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Referendums (Scotland) Act 2020

Type Act of the Scottish Parliament

Publication 2020-01-29

Last updated 2026-05-08

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

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(b) which indicates votes in favour of more answers than are permitted,

(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 39.

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 9(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 9(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 9(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 register of local government electors (including any marked copy notices issued under section 13B(3B) or (3D) 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 register of local government electors (including any marked copy notices issued under section 13B(3B) or (3D) 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 register of local government electors 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 register of local government electors, 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 9(2)(b), and

(b) certifications made by the Chief Counting Officer under section 9(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 39.

(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 register of local government electors (or on a notice issued under section 13B(3B) or (3D) 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 3

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, orthe 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 (S.I. 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, a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered (or deemed to be registered) under the Industrial and Provident Societies Act (Northern Ireland) 1969,

(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,

(i) any body incorporated by Royal Charter and not otherwise within this sub-paragraph,

(j) any Scottish charitable incorporated organisation within the meaning of Chapter 7 of Part 1 of the Charities and Trustee Investment (Scotland) Act 2005,

(k) any charitable incorporated organisation within the meaning of Part 11 of the Charities Act 2011 or Part 11 of the Charities Act (Northern Ireland) 2008, and

(l) any partnership constituted under the law of Scotland which carries on its business 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 (S.I. 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 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 an electoral register.

(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 (S.I. 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, a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered (or deemed to be registered) under the Industrial and Provident Societies Act (Northern Ireland) 1969,

(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,

(g) any body incorporated by Royal Charter and not otherwise within this sub-paragraph,

(h) any Scottish charitable incorporated organisation within the meaning of Chapter 7 of Part 1 of the Charities and Trustee Investment (Scotland) Act 2005,

(i) any charitable incorporated organisation within the meaning of Part 11 of the Charities Act 2011 or Part 11 of the Charities Act (Northern Ireland) 2008, or

(j) any partnership constituted under the law of Scotland which carries on its business 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 within any of paragraphs (a) to (f) of paragraph 2(4) 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 of the 2000 Act to be given in respect of such a body as the donor of a recordable donation,

(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

(iii) in the case of a body within paragraph (f) of paragraph 2(4) (unincorporated associations), the details mentioned in sub-paragraph (4),

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

(4) The details referred to in sub-paragraph (3)(a)(iii) are the names of—

(a) where the body has more than 15 members and has officers or a governing body, those officers or the members of the governing body, or

(b) otherwise, the body's members.

(5) A declaration under paragraph 2 by a qualifying body within any of paragraphs (g) to (j) of paragraph 2(4) must—

(a) state—

(i) the details mentioned in sub-paragraph (6), 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.

(6) The details referred to in sub-paragraph (5)(a)(i) are—

(a) in the case of a body within paragraph 2(4)(g) (body incorporated by Royal Charter)—

(i) the name of the body, and

(ii) the address of its main office in the United Kingdom,

(b) in the case of a body within paragraph 2(4)(h) or (i) (charitable incorporate organisation)—

(i) the name of the body, and

(ii) the address of its principal office,

(i) the name of the body, and

(ii) the address of its main office in the United Kingdom.

(7) Sub-paragraph (8) applies if, at any time before the end of the compliance period, any statement which—

(a) is contained in a notification under sub-paragraph (1)(b), or

(b) in accordance with any provision of sub-paragraph (2), (3) or (5), is contained in a declaration under paragraph 2,

ceases to be accurate.

(8) 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), (3) or (as the case may be) (5).

(9) For the purposes of sub-paragraph (7), “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.

(10) A declaration under paragraph 2 must be accompanied by a statement by the person who is the responsible person which—

(a) states that the person is willing to exercise in relation to the referendum the functions conferred by and under this Act on the responsible person, and

(b) is signed by that person.

(11) Sub-paragraph (10) applies to a notification of alteration if the notification replaces a statement under sub-paragraph (1)(b), (3)(a)(ii) or (5)(a)(ii).

