division_name: European Union Referendum Bill (Programme) (No. 2) &#8212; Schedule 3 &#8212; Further provision about the referendum
motion: <p pid="b.187.1/1" pwmotiontext="yes"><i>Amendments made: </i>67,&#160;page&#160;37,&#160;line&#160;24, at end insert&#8212;</p>
  
  <p class="italic" pid="b.187.1/2" pwmotiontext="yes">&#8216;Interpretation</p>
  
  <p pid="b.187.1/3" pwmotiontext="yes">A1 In this Schedule a reference to functions includes functions conferred by any provision of law made in and for Gibraltar.&#8217;</p>
  
  <p class="italic" pid="b.187.1/4" pwmotiontext="yes">This amendment makes it clear that a reference to a function in Schedule 3 includes functions under Gibraltar law (as well as functions under the law of the United Kingdom).</p>
  
  <p pid="b.187.1/5" pwmotiontext="yes">Amendment 68,&#160;page&#160;39,&#160;line&#160;1, at end insert &#8220;and Gibraltar&#8221;</p>
  
  <p class="italic" pid="b.187.1/6" pwmotiontext="yes">This amendment renames (for the purposes of the referendum) the South West region as the South West and Gibraltar region.</p>
  
  <p pid="b.187.1/7" pwmotiontext="yes">Amendment 69,&#160;page&#160;39,&#160;line&#160;6, leave out sub-paragraph (2) and insert&#8212;</p>
  
  <p pid="b.187.1/8" pwmotiontext="yes">&#8216;(2) Where&#8212;</p>
  
  <p pid="b.187.1/9" pwmotiontext="yes">(a) a region mentioned in sub-paragraph (1) (a &#8220;listed region&#8221;), and</p>
  
  <p pid="b.187.1/10" pwmotiontext="yes">(b) a region mentioned in the Table in Schedule 1 to the European Parliamentary Elections Act 2002 (an &#8220;electoral region&#8221;),</p>
  
  <p pid="b.187.1/11" pwmotiontext="yes">have the same name, the listed region comprises the areas specified in relation to that electoral region in that Table as they are for the time being.</p>
  
  <p pid="b.187.1/12" pwmotiontext="yes">(3) The South West and Gibraltar region mentioned in sub-paragraph (1) comprises the areas specified in relation to the South West region in that Table as they are for the time being.</p>
  
  <p pid="b.187.1/13" pwmotiontext="yes">(4) In determining for the purposes of sub-paragraph (2) or (3) what the areas are that are specified in that Table, paragraph 2(2) of Schedule 1 to the European Parliamentary Elections Act 2002 is to be ignored.&#8217;</p>
  
  <p class="italic" pid="b.187.1/14" pwmotiontext="yes">This amendment renames (for the purposes of the referendum) the South West region as the South West and Gibraltar region.</p>
  
  <p pid="b.187.1/15" pwmotiontext="yes">Amendment 70,&#160;page&#160;39,&#160;line&#160;34, at end insert &#8220;and Gibraltar&#8221;</p>
  
  <p class="italic" pid="b.187.1/16" pwmotiontext="yes">This amendment renames (for the purposes of the referendum) the South West region as the South West and Gibraltar region.</p>
  
  <p pid="b.187.1/17" pwmotiontext="yes">Amendment 71,&#160;page&#160;39,&#160;line&#160;37, at end insert&#8212;</p>
  
  <p pid="b.187.1/18" pwmotiontext="yes">&#8216;as counting officer or as Regional Counting Officer (as the case may be)&#8217;.</p>
  
  <p class="italic" pid="b.187.1/19" pwmotiontext="yes">This amendment makes it clear that the duty of the Government of Gibraltar under this paragraph to provide officers to assist the Clerk to the Gibraltar Parliament is limited to assistance in carrying out his functions as counting officer (and not in carrying out his wider functions).</p>
  
  <p pid="b.187.1/20" pwmotiontext="yes">Amendment 72,&#160;page&#160;39,&#160;line&#160;44, leave out &#8220;provided by and under this Act&#8221; and insert&#8212;</p>
  
