Part VII U.K. Referendums

Modifications etc. (not altering text)

C1 Pt. 7 restricted (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), ss. 5(c), 19(1)

C2 Pt. 7 extended (Gibraltar) for the purposes of the European Union referendum (17.12.2015) by European Union Referendum Act 2015 (c. 36), ss. 12(2), 13(1)

C3 Pt. 7 modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 2 para. 1 (with Sch. 2 paras. 3, 4); S.I. 2016/69, reg. 2

C4 Pt. 7 restricted (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 1 para. 21; S.I. 2016/69, reg. 2

C5 Pt. 7 applied (1.2.2016) by European Union Referendum Act 2015 (c. 36), ss. 3, 13(2) (with Schs. 1-3); S.I. 2016/69, reg. 2

C6 Pt. 7 excluded (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 1 para. 19; S.I. 2016/69, reg. 2

Chapter III U.K. Controls on Publications

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

(1) This section applies to any material which—

(a) provides general information about a referendum to which this Part applies;

(b) deals with any of the issues raised by any question on which such a referendum is being held;

(c) puts any arguments for or against any particular answer to any such question; or

(d) is designed to encourage voting at such a referendum.

(2) Subject to subsection (3), no material to which this section applies shall be published during the relevant period by or on behalf of—

(a) any Minister of the Crown, government department or local authority; or

(b) any other person or body whose expenses are defrayed wholly or mainly out of public funds or by any local authority.

(3) Subsection (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) anything done by or on behalf of the Commission or a person or body designated under section 108 (designation of organisations to whom assistance is available);

(c) the publication of information relating to the holding of the poll; or

(d) the issue of press notices;

and subsection (2)(b) shall not be taken as applying to the British Broadcasting Corporation or Sianel Pedwar Cymru.

(4) In this section—

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

(b) “the relevant period”, in relation to a referendum, means the period of 28 days ending with the date of the poll.

Modifications etc. (not altering text)

C7 S. 125 applied (23.7.2004) by The Regional Assembly and Local Government Referendums Order 2004 (S.I. 2004/1962), art. 7(1), Sch. 3 Pt. 1

C8 S. 125: power to modify conferred (1.2.2016) by European Union Referendum Act 2015 (c. 36), ss. 8, 13(2); S.I. 2016/69, reg. 2

C9 S. 125 modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 1 para. 38; S.I. 2016/69, reg. 2

Commencement Information

I1 S. 125 wholly in force at 16.2.2001; s. 125 not in force at Royal Assent, see s. 163(2); s. 125 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)