Unincorporated associations with offensive or similar names

4

(1) Sub-paragraphs (2) to (4) apply to a declaration made under paragraph 2 by an unincorporated association within sub-paragraph (4)(f) of that paragraph.

(2) The declaration is not to be treated for the purposes of paragraph 2 or 6 as having been made unless the Electoral Commission have accepted the declaration.

(3) As soon as reasonably practicable after receiving the declaration, the Electoral Commission must decide whether or not to accept the declaration and they must accept it unless, in their opinion, the name of the association—

(a) is obscene or offensive,

(b) includes words the publication of which would be likely to amount to the commission of an offence,

(d) would otherwise be likely to result in voters confusing the association with an existing permitted participant.

(4) As soon as reasonably practicable after deciding whether to accept the declaration, the Electoral Commission must give written notice to the association—

(a) stating whether they accept the declaration, and

(b) if their decision is not to accept the declaration, giving the reasons for that decision.

(5) Where—

(a) a permitted participant is an unincorporated association within paragraph 2(4)(f),

(b) the Electoral Commission is notified under paragraph 3(8) of a change of name of the association, and

(i) is obscene or offensive,

(ii) includes words the publication of which would be likely to amount to the commission of an offence,

(iii) is the same as or similar to the name of another permitted participant, or

(iv) would otherwise be likely to result in voters confusing the permitted participant with another permitted participant.

the Electoral Commission does not have to enter the new name in the register under paragraph 6.

(6) If the Electoral Commission decide not to enter the new name in that register, the Electoral Commission—

(a) must as soon as reasonably practicable give written notice to the association of that decision and the reasons for it, and

(b) in any case where they are required to make available for public inspection a document that uses the association's new name, may replace that name in the document with the name that appears on the register in respect of the association.

(7) The fact that the association's new name is not entered in the register does not cause the association to cease to be a permitted participant.

Further provision about responsible persons

5

(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), (3)(a)(ii) or (5)(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), (3)(a)(ii) or (5)(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 notification of alteration under paragraph 3(8) 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”.

(6) Section 25(6) of the 2000 Act (references to the treasurer to be read in certain cases as references to the campaigns officer) applies for the purposes of this Act as it applies for the purposes of Part 7 of that Act.

Register of declarations under paragraph 2

6

(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 practicable.

(5) Where a notification of alteration is given to the Commission under paragraph 3(8) the Commission must cause any change required as a consequence of the notification to be made in the register as soon as 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

7

(1) The Electoral Commission may, in relation to any of the 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 8.

(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 any of the other possible outcomes.

(4) The Commission may designate the same permitted participant under this paragraph in relation to more than one of the possible outcomes.

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

Applications for designation under paragraph 7

8

(1) A permitted participant seeking to be designated under paragraph 7 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 at 12 noon on the day before the first day of the decision period, and

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

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

9

(1) 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 sub-paragraph (4)(b)), 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

10

(1) This paragraph has effect with respect to the rights conferred by paragraph 9 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) The Scottish Ministers may determine any question as to—

(a) the rooms in school premises which a person authorised by a designated organisation is entitled to use,

(b) the times at which the person is entitled to use them,

(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 of 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 9.

PART 3 — Referendum expenses

Referendum expenses

11

(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 12, 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

12

(1) For the purposes of paragraph 11(2)(a) the expenses falling within this paragraph are expenses incurred in respect of any of the matters set out in the following list––

(1) 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.)

(2) 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.)

(3) 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).)

(4) Any material to which paragraph 27 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.)

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

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

(7) 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.)

(8) 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,

(d) reasonable expenses incurred in providing for the protection of persons or property at rallies or other public events,

(e) reasonable expenses incurred that are reasonably attributable to the translation of anything into languages other than English,

(f) 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

(g) 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

13

(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 22 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 9 or 10, or

(ii) any enactment conferring a right to send free of charge postal communications containing matter relating to the referendum, 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 31(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

14

(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 19 to 25 as referendum expenses incurred by or on behalf of the permitted participant.

