European Union Referendum Act 2015

• (i) the Regional Counting Officer (if any) appointed for the South West and Gibraltar region or the counting officer for the Gibraltar voting area, or

• (ii) a person mentioned in paragraph (a), (b), (c) or (d).

• (6) For the purposes of sub-paragraph (3)(e) and (5)(e) a person (“A”) is an assistant of another person (“P”) if—

• (a) A is appointed to assist P, or

• (b) in the course of employment A is assisting P,

in connection with any function in relation to the referendum.

Public notices

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A public notice required by or under this Act or Gibraltar conduct law to be given by the Chief Counting Officer, a Regional Officer or a counting officer must be given—

• (a) by posting the notice in some conspicuous place in the area or region for which the officer acts, or

• (b) in whatever other manner the officer thinks desirable for publicising it.

Role of Electoral Commission

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• (1) The Electoral Commission must take whatever steps they think appropriate to promote public awareness about the referendum and how to vote in it.

• (2) Following the referendum, the Electoral Commission must—

• (a) publish the most accurate estimate that it is reasonably possible to make of the turnout in each of England, Wales, Scotland, Northern Ireland and Gibraltar, and

• (b) include that information in any report they submit under section 6(1)(b) of the 2000 Act which relates to the referendum.

• (3) In sub-paragraph (2) “turnout” means the percentage of those entitled to vote in the referendum who did so.

• (4) The reference in sub-paragraph (3) to those entitled to vote in the referendum who did so includes any persons entitled to vote who conduct regulations or Gibraltar conduct law provides are to be treated for the purposes of sub-paragraph (3) as having voted.

Encouraging participation

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• (1) The Chief Counting Officer must take whatever steps the officer thinks appropriate to encourage participation in the referendum.

• (2) An officer to whom sub-paragraph (3) applies must take whatever steps the officer thinks appropriate to encourage participation in the referendum in the area or region for which the officer acts.

• (3) This sub-paragraph applies to—

• (a) a Regional Counting Officer;

• (b) a counting officer;

• (c) a registration officer.

• (4) The Chief Counting Officer must take whatever steps the officer thinks appropriate to facilitate co-operation between that officer and the officers to whom sub-paragraph (3) applies in taking any steps under sub-paragraph (1) or (2).

• (5) In discharging the duty imposed by sub-paragraph (1) or (2) an officer must have regard to any guidance issued by the Electoral Commission.

• (6) The Minister may reimburse any expenditure incurred by an officer for the purposes of sub-paragraph (1) or (2).

• (7) A reference in this paragraph to “a registration officer” includes the European electoral registration officer for Gibraltar (within the meaning of section 14 of the European Parliament (Representation) Act 2003).

Supply and use of register of electors

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• (1) The Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) have effect for the purposes of the referendum with the following modifications.

• (2) Regulation 106 (supply of full register etc to registered political parties etc and restrictions on use) has effect for those purposes as if—

• (a) in paragraph (1)(c), for “, other than a registered political party” there were substituted “ which either is not a registered political party or is a minor party within the meaning of section 160(1) of that Act ”, and

• (b) at the end of paragraph (4)(b)(ii) there were inserted

, and (iii) the purposes of complying with the requirements of Schedule 15A to that Act (control of loans etc to certain permitted participants), and (iv) the purposes of complying with the requirements of paragraphs 39 and 40 of Schedule 1 and paragraphs 5 and 6 of Schedule 2 to the European Union Referendum Act 2015.

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• (1) The Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497) have effect for the purposes of the referendum with the following modifications.

• (2) Regulation 105 (supply of full register etc to registered political parties etc and restrictions on use) has effect for those purposes as if—

• (a) in paragraph (1)(c), for “, other than a registered political party” there were substituted “ which either is not a registered political party or is a minor party within the meaning of section 160(1) of that Act ”, and

• (b) at the end of paragraph (4)(b)(ii) there were inserted

, and (iii) the purposes of complying with the requirements of Schedule 15A to that Act (control of loans etc to certain permitted participants), and (iv) the purposes of complying with the requirements of paragraphs 39 and 40 of Schedule 1 and paragraphs 5 and 6 of Schedule 2 to the European Union Referendum Act 2015.

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• (1) The Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741) have effect for the purposes of the referendum with the following modifications.

