crown, the Scottish Ministers, a Minister within the meaning of the Northern Ireland Act 1998 or the Welsh Ministers (including the First Minister for Wales or the Counsel General to the Welsh Assembly Government), or

(ii) a government department (including a Northern Ireland department) or a part of the Scottish Administration,

(d) payments by the Electoral Commission.

(5) References in this schedule (in whatever terms) to expenses met, or things provided, out of public funds are references to expenses met, or things provided, by means of payments out of public funds.

PART 2 — Permitted participants and designated organisations

Permitted participants

2

(1) For the purposes of this schedule, a registered party, a qualifying individual or a qualifying body may make a declaration to the Electoral Commission in accordance with this paragraph and paragraph 3 identifying the outcome for which the party, individual or body proposes to campaign at the referendum.

(2) A party, individual or body which has made a declaration in accordance with this paragraph and paragraph 3 is referred to in this Act as a “permitted participant”.

(3) A “qualifying individual” is an individual who is—

(a) resident in the United Kingdom, or

(b) registered in—

(i) an electoral register, or

(ii) the register of young voters.

(4) A “qualifying body” is a body which is—

(a) a company—

(i) registered under the Companies Act 2006,

(ii) incorporated within the United Kingdom or another member State, and

(iii) carrying on business in the United Kingdom,

(b) a trade union entered in the list kept under the Trade Union and Labour Relations (Consolidation) Act 1992 or the Industrial Relations (Northern Ireland) Order 1992 (SI 1992/807),

(d) a limited liability partnership—

(i) registered under the Limited Liability Partnerships Act 2000, and

(ii) carrying on business in the United Kingdom,

(e) a friendly society registered under the Friendly Societies Act 1974 or a society registered (or deemed to be registered) under the Industrial and Provident Societies Act 1965 or the Industrial and Provident Societies Act (Northern Ireland) 1969, or

(f) an unincorporated association of two or more persons which—

(i) does not fall within any of the preceding paragraphs,

(ii) carries on business or other activities wholly or mainly in the United Kingdom, and

(iii) has its main office in the United Kingdom.

Further provision about declarations under paragraph 2

3

(1) A declaration under paragraph 2 by a registered party—

(a) must be signed by the responsible officers of the party (within the meaning of section 64(7) of the 2000 Act), 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 this schedule.

(2) A declaration under paragraph 2 by a qualifying individual must—

(a) state the individual’s full name and home address, and

(b) be signed by the individual.

(3) A declaration under paragraph 2 by a qualifying body must—

(a) 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 the 2000 Act 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 this schedule, and

(b) be signed by the body’s secretary or a person who acts in a similar capacity in relation to the body.

(4) If, at any time before the end of the compliance period, any statement which is contained in a notification under sub-paragraph (1)(b) or, in accordance with any provision of sub-paragraph (2) or (3), is contained in a declaration under paragraph 2, ceases to be accurate, the permitted participant by whom the notification was given or declaration was made must give the Electoral Commission a notification (“a notification of alteration”) replacing the statement with another statement—

(a) contained in the notification of alteration, and

(b) conforming with sub-paragraph (1)(b), (2) or (as the case may be) (3).

(5) For the purposes of sub-paragraph (4), “the compliance period” is the period during which any provision of this schedule remains to be complied with on the part of the permitted participant.

Further provision about responsible persons

4

(1) A person who is the responsible person in relation to a permitted participant may not make a declaration under paragraph 2 as a qualifying individual or on behalf of a qualifying body.

(2) An individual who is a permitted participant ceases to be a permitted participant if the individual is the treasurer of a registered party (other than a minor party) that becomes a permitted participant.

(3) A declaration made or notification given by a minor party or a qualifying body does not comply with the requirement in paragraph 3(1)(b) or (3)(a)(ii) if the person whose name is stated—

(a) is already the responsible person in relation to a permitted participant,

(b) is an individual who makes a declaration under paragraph 2 at the same time, or

(c) is the person whose name is stated, in purported compliance with paragraph 3(1)(b) or (3)(a)(ii), in a declaration made or notification given at the same time by another minor party or qualifying body.