Restriction on payments in respect of referendum expenses

15

(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

16

(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 14 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

17

(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 16(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 16(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 16(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 16 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 16(1).

Rights of creditors

18

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

19

(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 12(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 11(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

20

(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

(2) For the purposes of sub-paragraph (1)(b)—

(a) a registered party has a relevant percentage if, at the general election for membership of the Scottish Parliament last occurring before the relevant day (“the election”), constituency votes were cast for one or more candidates at the election authorised to use the party's registered name and regional votes were cast for the party, and

(b) a registered party's relevant percentage is equal to the sum (rounded to one decimal place) of—

(i) the total number of constituency votes cast at the election for the candidate or candidates mentioned in paragraph (a) expressed as a percentage of the total number of constituency votes cast at that election for all candidates, multiplied by 56.6%, and

(ii) the total number of regional votes cast at the election for the party expressed as a percentage of the total number of regional votes cast at that election for all registered parties and individual candidates, multiplied by 43.4%.

(3) In sub-paragraph (2)(a) the “relevant day” is the day on which the Act of the Scottish Parliament referred to in section 1(2) or regulations made under that Act come into force.

(4) Sub-paragraph (5) applies in the case where, at the election, a candidate stood for return as a constituency member in the name of more than one registered party.

(5) For the purposes of sub-paragraph (2)(b)(i), the number of constituency votes cast for the candidate is to be divided equally among each of the registered parties in whose name the candidate stood.

(6) In sub-paragraphs (2) to (5)—

“constituency member” has the meaning given in section 126(1) of the Scotland Act 1998,

“constituency vote” means a vote cast for a candidate standing for return as a constituency member,

“regional vote” has the meaning given in section 6(2) of the Scotland Act 1998.

(7) Where any referendum expenses are incurred by or on behalf of a permitted participant during the referendum period in excess of the limit imposed by sub-paragraph (1), then—

(a) if the permitted participant is a registered party—

(i) the party commits an offence, and

(ii) the responsible person or any deputy treasurer of the party also commits an offence if the person or deputy treasurer authorised the expenses to be incurred by or on behalf of the party and knew or ought reasonably to have known that the expenses would be incurred in excess of that limit,

(b) if the permitted participant is an individual, that individual commits an offence if the individual knew or ought reasonably to have known that the expenses would be incurred in excess of that limit,

(i) the body commits an offence, and

(ii) the responsible person commits an offence if the person authorised the expenses to be incurred by or on behalf of the body and knew or ought reasonably to have known that the expenses would be incurred in excess of that limit.

(8) A person who commits an offence under sub-paragraph (7) is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum,

(b) on conviction on indictment, to a fine.

(9) It is a defence for a permitted participant or other person charged with an offence under sub-paragraph (7) to show—

(a) that any code of practice for the time being issued under paragraph 12(3) was complied with in determining the items and amounts of referendum expenses to be entered in the relevant return under paragraph 22, and

(b) that the limit would not have been exceeded on the basis of the items and amounts entered in that return.

(10) Sub-paragraphs (8) to (10) of paragraph 19 apply for the purposes of this paragraph and paragraphs 22 to 25 as they apply for the purposes of paragraph 19, but as if references in them to an individual or body to which that paragraph applies were references to a permitted participant.

(11) For the purposes of this paragraph and paragraphs 22 to 25 any reference to referendum expenses incurred by or on behalf of a permitted participant during the referendum period includes any referendum expenses so incurred at any time before the individual or body became a permitted participant.

Referendum expenses incurred as part of common plan

21

(1) This paragraph applies where—

(a) referendum expenses are incurred by or on behalf of an individual or body during the referendum period,

(b) the expenses are incurred as part of a common plan or other arrangement with one or more other individuals or bodies,

(c) the common plan or arrangement is one whereby referendum expenses are to be incurred by or on behalf of both or all of the individuals or bodies involved in the common plan or arrangement with a view to, or otherwise in connection with, promoting or procuring one particular outcome in the referendum, and

(d) there is a designated organisation in respect of each of the possible outcomes in the referendum.

