European Union (Referendum) Act 2016 (Gibraltar)

European Union (Referendum) Act 2016
Parliament of Gibraltar
An act to enable the full participation of Gibraltar in the United Kingdom’s referendum on whether it should remain a member of the European Union, and to provide for the making of subsidiary legislation in connection therewith and for matters connected thereto, including amending primary legislation by subsidiary legislation as the circumstances require.
Citation
Territorial extent Gibraltar
Date of Royal Assent 28 January 2016
Status: Current legislation

The European Union (Referendum) Act 2016 is a Gibraltar Act of Parliament designed to legislate for the holding of the United Kingdom European Union membership referendum, 2016 within the territory.[1] It is to accommodate and give legal effect within Gibraltar to all the provisions set out within the European Union Referendum Act 2015 which was passed by the British Parliament and given Royal assent in December 2015. The Act was given Royal assent on January 28 2016 and since then it has been officially announced that the referendum is to be held on Thursday 23 June 2016.

The referendum

The act legislates for a referendum to be held on the issue of continuing membership of the European Union which will be a single majority vote and allows for the appointment of a "Local Counting Officer (LCO)" to be appointed within the territory to officiate the count. The referendum is to be held on the same day as in the rest of the United Kingdom on Thursday 23 June 2016. Under the act and the European Union Referendum Act 2015 Gibraltar is to be placed within the South West regional count area in line with European Elections under the European Parliamentary Elections Act 2002. It also gives the UK Electoral Commission the legal power and authority to oversee the referendum within the territory.

Campaign period

The act and the European Union Referendum Act 2015 legislates that the official referendum campaign period up until polling day will be of ten weeks duration (April 15 to June 23 2016) just as it will be within the United Kingdom with an official PPERA period where all government and public bodies in Gibraltar are unable to comment or publish information specifically in regard to the referendum for a period of four weeks duration (May 27 to June 23 2016) up until polling day.

Campiagn Spending

Under the act and the European Union Referendum Act 2015 all political parties in Gibraltar are limited to a maximum upper limit of £700,000.

Referendum Question

The question that is to appear on ballot papers in the referendum before the electorate as set out under the act and the European Union Referendum Act 2015 will be:

Should the United Kingdom remain a member of the European Union or leave the European Union?

with the responses to the question to be (to be marked with a single (x)):

Remain a member of the European Union
Leave the European Union

Franchise

The right to vote in the referendum will apply to Gibraltar residents who are British, Irish and Commonwealth citizens. UK residents who are citizens of other EU countries will not be allowed to vote unless they are citizens of Ireland, Malta or Cyprus. The minimum age for voters in the referendum is 18 years, a figure in line with elections which are held in the UK. Polling Stations on the day of the referendum will be open from 0700 til 2200 CEST (Thursday 23 June 2016) but counting will not begin til 2300 CEST when polling stations close in the rest of the United Kingdom.

References

  1. "Confirmed: Gibraltar to vote in European referendum". Gibraltar Panorama. 26 May 2015. Retrieved 8 December 2015.
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