Referendum (Jersey)
Law 2017
A LAW to provide for the holding of referendums, for the establishment of
a commission to advise on referendum questions and designate lead campaign
groups, for the control of referendum expenses, and for related purposes
Commencement [see endnotes]
Part 1
Interpretation
1 Interpretation[1]
In this Law, unless the context otherwise
requires –
“commission” means the commission appointed under
Article 2;
“commissioner” means a member of the commission
(including the chairman);
“Elections Law” means the Elections (Jersey)
Law 2002;
“electoral register” means an electoral register kept
under the Elections Law;
“lead campaign group” means a lead campaign group
designated under Article 7 in relation to a referendum;
“referendum Act” means an Act under Article 6
resolving to hold a referendum;
“responsible officer” has the meaning given by Article 17.
Part 2
Referendum commission
2 Appointment
of referendum commission
(1) A referendum commission
is to be appointed.
(2) The commission is to
consist of –
(a) a
chairman; and
(b) 4
other commissioners,
appointed under paragraph (3).
(3) The chairman and each
of the other commissioners are to be appointed –
(a) by
the Privileges and Procedures Committee established under Article 48(2) of
the States of Jersey
Law 2005 (the “PPC”);
(b) for
no more than 5 years in the first instance, renewable to a total of no
more than 10 years; and
(c) on
such other terms and conditions, including as to termination of service and as
to expenses, but not including remuneration, as may be agreed between the PPC
and the person appointed.
(4) The PPC must not appoint
a person unless that person has been recommended to the PPC by a panel
comprising –
(a) the
Greffier of the States; and
(b) 2
other persons nominated by the PPC.
(5) The PPC must not
appoint a person if that person –
(a) is a
member of the States;
(b) holds
any paid office or employment in the service of the States or of any
administration of the States; or
(c) holds
any paid office or employment in the service of a parochial authority.
(6) The PPC must, at least
2 weeks before making an appointment, present to the States a notice of
the PPC’s intention to make the appointment.
3 Functions
and procedures of commission
(1) The principal functions
of the commission are –
(a) to
consider and give an opinion on the wording of a proposed referendum question,
and of an amendment to such a question, for the purposes of Article 6(3)
and (5); and
(b) to
designate the lead campaign groups in relation to a referendum.
(2) A referendum Act may
confer supplementary functions on the commission for the purpose of the
referendum to which that Act relates.
(3) The performance of the
functions of the commission is not affected by any vacancy in its membership.
(4) Each commissioner has
one vote.
(5) The quorum for a
meeting of the commission is 3 members.
(6) Except as otherwise
provided by this Law or by the referendum Act, the commission may regulate its
own procedure.
4 Costs of referendum and commission
(1) This Article applies to
the extent that a referendum Act does not prescribe otherwise in relation to a
particular referendum.
(2) The following costs are
to be met by the States –
(a) the
costs of the holding of the referendum, subject to paragraph (3);
(b) the
costs of the operation of the commission; and
(c) the
payment of the expenses of the commissioners.
(3) The costs of setting up
in a parish, incurred for the holding of the referendum in that parish, are to
be met by that parish.
5 Exclusion
of liability
(1) A person is not liable
in damages for any act in the performance or purported performance of a function
of that person under –
(a) this
Law; or
(b) a
referendum Act.
(2) Paragraph (1) does
not apply to a person who is –
(a) a
lead campaign group;
(b) an
applicant group, within the meaning of Article 7;
(c) a
third party, within the meaning of the Schedule;
(d) a
person who is a member of, or is acting on behalf of, such a lead campaign
group, applicant group or third party;
(e) any
other person on whom a duty is imposed by Article 19, in respect of the
performance of that duty.
(3) Paragraph (1) does
not apply –
(a) if it
is shown that the act was in bad faith; or
(b) so as
to prevent an award of damages made in respect of an act on the ground that the
act was unlawful as a result of Article 7(1) of the Human Rights (Jersey)
Law 2000.
Part 3
Conduct of Referendum
6 Act
for holding of a referendum
(1) The States may by Act
resolve that a referendum be held on any matter, and this Part and Part 4
apply in any case where the States have so resolved.
(2) The referendum Act
must –
(a) fix
the date for the holding of the referendum, which must be not less than 3 months
after the making of the Act; and
(b) set
out the form of the ballot paper to be used in the referendum, including the text
of the referendum question.
(3) A proposition for a
referendum Act may not be lodged unless the commission has published its
opinion on the suitability of the wording proposed for the referendum question.