(2) Subject to sub-paragraph (4), the expenses referred to in sub-paragraph (1)(a) are to be treated for the purposes of paragraphs 19 and 20 as having also been incurred by each of the other individuals or bodies involved in the common plan or arrangement.

(3) This paragraph applies whether or not any of the individuals or bodies involved in the common plan or arrangement is a permitted participant.

(4) Where a designated organisation is involved in the common plan or arrangement, the expenses referred to in sub-paragraph (1)(a)—

(a) so far as—

(i) incurred by or on behalf of an individual or body that is not a permitted participant, and

(ii) the total amount of such expenses incurred by or on behalf of that individual or body does not exceed £10,000,

are to be treated for the purposes of paragraphs 19 and 20 as having been incurred only by the designated organisation,

(b) so far as incurred by or on behalf of a permitted participant other than the designated organisation, are to be treated for the purposes of paragraphs 19 and 20 as having been incurred only by the designated organisation, and

(c) so far as incurred by or on behalf of the designated organisation, are not to be treated for any purposes as having been incurred also by or on behalf of any other individual or body.

Returns as to referendum expenses

22

(1) The responsible person in relation to a permitted participant must make a return under this paragraph in respect of any referendum expenses incurred by or on behalf of the permitted participant during the referendum period.

(2) A return under this paragraph must contain—

(a) a statement of all payments made in respect of referendum expenses incurred by or on behalf of the permitted participant during the referendum period,

(b) a statement of all disputed claims (within the meaning of paragraph 17),

(c) a statement of all the unpaid claims (if any) of which the responsible person is aware in respect of which an application has been made, or is about to be made, to the Electoral Commission under paragraph 16(5),

(d) a declaration under sub-paragraph (5),

(e) a declaration under sub-paragraph (6), and

(f) in a case where the permitted participant either is not a registered party or is a minor party—

(i) the statement required by paragraph 40, and

(ii) a statement of regulated transactions entered into in respect of the referendum which complies with the requirements of paragraphs 55 to 59.

(3) A return under this paragraph must be accompanied by—

(a) all invoices or receipts relating to the payments mentioned in sub-paragraph (2)(a), and

(b) in the case of any referendum expenses treated as incurred by virtue of paragraph 13, any declaration falling to be made with respect to those expenses in accordance with paragraph 13(8).

(4) Sub-paragraphs (2)(a) to (c) and (3) do not apply to any referendum expenses incurred at any time before the individual or body became a permitted participant, but the return must be accompanied by a declaration made by the responsible person of the total amount of such expenses incurred at any such time.

(5) For the purposes of sub-paragraph (2)(d), a declaration under this sub-paragraph is a declaration of—

(a) whether there are any referendum expenses incurred by or on behalf of an individual or body other than the permitted participant that must under paragraph 21 be treated as having been incurred during the referendum period by or on behalf of the permitted participant, and

(b) if so, in the case of each such individual or body—

(i) the individual's or body's name, and

(ii) the amount of referendum expenses incurred by or on behalf of the individual or body that must be treated as mentioned in paragraph (a).

(6) For the purposes of sub-paragraph (2)(e), a declaration under this sub-paragraph is a declaration of—

(a) whether there are any referendum expenses incurred by or on behalf of the permitted participant that must under paragraph 21 be treated as having been incurred during the referendum period by or on behalf of another individual or body, and

(b) if so, in the case of each such individual or body—

(i) the individual's or body's name, and

(ii) the amount of referendum expenses incurred by or on behalf of the permitted participant that must be treated as mentioned in paragraph (a).

(7) The reference in sub-paragraph (6) to referendum expenses incurred by or on behalf of the permitted participant includes referendum expenses incurred before the individual or body by or on whose behalf the expenses were incurred became a permitted participant.