• (2) Regulation 105 (supply of full register etc to registered political parties etc and restrictions on use) has effect for those purposes as if—

• (a) in paragraph (1)(c), for “, other than a registered political party” there were substituted “ which either is not a registered political party or is a minor party within the meaning of section 160(1) of that Act ”, and

• (b) at the end of paragraph (4)(b)(ii) there were inserted

; and (iii) the purposes of complying with the requirements of Schedule 15A to that Act (control of loans etc to certain permitted participants); and (iv) the purposes of complying with the requirements of paragraphs 39 and 40 of Schedule 1 and paragraphs 5 and 6 of Schedule 2 to the European Union Referendum Act 2015.

Payments to counting officers and Regional Counting Officers

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• (1) Subject to sub-paragraphs (3) and (4), a counting officer or Regional Counting Officer is entitled to recover his or her charges in respect of services rendered, or expenses incurred, for or in connection with the referendum if—

• (a) the services were necessarily rendered, or the expenses were necessarily incurred, for the efficient and effective conduct of the referendum, and

• (b) the total of the officer's charges does not exceed the amount (“the overall maximum recoverable amount”) specified in, or determined in accordance with, regulations made by the Minister, with the consent of the Treasury, for the purposes of this sub-paragraph.

• (2) Sub-paragraph (3) applies to a service rendered by—

• (a) the counting officer for a voting area in England, Wales or Scotland,

• (b) the Clerk to the Gibraltar Parliament, as counting officer for the Gibraltar voting area, or

• (c) a Regional Counting Officer,

which in the opinion of the Electoral Commission was inadequately performed.

• (3) In respect of a service to which this sub-paragraph applies, the officer is entitled under sub-paragraph (1) to no more than the amount (which may be nil) that seems reasonable in all the circumstances—

• (a) to the Commission, or

• (b) on a taxation under paragraph 17, to the county court, the Auditor of the Court of Session or the Gibraltar court (as the case may be).

• (4) Regulations under sub-paragraph (1) may specify, or make provision for determining in accordance with the regulations, a maximum recoverable amount for services or expenses of a specified description—

• (a) for counting officers;

• (b) for Regional Counting Officers.

Subject to sub-paragraph (5), an officer may not recover more than the specified amount in respect of such services or expenses.

• (5) In a particular case the Electoral Commission may, with the consent of the Treasury, authorise the payment of—

• (a) more than the overall maximum recoverable amount, or

• (b) more than the amount specified as the maximum recoverable amount for services or expenses of a specified description,

if the Commission are satisfied that the conditions in sub-paragraph (6) are met.

• (6) The conditions are—

• (a) that it was reasonable for the officer concerned to render the services or incur the expenses, and

• (b) that the charges in question are reasonable.

• (7) The Chief Counting Officer is entitled to recover expenses incurred by that officer for or in connection with the referendum if—

• (a) the expenses are of a kind that would otherwise have been incurred by counting officers or Regional Counting Officers, and

• (b) the Chief Counting Officer considered that it would be more economical for the expenses to be incurred by that officer instead.

• (8) The Electoral Commission must pay the amount of any charges recoverable in accordance with this paragraph on an account being submitted to them.

• (9) At the request of a counting officer or Regional Counting Officer or the Chief Counting Officer, the Electoral Commission may make an advance on account of the officer's charges on such terms as they think fit.

• (10) The Electoral Commission may by regulations make provision as to the time when and the manner and form in which accounts are to be rendered to the Commission for the purposes of the payment of the charges of a counting officer or Regional Counting Officer or the Chief Counting Officer.

• (11) Regulations under this paragraph may make different provision for different cases or areas.

• (12) Any sums required by the Electoral Commission for making payments under this paragraph are to be charged on and paid out of the Consolidated Fund.

Taxation of counting officer’s or Regional Counting Officer’s account

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• (1) An application for the account of a counting officer or Regional Counting Officer to be taxed may be made—

• (a) except where any of paragraphs (b) to (d) applies, to the county court;

• (b) in the case of the Chief Electoral Officer for Northern Ireland, to the county court that has jurisdiction at the place where the officer certified the number of ballot papers counted and votes cast;

• (c) where the officer is one who was appointed for an area in Scotland, or for the region of Scotland, to the Auditor of the Court of Session;

• (d) in the case of the Clerk to the Gibraltar Parliament, to the Gibraltar court.

• (2) On any such application the court has jurisdiction to tax the account in whatever manner and at whatever time and place the court thinks fit, and finally to determine the amount payable to the officer.

• (3) Where an application is made for the account of a counting officer or Regional Counting Officer to be taxed, the officer may apply to the court for it to examine any claim made by any person (“the claimant”) against the officer in respect of matters charged in the account.

• (4) On an application under sub-paragraph (3), after the claimant has been given notice and an opportunity to be heard and to tender any evidence, the court may allow, disallow or reduce the claim, with or without costs.