(4) Paragraph (5)
applies if –
(a) a
proposition (an “amending proposition”) is lodged to amend a
proposition for a referendum Act; and
(b) the
amending proposition would alter the wording of the referendum question.
(5) The commission must, if
practicable, publish, before the first date on which the amending proposition
may be debated, its opinion on the suitability of the proposed wording of the
referendum question as so altered.
(6) The referendum
Act –
(a) may
make such other provision as to the conduct of the referendum and for
announcing its result as the States consider necessary or expedient; and
(b) without
prejudice to the generality of sub-paragraph (a), may apply in relation to
the referendum, with such adaptations, modifications or exceptions as may be
specified in the Act, any provisions of the Elections Law or of any other
enactment for the time being in force relating to public elections to the
States, including any provisions that create or relate to offences.[2]
(7) In this Article
“referendum question” means the question or questions to be asked
in the referendum.
7 Commission
to designate lead campaign groups
(1) For the purpose of this
Article –
“applicant group” means a group that has applied in
accordance with the invitation notice;
“group” means –
(a) a
company, a foundation or any other body incorporated under or by any enactment;
(b) a
trade union or employers’ association registered under the Employment Relations (Jersey)
Law 2007;
(c) a
political party registered under the Political Parties
(Registration) (Jersey) Law 2008;
(d) a
fidéicommis created under Article 3 of the Loi (1862) sur les teneures
en fidéicommis et l’incorporation d’associations, or to which the court has
extended the benefits of that Loi under Article 17 of that Loi;
(e) any
other body, partnership or association that –
(i) does not consist
solely of one natural person, and
(ii) satisfies
the commission that it is not, by reason of its constitution or location or of
the means by which it may be held to account, unfit to act as a lead campaign
group under this Law;
“invitation notice” means a notice issued under
paragraph (2);
“outcome” means a possible outcome of the
referendum.
(2) The commission must
issue a notice inviting groups to apply for designation under paragraph (4)
as the lead campaign group for each of the outcomes.
(3) The invitation notice
must specify –
(a) the
form and manner in which the application is to be made;
(b) the
period within which the application is to be made; and
(c) the
information that is to accompany the application, being such information as appears
to the commission to be likely to be of assistance in determining the
application.
(4) If the condition in
paragraph (6) is met, the commission must designate as the lead campaign
group, for each outcome, the applicant group appearing to the commission to be
likely to be able to represent to the greatest extent those supporting that
outcome.
(5) If the condition in paragraph (6)
is not met, the commission must refuse all applications for all of the
outcomes, and accordingly must designate no lead campaign groups in respect of
the referendum.
(6) The condition is that
the designations, in respect of the referendum as a whole, comply with all of
the following criteria, namely –
(a) that
every lead campaign group appears to the commission to be likely to be able to
represent adequately those supporting the outcome for which that group is
designated;
(b) that
no outcome is to be left without a lead campaign group;
(c) that
only one lead campaign group is to be designated for each outcome; and
(d) that
each lead campaign group is to be designated for only one outcome, unless
paragraph (7) applies.
(7) In a referendum in
which there are more than 2 outcomes, the commission may designate the
same group for more than one, but not all of, the outcomes –
(a) if
the referendum Act so provides; or
(b) in
the absence of such provision, if those outcomes appear sufficiently similar to
the commission for the designation of a single lead campaign group.
(8) Nothing in the
definition “group” in paragraph (1) (including a decision by
the commission under sub-paragraph (e)(ii) of that definition that an
applicant group is not unfit to act as a lead campaign group) is to be read as
limiting the power of the commission to decide that an applicant group is
unlikely to have the ability required for the purpose of paragraphs (4)
and (6)(a).
(9) The commission must
publish, in such a manner as appears likely to the commission to bring it to
the attention of the public –
(a) the
notice issued under paragraph (2); and
(b) if it
makes designations, information identifying each lead campaign group and the
outcome for which it is designated.
8 Arrangements
for publication of campaign material
(1) The commission must
make arrangements for campaign material provided to it by a lead campaign group
to be published in Jersey.
(2) The campaign material
must include information summarizing the lead campaign group’s case for
the outcome for which it is designated (whether or not it contains other
information).
(3) Nothing in paragraph (1)
obliges the commission to publish campaign material if that
material –
(a) does
not comply with paragraph (2);
(b) is provided
after the closing date specified by the commission for the provision of the
material;
(c) is
provided in a format other than a format specified by the commission; or
(d) exceeds
a length or size specified by the commission.
(4) In paragraph (3)
“specified” means specified by notice in writing from the
commission to the lead campaign groups.
