Part VII

Referendums
Chapter I

Preliminary

Assistance for designated organisations

Applications for designation under section 108.
109
1
A permitted participant seeking to be designated under section 108 must make an application for the purpose to the 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 at the referendum in relation to which the applicant seeks to be designated; and
b
be made within the period of 28 days beginning with the first day of the referendum period.
3
Where an application for designation has been made to the Commission in accordance with this section, the application must be determined by the Commission within the period of 14 days beginning with the day after the end of the period of 28 days mentioned in subsection (2)(b).
4
If there is only one application in relation to a particular outcome at the referendum, the Commission shall designate the applicant unless—
a
they are not satisfied that the applicant adequately represents those campaigning for that outcome; or
b
they are prevented from making any designation by virtue of section 108(2)(b) or (4)(b).
5
If there is more than one application in relation to a particular outcome at the referendum, the Commission shall designate whichever of the applicants appears to them to represent to the greatest extent those campaigning for that outcome unless—
a
they are not satisfied that any of the applicants adequately represents those campaigning for that outcome; or
b
they are prevented from making any designation by virtue of section 108(2)(b) or (4)(b).
6
The Secretary of State may, in the case of any referendum to which this Part applies, by order provide for this section to have effect as if each, or either, of the periods of 28 and 14 days referred to in subsections (2) and (3) was instead such shorter or longer period as is specified in the order.
7
In this section, in relation to a referendum, any reference to designation is to designation in respect of the referendum under section 108.
S. 109 wholly in force at 16.2.2001; s. 109 partly in force at Royal Assent, see s. 163(3); s. 109 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. Pt. I (subject to transitional provisions in Sch. 1 Pt. II)
S. 109(2)(3) modified (24.7.2004) by The Regional Assembly and Local Government Referendums (Date of Referendums, Referendum Question and Explanatory Material) (North East Region) Order 2004 (S.I. 2004/1963), art. 6(1)
S. 109(2)(b) modified (16.12.2010 with application in accordance with art. 1(3) of the amending S.I.) by The National Assembly for Wales Referendum (Assembly Act Provisions) (Limit on Referendum Expenses Etc.) Order 2010 (S.I. 2010/2985), arts. 1(2), 3 (with art. 1(3))
S. 109 modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 1 para. 12; S.I. 2016/69, reg. 2
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)
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
Pt. 7 restricted (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), ss. 5(c), 19(1)
S. 109 power to apply (with modifications) conferred (17.2.2015) by Wales Act 2014 (c. 29), s. 29(2)(b)(3), Sch. 1 para. 8
S. 109(3) modified (16.12.2010 with application in accordance with art. 1(3) of the amending S.I.) by The National Assembly for Wales Referendum (Assembly Act Provisions) (Limit on Referendum Expenses Etc.) Order 2010 (S.I. 2010/2985), arts. 1(2), 3 (with art. 1(3))
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
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
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
S. 109 modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 1 para. 10; S.I. 2016/69, reg. 2