The European Union Referendum (Conduct) Regulations 2016

Discharge of registration duties

9.—(1) Section 52 of the 1983(1) Act applies for the purposes of the referendum but with the following modifications.

(2) For those purposes, the following subsections are to be treated as substituted for subsection (1)—

“(1) A registration officer shall comply with any general or special directions which may be given by the Secretary of State for the purposes of the referendum with respect to the arrangements to be made by that officer for carrying out—

(a) any of that officer’s functions under Schedule 3 to the European Union Referendum Act 2015,

(b) any of that officer’s functions under the European Union Referendum (Conduct) Regulations 2016, or

(c) any of that officer’s functions under this Act.

(1ZA) In subsection (1) the reference to a registration officer includes the Gibraltar registration officer, and in relation to that officer—

(a) the reference in subsection (1)(b) to “the European Union Referendum (Conduct) Regulations 2016” is to be read as a reference to any regulations under section 4 of the European Union Referendum Act 2015 that extend to Gibraltar and Gibraltar conduct law, and

(b) the reference in subsection (1)(c) to “this Act” is to be read as a reference to the Gibraltar Act titled the European Parliamentary Elections Act 2004.

(1ZB) The Secretary of State may give a direction under subsection (1) only if it is in accordance with a recommendation made by the Electoral Commission.”

(3) Subsection (1A) has effect for the purposes of the referendum as if after “registration officer” there were inserted “or the Gibraltar registration officer”.

(4) Subsections (2) and (4) each have effect for the purposes of the referendum as if after “this Act” there were inserted “, the European Union Referendum Act 2015 and the European Union Referendum (Conduct) Regulations 2016”.

(1)

Section 52 was amended by paragraph 12 of Schedule 4 to the Representation of the People Act 1985 (c.50). Subsection (1A) was inserted by paragraphs 1 and 5 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c.41). Subsection (4) was amended by paragraph 68(12) of Schedule 16 to the Local Government (Wales) Act 1994 (c.19). The functions of the Secretary of State under section 52 are exercisable concurrently with the Chancellor of the Duchy of Lancaster (see article 3 of and Schedule 1 to S.I. 2015/1376).