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Referendums (Scotland) Act 2020

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Further provision about declarations under paragraph 2S

3(1)A declaration under paragraph 2 by a registered party—S

(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,

(c)in the case of a body within paragraph 2(4)(j) (Scottish partnership)—

(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).

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