  <p pid="b.187.1/21" pwmotiontext="yes">&#8216;provided&#8212;</p>
  
  <p pid="b.187.1/22" pwmotiontext="yes">(a) by and under this Act, and</p>
  
  <p pid="b.187.1/23" pwmotiontext="yes">(b) in the case of the Chief Counting Officer, the Regional Counting Officer (if any) appointed for the South West and Gibraltar region and the counting officer for the Gibraltar voting area, by Gibraltar conduct law.&#8217;</p>
  
  <p class="italic" pid="b.187.1/24" pwmotiontext="yes">This amendment ensures that the Chief Counting Officer, Regional Counting Officer for the South West and Gibraltar Region and counting officer for the Gibraltar voting area must do whatever is necessary to conduct the referendum in accordance with Gibraltar conduct law (as well as in accordance with the Act and regulations made under the Act).</p>
  
  <p pid="b.187.1/25" pwmotiontext="yes">Amendment 73,&#160;page&#160;40,&#160;line&#160;8, after &#8220;regulations&#8221; insert&#8212;</p>
  
  <p pid="b.187.1/26" pwmotiontext="yes">&#8216;or Gibraltar conduct law (as the case may be)&#8217;.</p>
  
  <p class="italic" pid="b.187.1/27" pwmotiontext="yes">This amendment ensures that the counting officer for the Gibraltar voting area is responsible for any matters specified in Gibraltar conduct law (as well as any matters specified in conduct regulations made by a UK Minister that extend to Gibraltar).</p>
  
  <p pid="b.187.1/28" pwmotiontext="yes">Amendment 74,&#160;page&#160;41, leave out lines 19 to 36 and insert&#8212;</p>
  
  <p pid="b.187.1/29" pwmotiontext="yes">&#8216;(b) is not in accordance with any requirements applicable to the referendum imposed as described in sub-paragraph (4) or otherwise.</p>
  
  <p pid="b.187.1/30" pwmotiontext="yes">(2) A re-count of votes in reliance on sub-paragraph (1) may only be conducted in the circumstances (if any) specified in conduct regulations or Gibraltar conduct law (as the case may be).</p>
  
  <p pid="b.187.1/31" pwmotiontext="yes">(3) For the purposes of this paragraph each of the following is a &#8220;relevant person&#8221;&#8212;</p>
  
  <p pid="b.187.1/32" pwmotiontext="yes">(a) a registration officer;</p>
  
  <p pid="b.187.1/33" pwmotiontext="yes">(b) the European electoral registration officer for Gibraltar (within the meaning of section 14 of the European Parliament (Representation) Act 2003);</p>
  
  <p pid="b.187.1/34" pwmotiontext="yes">(c) a clerk of, or a person providing goods or services to, the Regional Counting Officer or the counting officer;</p>
  
  <p pid="b.187.1/35" pwmotiontext="yes">(d) any person designated by conduct regulations or Gibraltar conduct law as a relevant person for the purposes of this sub-paragraph;</p>
  
  <p pid="b.187.1/36" pwmotiontext="yes">(e) a deputy or assistant of&#8212;</p>
  
  <p pid="b.187.1/37" pwmotiontext="yes">(i) the Regional Counting Officer or the counting officer, or</p>
  
  <p pid="b.187.1/38" pwmotiontext="yes">(ii) a person mentioned in paragraph (a), (b), (c) or (d).</p>
  
  <p pid="b.187.1/39" pwmotiontext="yes">(4) For the purposes of sub-paragraph (1)(b) requirements are imposed as described in this sub-paragraph if they are imposed&#8212;</p>
  
  <p pid="b.187.1/40" pwmotiontext="yes">(a) by or under this Act, or</p>
  
  <p pid="b.187.1/41" pwmotiontext="yes">(b) in the case of the Regional Counting Officer (if any) appointed for the South West and Gibraltar region, the counting officer for the Gibraltar voting area or a Gibraltar relevant person, by any provision of law made in and for Gibraltar.</p>
  
  <p pid="b.187.1/42" pwmotiontext="yes">(5) For the purposes of sub-paragraph (4)(b) each of the following relevant persons is a &#8220;Gibraltar relevant person&#8221;&#8212;</p>
  
  <p pid="b.187.1/43" pwmotiontext="yes">(a) the European electoral registration officer for Gibraltar (within the meaning of section 14 of the European Parliament (Representation) Act 2003);</p>
  
