Scottish Independence Referendum Act 2013

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

26 (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,

(c) puts any arguments for or against any outcome, or

(d) is designed to encourage voting at 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) on the Scottish Parliament official website, 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,

(c) anything done by or on behalf of—

(i) a designated organisation,

(ii) the Electoral Commission, or

(iii) the Chief Counting Officer or any other counting 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.