(8) A reference in sub-paragraph (5) or (6) to referendum expenses that must be treated under paragraph 21 as having been incurred during the referendum period by or on behalf of a particular person includes—

(a) referendum expenses that, under that paragraph, must be treated as having been incurred by or on behalf of that person only, and

(b) referendum expenses that, under that paragraph, must be treated as having also been incurred by or on behalf of that person.

(9) A reference in sub-paragraph (5) or (6) to the name of an individual or body is to be read, in the case where the individual or body is a permitted participant, as a reference to the name under which the permitted participant is registered in the register maintained under paragraph 6.

(10) Sub-paragraph (11) applies where the responsible person in relation to a permitted participant makes a declaration that, to the best of the person's knowledge and belief—

(a) no referendum expenses have been incurred by or on behalf of a permitted participant during the referendum period, or

(b) the total amount of such expenses incurred by or on behalf of a permitted participant during that period does not exceed £10,000.

(11) The responsible person in relation to the permitted participant—

(a) is not required to make a return under this paragraph, but

(b) must instead deliver the declaration referred to in sub-paragraph (10) to the Electoral Commission within the period of 3 months beginning with the end of the referendum period.

(12) The responsible person commits an offence if—

(a) without reasonable excuse, the person fails to comply with the requirements of sub-paragraph (11) in relation to a declaration, or

(b) the person knowingly or recklessly makes a false declaration under that sub-paragraph.

(13) A person who commits an offence under sub-paragraph (12)(a) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(14) A person who commits an offence under sub-paragraph (12)(b) 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).

(15) The Electoral Commission may issue guidance about the form of return to be used for the purposes of this paragraph.

Auditor's report on return

23

(1) Where the return prepared under paragraph 22 in respect of the referendum expenses incurred by or on behalf of a permitted participant indicates that the expenses incurred exceed £250,000, a report must be prepared by a qualified auditor on the return.

(2) An auditor appointed to carry out an audit under this paragraph—

(a) has a right of access at all reasonable times to such books, documents and other records of the permitted participant as the auditor thinks necessary for the purpose of carrying out of the audit,

(b) is entitled to require from the responsible person in relation to the permitted participant such information and explanations as the auditor thinks necessary for that purpose.

(3) If a person fails to provide the auditor with any access, information or explanation to which the auditor has a right or is entitled by virtue of sub-paragraph (2), the Commission may give the person such written directions as they consider appropriate for ensuring that the failure is remedied.

(4) If the person fails to comply with the directions, the Court of Session may, on the application of the Commission, deal with the person as if the person had failed to comply with an order of the Court.

(5) A person commits an offence if the person knowingly or recklessly makes to an auditor appointed to carry out an audit under this paragraph a statement (whether written or oral) which—

(a) conveys or purports to convey any information or explanation to which the auditor is entitled by virtue of sub-paragraph (2), and

(b) is misleading, false or deceptive in a material particular.

(6) A 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).

Delivery of returns to Electoral Commission

24

(1) Sub-paragraph (2) applies where—

(a) a return falls to be prepared under paragraph 22 in respect of referendum expenses incurred by or on behalf of a permitted participant, and

(b) an auditor's report on it falls to be prepared under paragraph 23.

(2) The responsible person must deliver the return to the Electoral Commission, together with a copy of the auditor's report, within the period of 6 months beginning with the end of the referendum period.

(3) In the case of any other return falling to be prepared under paragraph 22, the responsible person must deliver the return to the Commission within the period of 3 months beginning with the end of the referendum period.

(4) Where, after the date on which a return is delivered to the Commission under this paragraph, leave is given by the Commission under paragraph 16(5) for any claim to be paid, the responsible person must, within the period of 7 days beginning with the date of the payment, deliver to the Commission a return of any sums paid in pursuance of the leave.

(5) The responsible person commits an offence if, without reasonable excuse, the person—

(a) fails to comply with the requirements of sub-paragraph (2) or (3) in relation to a return under paragraph 22,

(b) delivers a return which does not comply with the requirements of paragraph 22(2) or (3), or

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

(7) A person who commits an offence under sub-paragraph (5)(a) or (b) 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).

