Further provisions about referendums held in pursuance of sections 2, 3 or 6
Section 11: Persons entitled to vote in referendum
105.Section 11 defines who is entitled to vote in any future referendum held in accordance with sections 2, 3 or 6. Under subsection (1)(a), a person is entitled to vote in a future referendum if, on the date of the referendum, he or she would be entitled to vote in a parliamentary election. A person who is entitled to vote in a parliamentary election in the UK must be a British citizen, Commonwealth citizen, a citizen of the Republic of Ireland or a British citizen who qualifies as an overseas elector. Such a person must also be at least 18 years of age, not subject to any legal incapacity, and registered in the register of parliamentary elections of a constituency of the UK. Subsection (1)(b) enables a peer, who is disqualified under common law from voting in parliamentary elections, to vote in a future referendum if, on the date of the referendum, he or she would be entitled to vote in a local government election, including a municipal election in the City of London, or if he or she is a British citizen resident abroad and is otherwise entitled to vote in a European Parliamentary election. Other citizens of the EU are excluded from voting in referendums held as a result of this Act.
106.Subsection (1)(c) allows any Commonwealth citizens who are entitled to vote in Gibraltar at a European Parliamentary election on the day of a future referendum, the right to vote in any such referendum that would be applicable to Gibraltar.
Section 12: Separate questions
107.Section 12 provides that if a referendum is to be held under Part 1 of the Act in relation to two or more treaties or decisions, a separate question must be framed for each treaty or decision requiring a referendum pursuant to sections 2, 3 or 6 of this Act. This could be two or more questions on one ballot paper, or more than one ballot paper; the details would need to be set out in the Act of Parliament required by sections 2, 3 or 6. It will not therefore be possible for decisions to be combined into the same question on the ballot paper.
Section 13: Role of Electoral Commission
108.Section 13(a) provides that the Electoral Commission has a duty to promote public awareness of any referendum to be held pursuant to sections 2, 3 or 6 and how to vote in it to the extent that the Electoral Commission deems appropriate at the time that any future referendum held in accordance with this Act is called. Section 13(b) provides that the Electoral Commission may promote public awareness of the subject matter of the referendum. They would do so by providing factual and neutral information on that subject. If the Electoral Commission decides to undertake that role in section 13(b) it shall take whatever steps it deems appropriate at the time of that future referendum.