(4) Where a registered party (other than a minor party) makes a declaration under paragraph 2 and the treasurer of the party (“T”) is already the responsible person in relation to a permitted participant (“P”)—

(a) T ceases to be the responsible person in relation to P at the end of the period of 14 days beginning with the day on which (by reason of the declaration) T becomes the responsible person for the party,

(b) P must, before the end of that period, give a notice of alteration under paragraph 3(4) stating the name of the person who is to replace T as the responsible person in relation to P.

(5) In sub-paragraphs (3) and (4), “the person”, in relation to a qualifying body, is to be read as “the person or officer”.

Register of declarations under paragraph 2

5

(1) The Electoral Commission must maintain a register of all declarations made to them under paragraph 2.

(2) The register is to be maintained by the Commission in such form as the Commission may determine.

(3) The register must contain, in relation to each declaration, all of the information supplied to the Commission in connection with the declaration in accordance with paragraph 3.

(4) Where a declaration is made to the Commission under paragraph 2, the Commission must cause the information mentioned in sub-paragraph (3) to be entered in the register as soon as is reasonably practicable.

(5) Where a notification of alteration is given to the Commission under paragraph 3(4) the Commission must cause any change required as a consequence of the notification to be made in the register as soon as is reasonably practicable.

(6) The information to be entered in the register in respect of a permitted participant who is an individual must not include the individual’s home address.

Designated organisations

6

(1) The Electoral Commission may, in relation to each of the two possible outcomes in the referendum, designate under this paragraph one permitted participant as representing those campaigning for the outcome in question.

(2) The Commission may make a designation under this paragraph only on an application made under paragraph 7.

(3) The Commission may designate a permitted participant under this paragraph in relation to one of the possible outcomes whether or not a permitted participant is designated in relation to the other possible outcome.

(4) A permitted participant designated under this paragraph is referred to in this Act as a “designated organisation”.

Applications for designation under paragraph 6

7

(1) A permitted participant seeking to be designated under paragraph 6 must make an application for that purpose to the Electoral Commission.

(2) An application for designation must—

(a) be accompanied by information or statements designed to show that the applicant adequately represents those campaigning for the outcome in the referendum in relation to which the applicant seeks to be designated, and

(b) be made within the application period.

(3) Where an application for designation has been made to the Commission in accordance with this paragraph, the application must be determined by the Commission within the decision period.

(4) If there is only one application in relation to a particular outcome in the referendum, the Commission must designate the applicant unless they are not satisfied that the applicant adequately represents those campaigning for that outcome.

(5) If there is more than one application in relation to a particular outcome in the referendum, the Commission must designate whichever of the applicants appears to them to represent to the greatest extent those campaigning for that outcome unless they are not satisfied that any of the applicants adequately represents those campaigning for that outcome.

(6) In this paragraph—

“the application period” is the period of 28 days ending with the day before the first day of the decision period, and

“the decision period” is the period of 16 days ending with the 28th day before the first day of the referendum period.

Designated organisation’s right to use rooms for holding public meetings

8

(1) Subject to the provisions of this paragraph, persons authorised by a designated organisation are entitled, for the purpose of holding public meetings in furtherance of the organisation’s referendum campaign, to the use free of charge, at reasonable times during the relevant period, of—

(a) a suitable room in the premises of a school to which this paragraph applies in accordance with sub-paragraph (2), and

(b) any meeting room to which this paragraph applies in accordance with sub-paragraph (3).

For this purpose, “the relevant period” means the period of 28 days ending with the day before the date of the referendum.

(2) This paragraph applies to any school maintained by an education authority.

(3) This paragraph applies to meeting rooms situated in Scotland the expense of maintaining which is payable wholly or mainly by—

(a) the Scottish Ministers or any other part of the Scottish Administration, or

(b) any Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998).

(4) Where a room is used for a meeting in pursuance of the rights conferred by this paragraph, the person by whom or on whose behalf the meeting is convened—

(a) must pay any expenses incurred in preparing, warming, lighting and cleaning the room and providing attendance for the meeting and restoring the room to its usual condition after the meeting, and

(b) must pay for any damage done to the room or the premises in which it is situated, or to the furniture, fittings or apparatus in the room or premises.