Declaration of responsible person as to return under paragraph 22

25

(1) Each return prepared under paragraph 22 in respect of referendum expenses incurred by or on behalf of a permitted participant must be accompanied by a declaration which complies with sub-paragraph (2) and is signed by the responsible person.

(2) The declaration must state—

(a) that the responsible person has examined the return in question, and

(b) that to the best of the responsible person's knowledge and belief—

(i) it is a complete and correct return as required by law, and

(ii) all expenses shown in it as paid have been paid by the responsible person or a person authorised by the responsible person.

(3) In a case where the permitted participant either is not a registered party or is a minor party, the declaration must also—

(a) in relation to all relevant donations recorded in the return as having been accepted by the permitted participant—

(i) state that they were all from permissible donors, or

(ii) state whether or not paragraph 36(3) was complied with in the case of each of those donations that was not from a permissible donor,

(b) in relation to all regulated transactions entered in the return as having been entered into by the permitted participant—

(i) state that none of the transactions was made void by paragraph 50(2) or (6), or

(ii) state whether or not paragraph 50(3)(a) was complied with in the case of each of the transactions that was made void by paragraph 50(2) or (6).

(4) A person commits an offence if—

(a) the person knowingly or recklessly makes a false declaration under this paragraph, or

(b) sub-paragraph (1) is contravened at a time when the person is the responsible person in the case of the permitted participant to which the return relates.

(5) A person who commits an offence under sub-paragraph (4) 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).

(6) In this paragraph—

“relevant donation” has the same meaning as in paragraph 30, and

“regulated transaction” is to be construed in accordance with paragraph 47.

Public inspection of returns under paragraph 22

26

(1) Where the Electoral Commission receive any return under paragraph 22 they must—

(a) as soon as practicable after receiving the return, make a copy of the return and of the documents accompanying it available for public inspection, and

(b) keep any such copy available for public inspection for the period for which the return or other document is kept by them.

(2) If the return contains a statement of relevant donations or a statement of regulated transactions in accordance with paragraph 22(2)(f), the Commission must secure that the copy of the statement made available for public inspection does not include—

(a) in the case of any donation by an individual, the donor's address,

(b) in the case of a transaction entered into by the permitted participant with an individual, the individual's address.

(3) At the end of the period of two years beginning with the date when any return or other document mentioned in sub-paragraph (1) is received by the Commission—

(a) they may cause the return or other document to be destroyed, but

(b) if requested to do so by the responsible person in the case of the permitted participant concerned, they must arrange for the return or other document to be returned to that person.

PART 4 — Publications

Restriction on publication etc. of promotional material by central and local government etc.

27

(1) This paragraph applies to any material which—

(a) provides general information about the referendum,

(b) deals with any of the issues raised by the referendum question,

(d) is designed to encourage voting in the referendum.

(2) Subject to sub-paragraph (3), no material to which this paragraph applies is to be published during the relevant period by or on behalf of—

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

(b) the SPCB, or

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

(3) Sub-paragraph (2) does not apply to—

(a) material made available to persons in response to specific requests for information or to persons specifically seeking access to it,

(b) material published—

(i) in a report of a committee, the Business Bulletin or the Official Report of the Scottish Parliament, in accordance with the Parliament's Standing Orders,

(ii) by the SPCB on the internet, or

(iii) in relation to any meeting, debate, discussion or other parliamentary event authorised by the SPCB and held in accordance with the SPCB's rules and policies applicable during the relevant period,

(i) a designated organisation,

(ii) the Electoral Commission, or

(iii) the Chief Counting Officer, any other counting officer or a registration officer, or

(d) the publication of information relating to the holding of the poll.

(4) In this paragraph—

“publish” means make available to the public at large, or any section of the public, in whatever form and by whatever means (and “publication” is to be construed accordingly),

“the relevant period” means the period of 28 days ending with the date of the referendum.

