Part VII

Referendums
Chapter II

Financial controls

Returns

Declaration of responsible person as to return under section 120.
123
1
Each return prepared under section 120 in respect of referendum expenses incurred by or on behalf of a permitted participant must be accompanied by a declaration which complies with subsection (2) and is signed by the responsible person.
2
The declaration must state—
a
that the responsible person has examined the return in question;
b
that to the best of his knowledge and belief—
i
it is a complete and correct return as required by law, and
ii
all expenses shown in it as paid have been paid by him or a person authorised by him.
3
The declaration must also state, in a case where the permitted participant either is not a registered party or is a minor party, that—
a
all relevant donations recorded in the return as having been accepted by the permitted participant are from permissible donors, and
b
no other relevant donations have been accepted by the permitted participant.
4
A person commits an offence if—
a
he knowingly or recklessly makes a false declaration under this section; or
b
subsection (1) is contravened at a time when he is the responsible person in the case of the permitted participant to which the return relates.
5
In this section “relevant donation” has the same meaning as in Schedule 15.
S. 123 wholly in force at 16.2.2001; s. 123 not in force at Royal Assent, see s. 163(2); s. 123 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)
S. 123 applied (23.7.2004) by The Regional Assembly and Local Government Referendums Order 2004 (S.I. 2004/1962), art. 7(2), Sch. 3 Pt. 2
S. 123 modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 1 para. 36; S.I. 2016/69, reg. 2
S. 123 modified (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), ss. 6(3), 19(1)
Pt. 7 Ch. 2 modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 1 para. 35; 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. 123 modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 2 para. 2(2); S.I. 2016/69, reg. 2
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
Ss. 120-123 modified (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 1 para. 17(3)(c)
Pt. 7 Ch. 2 modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 1 para. 37(1) (with Sch. 1 para. 37(2)); 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