Referendums (Scotland) Act 2020

PART 1 S Interpretation

Interpretation of schedule S

1 (1) In this schedule— S

• “bequest” includes any form of testamentary disposition,

• “body”, without more, includes a body corporate or any combination of persons or other unincorporated associations,

• “broadcaster” means—

  (a)

  the holder of a licence under the Broadcasting Act 1990 or 1996, or

  (b)

  the British Broadcasting Corporation,

• “exempt trust donation” has the meaning given by section 162 of the 2000 Act,

• “market value”, in relation to any property, means the price which might reasonably be expected to be paid for the property on a sale in the open market,

• “property” includes any description of property, and references to the provision of property accordingly include the supply of goods,

• “qualified auditor” has the meaning given by section 160 of the 2000 Act.

(2) For the purposes of this schedule, each of the following is a “permissible donor”—

(a) an individual registered in an electoral register,

(b) a company—

(i) registered under the Companies Act 2006,

(ii) incorporated within the United Kingdom or another member State, and

(iii) carrying on business in the United Kingdom,

(c) a registered party,

(d) a trade union entered in the list kept under the Trade Union and Labour Relations (Consolidation) Act 1992 or the Industrial Relations (Northern Ireland) Order 1992 (S.I. 1992/807),

(e) a building society (within the meaning of the Building Societies Act 1986),

(f) a limited liability partnership—

(i) registered under the Limited Liability Partnerships Act 2000, and

(ii) carrying on business in the United Kingdom,

(g) a friendly society registered under the Friendly Societies Act 1974, a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered (or deemed to be registered) under the Industrial and Provident Societies Act (Northern Ireland) 1969,

(h) any unincorporated association of two or more persons which—

(i) does not fall within any of the preceding paragraphs,

(ii) carries on business or other activities wholly or mainly in the United Kingdom, and

(iii) has its main office in the United Kingdom,

(i) any body incorporated by Royal Charter and not otherwise within this sub-paragraph,

(j) any Scottish charitable incorporated organisation within the meaning of Chapter 7 of Part 1 of the Charities and Trustee Investment (Scotland) Act 2005,

(k) any charitable incorporated organisation within the meaning of Part 11 of the Charities Act 2011 or Part 11 of the Charities Act (Northern Ireland) 2008, and

(l) any partnership constituted under the law of Scotland which carries on its business in the United Kingdom.

(3) In this schedule, “electoral register” means any of the following—

(a) a register of parliamentary or local government electors for any area (whether or not in Scotland) maintained under section 9 of the 1983 Act,

(b) a register of relevant citizens of the European Union prepared under the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001 (S.I. 2001/1184),

(c) a register of peers prepared under regulations under section 3 of the Representation of the People Act 1985.

(4) References in this schedule (in whatever terms) to payments out of public funds are references to any of the following—

(a) payments out of—

(i) the Consolidated Fund of the United Kingdom, the Scottish Consolidated Fund, the Consolidated Fund of Northern Ireland or the Welsh Consolidated Fund, or

(ii) money provided by Parliament or appropriated by Act of the Northern Ireland Assembly,

(b) payments by—

(i) a Minister of the Crown, the Scottish Ministers, a Minister within the meaning of the Northern Ireland Act 1998 or the Welsh Ministers (including the First Minister for Wales or the Counsel General to the Welsh Government), or

(ii) a government department (including a Northern Ireland department) or a part of the Scottish Administration,

(c) payments by the SPCB, the Northern Ireland Assembly Commission or the National Assembly for Wales Commission, and

(d) payments by the Electoral Commission.

(5) References in this schedule (in whatever terms) to expenses met, or things provided, out of public funds are references to expenses met, or things provided, by means of payments out of public funds.