(5) A person is not entitled to exercise the rights conferred by this paragraph except on reasonable notice; and this paragraph does not authorise any interference with the hours during which a room in school premises is used for educational purposes, or any interference with the use of a meeting room either for the purposes of the person maintaining it or under a prior agreement for its letting for any purpose.

(6) For the purposes of this paragraph (except those of paragraph (b) of sub-paragraph (4)), the premises of a school are not to be taken to include any private dwelling.

(7) In this paragraph—

“dwelling” includes any part of a building where that part is occupied separately as a dwelling,

“meeting room” means any room which it is the practice to let for public meetings, and

“room” includes a hall, gallery or gymnasium.

Supplementary provisions about use of rooms for public meetings

9

(1) This paragraph has effect with respect to the rights conferred by paragraph 8 and the arrangements to be made for their exercise.

(2) Any arrangement for the use of a room in school premises is to be made with the education authority maintaining the school.

(3) Any question as to the rooms in school premises which a person authorised by a designated organisation is entitled to use, or as to the times at which the person is entitled to use them, or as to the notice which is reasonable, is to be determined by the Scottish Ministers.

(4) Any person authorised by a designated organisation is entitled at all reasonable hours to inspect—

(a) any lists prepared in pursuance of paragraph 6 of Schedule 5 to the 1983 Act (use of rooms for parliamentary election meetings), or

(b) a copy of any such lists,

in connection with exercising the rights conferred by paragraph 8.

PART 3 — Referendum expenses

Referendum expenses

10

(1) The following provisions have effect for the purposes of this schedule.

(2) “Referendum expenses” means expenses incurred by or on behalf of any individual or body which are—

(a) expenses falling within paragraph 11, and

(b) incurred for referendum purposes.

(3) Expenses are incurred for referendum purposes if they are incurred—

(a) in connection with the conduct or management of a referendum campaign, or

(b) otherwise in connection with promoting or procuring any particular outcome in the referendum.

Expenses qualifying where incurred for referendum purposes

11

(1) For the purposes of paragraph 10(2)(a) the expenses falling within this paragraph are expenses incurred in respect of any of the matters set out in the following list––

Referendum campaign broadcasts. (Expenses in respect of such broadcasts include agency fees, design costs and other costs in connection with preparing and producing such broadcasts.)

Advertising of any nature (whatever the medium used.) (Expenses in respect of such advertising include agency fees, design costs and other costs in connection with preparing, producing, distributing or otherwise disseminating such advertising or anything incorporating such advertising and intended to be distributed for the purpose of disseminating it.)

Unsolicited material addressed to voters (whether addressed to them by name or intended for delivery to households within any particular area or areas). (Expenses in respect of such material include design costs and other costs in connection with preparing, producing or distributing or otherwise disseminating such material (including the cost of postage).)

Any material to which paragraph 26 applies. (Expenses in respect of such material include design costs and other costs in connection with preparing, producing or distributing or otherwise disseminating such material.)

Market research or canvassing conducted for the purpose of ascertaining voting intentions.

The provision of any services or facilities in connection with press conferences or other dealings with the media.

Transport (by any means) of persons to any place or places with a view to obtaining publicity in connection with a referendum campaign. (Expenses in respect of such transport include the costs of hiring a particular means of transport for the whole or part of the period during which the campaign is being conducted.)

Rallies and other events, including public meetings (but not annual or other party conferences) organised so as to obtain publicity in connection with a referendum campaign or for other purposes connected with a referendum campaign. (Expenses in respect of such events include costs incurred in connection with the attendance of persons at such events, the hire of premises for the purposes of such events or the provision of goods, services or facilities at them.)

(2) Nothing in sub-paragraph (1) is to be taken as extending to—

(a) any expenses in respect of any property, services or facilities so far as those expenses fall to be met out of public funds,

(b) any expenses incurred in respect of the remuneration or allowances payable to any member of the staff (whether permanent or otherwise) of the campaign organiser,

(c) any expenses incurred in respect of an individual (“A”) by way of travelling expenses (by any means of transport) or in providing for A’s accommodation or other personal needs to the extent that the expenses are paid by A from A’s own resources and are not reimbursed to A, or

(d) any expenses incurred in respect of the publication of any matter relating to the referendum (other than an advertisement) in—

(i) a newspaper or periodical,

(ii) a broadcast made by the British Broadcasting Corporation, or

(iii) a programme included in any service licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996.

