Commentary Schedule 3: Campaign rules Part 2: Permitted participants and designated organisations
177.Paragraph 2 of schedule 3 provides that if an individual or an organisation (including a political party) wishes to spend more than £10,000 (a limit set by schedule 3, paragraph 19) on campaigning, they will have to declare to the Electoral Commission the outcome they will campaign for at the referendum. Paragraph 2 also sets out the criteria that individuals and bodies must fulfil to be eligible to become permitted participants.
178.Paragraph 3 sets out the requirements for the declarations. Declarations made by a registered political party must be signed by the responsible officers of the party (usually the treasurer) or in the case of a minor party (one that contests only one or more parish or community election) it must include the name of the person who will be responsible for the party’s compliance with the referendum campaign rules.
179.Declarations made by individuals wishing to become permitted participants must be signed by the individual and give their full name and home address.
180.Declarations made by registered companies; trade unions; building societies; limited liability partnerships; friendly societies and unincorporated associations of two or more must be signed by the secretary or similar office bearer of the body and must include the name and address of the organisation, including, in the case of a company, its registered number. Unincorporated associations must provide additional details of their officers (if they have more than 15 members) or their members.
181.Declarations made by bodies incorporated by Royal Charter, charitable incorporated organisations and partnerships must be signed by the secretary or similar office bearer of the body and must include the name and address of the body’s principal office or main office in the United Kingdom.
182.Declarations to be a ‘permitted participant’ must be accompanied by a signed statement from the responsible person confirming that they are willing to exercise the functions conferred on the responsible person.
183.Paragraph 4 provides that the Electoral Commission may reject a declaration given by an unincorporated association with a name that is, in the opinion of the Commission, obscene, offensive, criminal or is either the same as, or similar to, the name of an existing permitted participant so as to be likely to result in confusion. Where an unincorporated association seeks to change its name on the register to one that, in the opinion of the Electoral Commission, fits those criteria, the Commission do not have to enter the name on the register, or make public any documents bearing that name, although the fact that the name is not entered in the register does not mean that the association ceases to be a permitted participant.
184.Paragraph 5 prohibits a responsible person for a permitted participant from making a declaration under paragraph 2 as or on behalf of another permitted participant. If an individual is a permitted participant and also treasurer of a registered party other than a minor party, the individual ceases to be a permitted participant if the party registers as a permitted participant. A declaration by a qualifying body or minor party will be considered not to satisfy the requirements of paragraph 3(1)(b), 3(3)(a)(ii) or 3(5)(a)(ii) to notify who is the responsible person for a permitted participant if the intended responsible person is already a responsible person for another permitted participant or a permitted participant in their own right. References to treasurers are to be read in some circumstances as references to campaigns officers.
185.Paragraph 6 places a duty on the Electoral Commission to create and maintain a register of declarations made by registered parties, individuals and other organisations who wish to become permitted participants in the referendum. The register must not include the home address of an individual who has made a declaration.
186.Paragraphs 7 and 8 provide that a permitted participant may apply to the Electoral Commission to be the principal campaign organisation representing one of the outcomes of the referendum. These permitted participants are called ‘designated organisations’ and have a higher campaign spending limit (full limits are set out in paragraph 20 of schedule 3). Paragraph 8 specifies the form that applications must take and sets out the timetable for applications and for the Electoral Commission’s decision. It provides that where only one application has been made respect of a particular outcome, the Electoral Commission must make the designation provided they are satisfied that the applicant is adequately representative of those campaigning for that outcome. Where there is more than one application in respect of a particular outcome, the Commission must designate whichever of the applications appears to represent to the greatest extent those campaigning for that outcome (unless they are not satisfied that any of the applicants is adequately representative). The Commission may designate an organisation in relation to any of the possible outcomes under paragraph 7(3). The Commission may designate the same organisation for more than one of the possible outcomes under paragraph 7(4).
187.Paragraph 9 provides that designated organisations are entitled to use school rooms or meeting rooms in publicly maintained buildings for public campaign meetings during the 28 day period before the referendum is held.
188.Paragraph 10 requires the designated organisation to contact the education authority in advance if it wishes to use a school room and entitles it to inspect a list of the rooms that are available for its use.