Details to appear on referendum material

28

(1) No material wholly or mainly relating to the referendum is to be published during the referendum period unless—

(a) in the case of material which is, or is contained in, such a printed document as is mentioned in sub-paragraph (6), (7) or (8), the requirements of that sub-paragraph are complied with, or

(b) in the case of any other material, the requirements of sub-paragraph (9) are complied with.

(2) Sub-paragraph (1)(b) applies to the publication of material only if the publication can reasonably be regarded as being done with a view to promoting or procuring a particular outcome in the referendum.

(3) Sub-paragraph (1)(b) does not apply to the publication of material by an individual other than a relevant person if—

(a) the material expresses the individual's personal opinion, and

(b) the material is published on the individual's own behalf on a non-commercial basis.

(4) In sub-paragraph (3), “relevant person” means an individual—

(a) who is a permitted participant,

(b) who is a responsible person in relation to a permitted participant,

(i) if the permitted participant is a body corporate (other than a limited liability partnership), a director, manager, secretary or other similar officer of the body,

(ii) if the permitted participant is a limited liability partnership, a member of that partnership,

(iii) if the permitted participant is a Scottish partnership, a partner of that partnership,

(iv) if the permitted participant is an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.

(5) For the purposes of sub-paragraphs (6) to (8) the following details are “the relevant details” in the case of any material falling within sub-paragraph (1)(a), namely—

(a) the name and address of the printer of the document,

(b) the name and address of the promoter of the material, and

(6) Where the material is a document consisting (or consisting principally) of a single side of printed matter, the relevant details must appear on the face of the document.

(7) Where the material is a printed document other than one to which sub-paragraph (6) applies, the relevant details must appear on either the first or last page of the document.

(8) Where the material is an advertisement contained in a newspaper or periodical—

(a) the name and address of the printer of the newspaper or periodical must appear on either its first or last page, and

(b) the relevant details specified in sub-paragraph (5)(b) and (c) must be included in the advertisement.

(9) In the case of material falling within sub-paragraph (1)(b), the following details, namely—

(a) the name and address of the promoter of the material, and

(b) the name and address of any person on behalf of whom the material is being published (and who is not the promoter),

must be included in the material.

(10) Where, during the referendum period, any material is published in contravention of sub-paragraph (1)(a), then the following persons commit an offence, namely—

(a) the promoter of the material,

(b) any other person by whom the material is so published, and

(11) Where, during the referendum period, any material is published in contravention of sub-paragraph (1)(b), then the following persons commit an offence, namely—

(a) the promoter of the material, and

(b) any other person by whom the material is so published.

(12) A person who commits an offence under sub-paragraph (10) or (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) It is a defence for a person charged with an offence under sub-paragraph (10) or (11) to show—

(a) that the offence arose from circumstances beyond the person's control, and

(b) that the person took all reasonable steps, and exercised all due diligence, to ensure that an offence under this paragraph would not be committed.

(14) Sub-paragraph (1) does not apply to any material published for the purposes of the referendum if the publication is required under or by virtue of any enactment.

(15) In this paragraph—

“address” means postal address,

“print” means print by whatever means, and “printer” is to be construed accordingly,

“the promoter”, in relation to any material falling within sub-paragraph (1), means the person causing the material to be published,

“publish” means make available to the public at large, or any section of the public, in whatever form and by whatever means.

Display of advertisements

29

The Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 (S.I. 1984/467) have effect in relation to the display on any site in Scotland of an advertisement relating specifically to the referendum as they have effect in relation to the display of an advertisement relating specifically to a parliamentary election.

PART 5 — Control of donations

Operation and interpretation of this Part

30

(1) This Part has effect for controlling donations to permitted participants that either are not registered parties or are minor parties.

(2) The following provisions have effect for the purposes of this Part.

(3) In accordance with sub-paragraph (1), “permitted participant” does not include a permitted participant that is a registered party other than a minor party.