• (5) A reference in this paragraph to “the court” includes a reference to the Auditor of the Court of Session.

• (6) In this paragraph, “Gibraltar court” means the court determined by or under the law of Gibraltar to be the court for the purpose of this paragraph.

Electoral Commission accounts

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• (1) If directed to do so by the Treasury, the Electoral Commission must prepare accounts in respect of their expenditure in relation to the referendum.

• (2) Accounts under this paragraph must be prepared in accordance with directions given to the Commission by the Treasury.

• (3) Directions under sub-paragraph (2) may include, in particular, directions as to—

• (a) the information to be contained in the accounts and the manner in which it is to be presented,

• (b) the methods and principles in accordance with which the accounts are to be prepared, and

• (c) the additional information (if any) that is to accompany the accounts.

• (4) Accounts under this paragraph must be submitted by the Commission to—

• (a) the Comptroller and Auditor General, and

• (b) the Speaker's Committee,

as soon may be practicable after the giving of the direction under sub-paragraph (1).

Restriction on challenge to referendum result

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• (1) No court may entertain any proceedings for questioning the number of ballot papers counted or votes cast in the referendum as certified by the Chief Counting Officer or a Regional Counting Officer or counting officer unless—

• (a) the proceedings are brought by a claim for judicial review, and

• (b) the claim form is filed before the end of the permitted period.

• (2) In sub-paragraph (1) “the permitted period” means the period of 6 weeks beginning with—

• (a) the day on which the officer in question gives a certificate as to the number of ballot papers counted and votes cast in the referendum, or

• (b) if the officer gives more than one such certificate, the day on which the last is given.

• (3) In the application of this paragraph to Scotland, sub-paragraph (1) has effect—

• (a) with the substitution in paragraph (a) of “a petition” for “a claim”;

• (b) with the substitution in paragraph (b) of “the petition is lodged” for “the claim form is filed”.

• (4) In the application of this paragraph to Northern Ireland, sub-paragraph (1) has effect—

• (a) with the substitution in paragraph (a) of “an application” for “a claim”;

• (b) with the substitution in paragraph (b) of “the application for leave to apply for judicial review is lodged” for “the claim form is filed”.

• (5) In the application of this paragraph to Gibraltar, sub-paragraph (1) has effect with the substitution in paragraph (a) of “an application” for “a claim”.

The referendum

The referendum period

Permitted participants

Notifications and declarations for purpose of becoming permitted participant

Registration under section 107 of the 2000 Act

Responsible person

Person may not be responsible for compliance for two or more permitted participants

Unincorporated associations with offensive etc names

Designation of organisations: designation of one organisation only

Applying to become a designated organisation: period for making application

Grants to designated organisations may be paid in instalments

Assistance available to designated organisations

Referendum agents

Referendum expenses: definition

Creditors' rights

Expenses incurred by persons acting in concert

Restriction on making claims in respect of referendum expenses

Limits on referendum expenses by permitted participants

Permissible donors: donations to registered parties other than minor parties

Financial limit on certain donations etc to registered parties other than minor parties

Permissible donors: donations to minor parties and to persons who are not parties

Acceptance or return of donations

Evasion of restrictions on donations

Reporting of donations from permissible donors

Returns in respect of referendum expenses and donations

Declaration of responsible person as to donations

Declaration where no referendum expenses incurred in referendum period

Application to Gibraltar public bodies of restriction on publication of promotional material

Reporting of donations during referendum period

Declaration of responsible person as to donation reports under paragraph 39

Public inspection of donation reports under paragraph 39

Referendum campaign broadcasts

Enforcement

Interpretation

Control of loans etc to permitted participants

Further modifications of 2000 Act relating to loans etc

Transactions entered into before commencement: operation of paragraphs 1 and 2

Reporting of regulated transactions during referendum period

Declaration of responsible person as to reports under paragraph 5

Public inspection of reports under paragraph 5

Enforcement

Persons with whom certain registered parties may enter into loan agreements etc

Interpretation

Appointment of Chief Counting Officer

Counting officers

Regional Counting Officers

Assistance to counting officers etc

General duties of counting officers etc

Appointment of deputies and clerks

Counting officers etc: correction of procedural errors

Public notices

Role of Electoral Commission

Encouraging participation

Supply and use of register of electors

Payments to counting officers and Regional Counting Officers

Taxation of counting officer's or Regional Counting Officer's account

Electoral Commission accounts

Restriction on challenge to referendum result

Editorial notes