European Union Referendum Act 2015

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

10 (1) Sub-paragraph (2) applies if—

(a) a permitted participant—

(i) is a party to a transaction which is a regulated transaction for the purposes of Part 4A of the 2000 Act, or

(ii) derives a benefit from a transaction which is a connected transaction for the purposes of that Part,

(b) that transaction is entered into during the referendum period,

(c) the permitted participant is a registered party that is not a minor party,

(d) any of the other parties to the regulated transaction or any of the parties to the connected transaction (as the case may be) is a person (“the unauthorised person”) who, in relation to that transaction, is not an authorised participant for the purposes of Part 4A of the 2000 Act by virtue of section 71H of that Act, and

(e) the unauthorised person is a person within sub-paragraph (3).

(2) In relation to the transaction mentioned in sub-paragraph (1)(a)(i) or (ii), the unauthorised person is to be regarded for the purposes of Part 4A of the 2000 Act as an authorised participant.

(3) The persons within this sub-paragraph are—

(a) a Gibraltar elector;

(b) a body falling within any of paragraphs (b) to (g) of section 54(2A) of the 2000 Act;

(c) a body incorporated by Royal Charter which does not fall within section 54(2) of that Act;

(d) a charitable incorporated organisation within the meaning of Part 11 of the Charities Act 2011 or Part 11 of the Charities Act (Northern Ireland) 2008;

(e) a Scottish charitable incorporated organisation within the meaning of Chapter 7 of Part 1 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10);

(f) a partnership constituted under the law of Scotland which carries on business in the United Kingdom.

(4) In this paragraph “Gibraltar elector” has the same meaning as in the 2000 Act (see section 160(1) of that Act).