(4) “Relevant donation”, in relation to a permitted participant, means a donation to the permitted participant for the purpose of meeting referendum expenses incurred by or on behalf of the permitted participant.

(5) “Donation” is to be construed in accordance with paragraphs 31 to 33.

(6) In relation to donations received by a permitted participant other than a designated organisation, references to a permissible donor do not include a registered party.

(7) Where any provision of this Part refers to a donation for the purpose of meeting a particular kind of expenses incurred by or on behalf of a permitted participant—

(a) the reference includes a reference to a donation for the purpose of securing that any such expenses are not so incurred, and

(b) a donation is to be taken to be a donation for either of those purposes if, having regard to all the circumstances, it must reasonably be assumed to be such a donation.

(8) Sub-paragraphs (9) and (10) apply to any provision of this Part which provides, in relation to a permitted participant, that money spent (otherwise than by or on behalf of the permitted participant) in paying expenses incurred directly or indirectly by the permitted participant is to constitute a donation to the permitted participant.

(9) The reference in any such provision to money so spent is a reference to money so spent by a person, other than the permitted participant, out of the person's own resources (with no right to reimbursement out of the resources of the permitted participant).

(10) Where, by virtue of any such provision, any amount of money so spent constitutes a donation to the permitted participant, the permitted participant is to be treated as receiving an equivalent amount on the date on which the money is paid to the creditor in respect of the expenses in question.

(11) For the purposes of this Part, it is immaterial whether a donation received by a permitted participant is so received in Scotland or elsewhere.

Donations: general rules

31

(1) “Donation”, in relation to a permitted participant, means (subject to paragraph 33)—

(a) a gift to the permitted participant of money or other property,

(b) any sponsorship provided in relation to the permitted participant (as defined by paragraph 32),

(c) any money spent (otherwise than by or on behalf of the permitted participant) in paying any referendum expenses incurred by or on behalf of the permitted participant,

(d) the provision otherwise than on commercial terms of any property, services or facilities for the use or benefit of the permitted participant (including the services of any person),

(e) in the case of a permitted participant other than an individual, any subscription or other fee paid for affiliation to, or membership of, the permitted participant.

(2) Where—

(a) any money or other property is transferred to a permitted participant pursuant to any transaction or arrangement involving the provision by or on behalf of the permitted participant of any property, services or facilities or other consideration of monetary value, and

(b) the total value in monetary terms of the consideration so provided by or on behalf of the permitted participant is less than the value of the money or (as the case may be) the market value of the property transferred,

the transfer of the money or property is (subject to sub-paragraph (4)) to be taken to be a gift to the permitted participant for the purposes of sub-paragraph (1)(a).

(3) In determining for the purposes of sub-paragraph (1)(d) whether any property, services or facilities provided for the use or benefit of a permitted participant is or are so provided otherwise than on commercial terms, regard must be had to the total value in monetary terms of the consideration provided by or on behalf of the permitted participant in respect of the provision of the property, services or facilities.

(4) Where (apart from this sub-paragraph) anything would be a donation both by virtue of sub-paragraph (1)(b) and by virtue of any other provision of this paragraph, sub-paragraph (1)(b) (together with paragraph 32) applies in relation to it to the exclusion of the other provision of this paragraph.

(5) Anything given or transferred to any officer, member, trustee or agent of a permitted participant in the officer's, member's, trustee's or agent's capacity as such (and not for the officer's, member's, trustee's or agent's own use or benefit) is to be regarded as given or transferred to the permitted participant (and references to donations received by a permitted participant accordingly include donations so given or transferred).

(6) In this paragraph—

(a) any reference to anything being given or transferred to a permitted participant or any other person is a reference to its being given or transferred either directly or indirectly through any third person,

(b) “gift” includes bequest.

Sponsorship

32

(1) For the purposes of this schedule, sponsorship is provided in relation to a permitted participant if—

(a) any money or other property is transferred to the permitted participant or to any person for the benefit of the permitted participant, and

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