200.Section 104 affords the Electoral Commission a role in setting a referendum question. Subsections (1) and (2) are concerned with the case where the wording of a referendum question is specified on the face of a Bill providing for a particular referendum to be held. In such a case the Commission is placed under a duty to consider the wording of the referendum question and to publish a statement setting out its views, if any, on the intelligibility of the question. The Commission is required to publish such a statement as soon as practicable after the introduction of the Bill in order that Parliament may take into account the Commission’s views during the passage of the Bill. Subsections (3) to (5) are concerned with the case where the wording of a referendum question is specified in subordinate legislation. In such a case the relevant Secretary of State is required to consult the Commission on the intelligibility of the referendum question before the draft statutory instrument is laid (if it is an affirmative instrument) or before the instrument is made (if it is a negative instrument). For the purpose of this section references to a referendum question include any preamble (subsection (6)).
Commentary on Sections Part VII : Referendums Section 104 : Referendum questions