  <p pid="b.187.1/44" pwmotiontext="yes">(b) a clerk of the Regional Counting Officer (if any) appointed for the South West and Gibraltar region;</p>
  
  <p pid="b.187.1/45" pwmotiontext="yes">(c) a person providing goods or services to the Regional Counting Officer (if any) appointed for the South West and Gibraltar region or to the counting officer for the Gibraltar voting area;</p>
  
  <p pid="b.187.1/46" pwmotiontext="yes">(d) any person designated by conduct regulations or Gibraltar conduct law as a relevant person for the purposes of this sub-paragraph;</p>
  
  <p pid="b.187.1/47" pwmotiontext="yes">(e) a deputy or assistant of&#8212;</p>
  
  <p pid="b.187.1/48" pwmotiontext="yes">(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</p>
  
  <p pid="b.187.1/49" pwmotiontext="yes">(ii) a person mentioned in paragraph (a), (b), (c) or (d).</p>
  
  <p pid="b.187.1/50" pwmotiontext="yes">(6) For the purposes of sub-paragraph (3)(e) and (5)(e) a person (&#8220;A&#8221;) is an assistant of another person (&#8220;P&#8221;) if&#8212;</p>
  
  <p pid="b.187.1/51" pwmotiontext="yes">(a) A is appointed to assist P, or</p>
  
  <p pid="b.187.1/52" pwmotiontext="yes">(b) in the course of employment A is assisting P,</p>
  
  <p pid="b.187.1/53" pwmotiontext="yes">in connection with any function in relation to the referendum.&#8217;</p>
  
  <p class="italic" pid="b.187.1/54" pwmotiontext="yes">This amendment ensures that paragraph 8 of Schedule 3 to the Bill (correction of procedural errors by Regional Counting Officers and counting officers) works as intended in Gibraltar.</p>
  
  <p pid="b.187.1/55" pwmotiontext="yes">Amendment 75,&#160;page&#160;41,&#160;line&#160;38, after &#8220;Act&#8221; insert &#8220;or Gibraltar conduct law&#8221;.</p>
  
  <p class="italic" pid="b.187.1/56" pwmotiontext="yes">This amendment ensures that the requirements which are set out about how public notices must be given also apply to public notices which are required by Gibraltar conduct law.</p>
  
  <p pid="b.187.1/57" pwmotiontext="yes">Amendment 76,&#160;page&#160;42,&#160;line&#160;12, leave out sub-paragraph (4) and insert&#8212;</p>
  
  <p pid="b.187.1/58" pwmotiontext="yes">&#8216;(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.&#8217;</p>
  
  <p class="italic" pid="b.187.1/59" pwmotiontext="yes">This amendment recognises that Gibraltar conduct law (as well as conduct regulations made by a UK Minister) may specify who is to be treated as having voted in the referendum (for the purposes of the Electoral Commission publishing estimates of turnout for the referendum in England, Wales, Scotland, Northern Ireland and Gibraltar).</p>
  
  <p pid="b.187.1/60" pwmotiontext="yes">Amendment 77,&#160;page&#160;42,&#160;line&#160;32, at end insert&#8212;</p>
  
  <p pid="b.187.1/61" pwmotiontext="yes">&#8216;( ) A reference in this paragraph to &#8220;a registration officer&#8221; includes the European electoral registration officer for Gibraltar (within the meaning of section 14 of the European Parliament (Representation) Act 2003).&#8217; &#8212;<i>(Mr Lidington.)</i></p>
  
  <p class="italic" pid="b.187.1/62" pwmotiontext="yes">This amendment ensures that the Gibraltar registration officer (like other registration officers) is required to take appropriate steps to encourage participation in the referendum.</p>
  
  <p class="italic" pid="b.187.1/63" pwmotiontext="yes">More than six hours having elapsed since the commencement of proceedings on consideration, the Deputy Speaker put forthwith the Question necessary to bring proceedings to a conclusion (Programme Order, this day).</p>
  
  <p pid="b.187.1/64" pwmotiontext="yes"><i>Question put, </i>That the Bill be now read the Third time.</p>
  
  <p class="italic" pid="b.187.1/65" pwmotiontext="yes">The House divided:</p>
  
  <p pid="b.187.1/66" pwmotiontext="yes">Ayes 316, Noes 53.</p>