(3) The Electoral Commission may issue, and from time to time revise, a code of practice giving guidance as to the kinds of expenses which do, or do not, fall within this paragraph.

(4) As soon as practicable after issuing or revising a code of practice under sub-paragraph (3), the Commission must send a copy to the Scottish Ministers.

(5) The Scottish Ministers must lay before the Scottish Parliament a copy of the code or (as the case may be) the revised code.

Notional referendum expenses

12

(1) This paragraph applies where, in the case of any individual or body—

(a) either—

(i) property is transferred to the individual or body free of charge or at a discount of more than 10 per cent of its market value, or

(ii) property, services or facilities is or are provided for the use or benefit of the individual or body free of charge or at a discount of more than 10 per cent of the commercial rate for the use of the property or for the provision of the services or facilities, and

(b) the property, services or facilities is or are made use of by or on behalf of the individual or body in circumstances such that, if any expenses were to be (or are) actually incurred by or on behalf of the individual or body in respect of that use, they would be (or are) referendum expenses incurred by or on behalf of the individual or body.

(2) Where this paragraph applies, an amount of referendum expenses determined in accordance with this paragraph (“the appropriate amount”) is to be treated, for the purposes of this schedule, as incurred by the individual or body during the period for which the property, services or facilities is or are made use of as mentioned in sub-paragraph (1)(b).

(3) Sub-paragraph (2) is subject to sub-paragraph (13).

(4) Where sub-paragraph (1)(a)(i) applies, the appropriate amount is such proportion as is reasonably attributable to the use made of the property as mentioned in sub-paragraph (1)(b) of either—

(a) the market value of the property (where the property is transferred free of charge), or

(b) the difference between the market value of the property and the amount of expenses actually incurred by or on behalf of the individual or body in respect of the property (where the property is transferred at a discount).

(5) Where sub-paragraph (1)(a)(ii) applies the appropriate amount is such proportion as is reasonably attributable to the use made of the property, services or facilities as mentioned in sub-paragraph (1)(b) of either—

(a) the commercial rate for the use of the property or the provision of the services or facilities (where the property, services or facilities is or are provided free of charge), or

(b) the difference between that commercial rate and the amount of expenses actually incurred by or on behalf of the individual or body in respect of the use of the property or the provision of the services or facilities (where the property, services or facilities is or are provided at a discount).

(6) Sub-paragraph (7) applies where the services of an employee are made available by the employee’s employer for the use or benefit of an individual or body.

(7) For the purposes of this paragraph, the amount which is to be taken as constituting the commercial rate for the provision of those services is the amount of the remuneration or allowances payable to the employee by the employer in respect of the period for which the employee’s services are made available (but do not include any amount in respect of contributions or other payments for which the employer is liable in respect of the employee).

(8) Where an amount of referendum expenses is treated, by virtue of sub-paragraph (2), as incurred by or on behalf of an individual or body during any period the whole or part of which falls within the referendum period then—

(a) the amount mentioned in sub-paragraph (10) is to be treated as incurred by or on behalf of the individual or body during the referendum period, and

(b) if a return falls to be prepared under paragraph 21 in respect of referendum expenses incurred by or on behalf of the individual or body during that period, the responsible person must make a declaration of that amount.

(9) Sub-paragraph (8) does not apply if the amount referred to in sub-paragraph (8)(a) does not exceed £200.

(10) The amount referred to in sub-paragraph (8)(a) is such proportion of the appropriate amount (determined in accordance with sub-paragraph (4) or (5)) as reasonably represents the use made of the property, services or facilities as mentioned in sub-paragraph (1)(b) during the referendum period.

(11) A person commits an offence if the person knowingly or recklessly makes a false declaration under sub-paragraph (8)(b).

(12) A person who commits an offence under sub-paragraph (11) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both),

(b) on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both).

(13) No amount of referendum expenses is to be regarded as incurred by virtue of sub-paragraph (2) in respect of—

(a) the transmission by a broadcaster of a referendum campaign broadcast,

(b) the provision of any rights conferred on a designated organisation (or persons authorised by such an organisation) by virtue of—

(i) paragraph 8 or 9, or

(ii) paragraph 1 of Schedule 12 (right to send referendum address post free) to the 2000 Act (as applied by article 4 of the Scotland Act 1998 (Modification of Schedule 5) Order 2013 (SI 2013/242)), or

(c) the provision by any individual of the individual’s own services which are provided voluntarily in the individual’s own time and free of charge.

(14) Paragraph 30(5) and (6)(a) applies with any necessary modifications for the purpose of determining, for the purposes of sub-paragraph (1), whether property is transferred to an individual or body.

Restriction on incurring referendum expenses

13

(1) No amount of referendum expenses is to be incurred by or on behalf of a permitted participant except with the authority of—

(a) the responsible person, or

(b) a person authorised in writing by the responsible person.

(2) A person commits an offence if, without reasonable excuse, the person incurs any expenses in contravention of sub-paragraph (1).

(3) A person who commits an offence under sub-paragraph (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) Where, in the case of a permitted participant that is a registered party, any expenses are incurred in contravention of sub-paragraph (1), the expenses do not count for the purposes of paragraphs 18 to 24 as referendum expenses incurred by or on behalf of the permitted participant.

Restriction on payments in respect of referendum expenses

14

(1) No payment (of whatever nature) may be made in respect of any referendum expenses incurred or to be incurred by or on behalf of a permitted participant except by—

(a) the responsible person, or

(b) a person authorised in writing by the responsible person.

(2) A payment made in respect of any such expenses by a person within paragraph (a) or (b) of sub-paragraph (1) must be supported by an invoice or a receipt unless the amount of the payment does not exceed £200.

(3) Where a person within paragraph (b) of sub-paragraph (1) makes a payment to which sub-paragraph (2) applies, the person must, as soon as possible after making the payment, deliver to the responsible person—

(a) notification that the payment has been made, and

(b) the supporting invoice or receipt.

(4) A person commits an offence if, without reasonable excuse, the person—

(a) makes a payment in contravention of sub-paragraph (1), or

(b) contravenes sub-paragraph (3).

(5) A person who commits an offence under sub-paragraph (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Restriction on making claims in respect of referendum expenses

15

(1) A claim for payment in respect of referendum expenses incurred by or on behalf of a permitted participant during the referendum period is not payable unless the claim is sent within the period of 30 days after the end of the referendum period to—

(a) the responsible person, or

(b) any other person authorised under paragraph 13 to incur the expenses.

(2) A claim sent in accordance with sub-paragraph (1) must be paid within the period of 60 days after the end of the referendum period.

(3) A person commits an offence if, without reasonable excuse, the person—

(a) pays a claim which by virtue of sub-paragraph (1) is not payable, or

(b) makes a payment in respect of a claim after the end of the period allowed under sub-paragraph (2).

(4) A person who commits an offence under sub-paragraph (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5) In the case of a claim to which sub-paragraph (1) applies—

(a) the person making the claim, or

(b) the person with whose authority the expenses in question were incurred,

may apply to the Electoral Commission for leave for the claim to be paid although sent in after the end of the period mentioned in that sub-paragraph; and the Commission, if satisfied that it is appropriate to do so, may grant the leave.

(6) Nothing in sub-paragraph (1) or (2) applies in relation to any sum paid in pursuance of the leave granted by the Commission.

(7) Sub-paragraph (2) is without prejudice to any rights of a creditor of a permitted participant to obtain payment before the end of the period allowed under that sub-paragraph.

(8) Subsections (9) and (10) of section 77 of the 2000 Act apply for the purposes of this paragraph as if—

(a) any reference to subsection (1) or (2) of that section were a reference to sub-paragraph (1) or (2) above,

(b) any reference to campaign expenditure were a reference to referendum expenses, and

(c) any reference to the treasurer or deputy treasurer of the registered party were a reference to the responsible person in relation to the permitted participant.

Disputed claims

16

(1) This paragraph applies where—

(a) a claim for payment in respect of referendum expenses incurred by or on behalf of a permitted participant as mentioned in paragraph 15(1) is sent to—

(i) the responsible person, or

(ii) any other person with whose authority it is alleged that the expenses were incurred,

within the period allowed under that provision, and

(b) the responsible person or other person to whom the claim is sent fails or refuses to pay the claim within the period allowed under paragraph 15(2).

(2) A claim to which this paragraph applies is referred to in this paragraph as “the disputed claim”.

(3) The person by whom the disputed claim is made may bring an action for the disputed claim, and nothing in paragraph 15(2) applies in relation to any sum paid in pursuance of any judgment or order made by a court in the proceedings.

(4) For the purposes of this paragraph sub-paragraphs (5) and (6) of paragraph 15 apply in relation to an application made by the person mentioned in sub-paragraph (1)(b) above for leave to pay the disputed claim as they apply in relation to an application for leave to pay a claim (whether it is disputed or otherwise) which is sent in after the period allowed under paragraph 15(1).

Rights of creditors

17

Nothing in this schedule which prohibits—

(a) payments and contracts for payments,

(b) the payment or incurring of referendum expenses in excess of the maximum amount allowed by this schedule, or

affects the right of any creditor, who, when the contract was made or the expense was incurred, was ignorant of that contract or expense being in contravention of this schedule.

General restriction on referendum expenses

18

(1) This paragraph applies in relation to an individual or body that is not a permitted participant.

(2) The total referendum expenses incurred by or on behalf of an individual or a body to which this paragraph applies during the referendum period must not exceed £10,000.

(3) Where, during the referendum period, any referendum expenses are incurred by or on behalf of an individual to which this paragraph applies in excess of the limit imposed by sub-paragraph (2), the individual commits an offence if the individual knew, or ought reasonably to have known, that the expenses were being incurred in excess of that limit.

(4) An individual who commits an offence under sub-paragraph (3) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both),

(b) on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both).

(5) Where, during the referendum period, any referendum expenses are incurred by or on behalf of a body to which this paragraph applies in excess of the limit imposed by sub-paragraph (2), then—

(a) the body commits an offence, and

(b) any person who authorised the expenses to be incurred by or on behalf of the body also commits an offence if the person knew, or ought reasonably to have known, that the expenses would be incurred in excess of that limit.

(6) A body or person who commits an offence under sub-paragraph (5) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both),

(b) on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both).

(7) It is a defence for an individual, body or other person charged with an offence under sub-paragraph (3) or (5) to show—

(a) that any code of practice for the time being issued under paragraph 11(3) was complied with in determining whether to incur any expenses, and

(b) that the limit would not have been exceeded on the basis of compliance with the code of practice as it had effect at that time.

(8) Sub-paragraph (9) applies where—

(a) before the beginning of the referendum period, any expenses are incurred by or on behalf of an individual or body to which this paragraph applies in respect of any property, services or facilities, and

(b) the property, services or facilities is or are made use of by or on behalf of the individual or body during the referendum period in circumstances such that, had any expenses been incurred in respect of that use during that period, they would by virtue of paragraph 10(2) have constituted referendum expenses incurred by or on behalf of the individual or body during that period.

(9) The appropriate proportion of the expenses mentioned in sub-paragraph (8)(a) is to be treated for the purposes of this paragraph as referendum expenses incurred by or on behalf of the individual or body during that period.

(10) For the purposes of sub-paragraph (9) the appropriate proportion of the expenses mentioned in paragraph (a) of sub-paragraph (8) is such proportion of those expenses as is reasonably attributable to the use made of the property, services or facilities as mentioned in paragraph (b) of that sub-paragraph.

Special restrictions on referendum expenses by permitted participants

19

(1) The total referendum expenses incurred by or on behalf of a permitted participant during the referendum period must not exceed—

(a) if the permitted participant is a designated organisation, £1,500,000,

(b) if the permitted participant is not a designated organisation but is a registered party and has a relevant percentage, whichever is the greater of—

(i) the sum calculated by multiplying the sum of £3,000,000 by the party’s relevant percentage, or

(ii) £150,000, or

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