(5) The arrangements made
under this Article must be available to each lead campaign group in the
referendum on equal terms.
(6) No person other than
the author of campaign material published under paragraph (1) incurs any
civil or criminal liability by virtue of the publication.
(7) Paragraph (6) is
not to be read as derogating from Article 5.
9 Lead
campaign groups to be given access to electoral registers
(1) If a referendum Act
makes provision under Article 10(3) for a referendum that is to be held on
the same day as an ordinary election, the duties of an electoral administrator
under Articles 9A(9) and 12(2) of the Elections Law apply in respect of a
lead campaign group as they apply in respect of a candidate in the election.[3]
(2) If paragraph (1)
does not apply, the person responsible, in each parish, for preparing and
maintaining the electoral register must cause to be available free of charge to
each lead campaign group –
(a) a
copy of the electoral register as in force at the end of the day on which the
group is designated; and
(b) unless
there is no subsequent change in the electoral register, a copy of the
electoral register as in force at midday on the day that is 7 days before
the date fixed for the holding of the referendum.
(3) Nothing in this Article
is to be read as preventing a lead campaign group from exercising a right of public
inspection of an electoral register under Article 11(1) or (3) of the Elections
Law.[4]
10 Persons entitled
to vote
(1) A person is entitled to
vote in the referendum if, at midday on the day that is 7 days before the
date fixed for the holding of the referendum, the person’s
name –
(a) is on
an electoral register;
(b) would
have been on such a register but for being omitted from that register under Article 9
of the Elections Law; or
(c) would
have been on such a register but for an administrative error –
(i) in respect of
which the requirements of Article 3 of the Elections Law are satisfied, if
that Article is applied by the referendum Act in respect of polling stations, or
(ii) in
circumstances in which the person’s name is to be added to a copy of the
electoral register by the Judicial Greffier under Article 46B(4) of the Elections
Law, if that Article is applied by the referendum Act in respect of a pre-poll
vote or postal vote.[5]
(2) Despite paragraph (1),
a person is not entitled to vote in the referendum if –
(a) the
person’s name is on the electoral register, or would have been on that
register in a case falling within paragraph (1)(b) or (c), by virtue of Article 5A
of the Elections Law; and
(b) the
date that is entered in that register, under paragraph Article 5A(6)(b) of
that Law in respect of that person, or that would have been so entered in a
case falling within paragraph (1)(b) or (c), falls after the date fixed
for the holding of the referendum.[6]
(3) Despite paragraphs (1)
and (2), if a referendum Act has the effect that a referendum is to be held on
the same day as an ordinary election that is to be held under Article 6 of
the States of Jersey
Law 2005 or under Article 2 of the Connétables (Jersey)
Law 2008, the Act may provide that the persons who are entitled to vote in
the referendum are the persons who are entitled to vote in the ordinary
election.
(4) Despite paragraphs (1)
to (3), a referendum Act may, under Article 6(6) –
(a) provide
for whether a person entitled to vote must or may do so in a particular manner,
whether at a polling station, by postal vote, by pre-poll vote, or in any other
manner; and
(b) in
relation to postal voting and pre-poll voting, provide for a date earlier than
the date specified in paragraph (1) as the date by reference to which a
person’s eligibility to vote is to be determined under the sub-paragraphs
of paragraph (1) or under paragraph (2).
11 Exclusion of
legal proceedings
No court may entertain any proceedings for questioning the numbers
of any ballot papers counted, or the answer given, in the referendum.
Part 4
Campaign
spending
12 Interpretation
(1) This
Part is to be construed in accordance with the Schedule.
(2) A
referendum Act may, for the purpose of construing this Part in relation only to
the referendum held under that Act, disapply any provision in the Schedule and
apply any other defining provision instead.
(3) In
this Part “working day” means any day other than Christmas Day,
Good Friday, a Sunday or a day observed as a bank holiday pursuant to the Public Holidays and Bank Holidays (Jersey) Law 1951.
13 Application of
this Part and power to make other provision by Act
(1) This
Part applies in respect of a referendum except to the extent that provision is
made otherwise under paragraph (2).
(2) In
a referendum Act the States may, having particular regard to the significance
of the question or questions to be asked in the referendum under that
Act –
(a) if
satisfied that the relevant referendum does not warrant any controls over
referendum expenses, provide that this Part does not apply to the relevant
referendum;
(b) if
satisfied that the relevant referendum does not warrant limits on referendum
expenses, but does warrant declaration of referendum expenses, provide that Articles 14
and 15 do not apply to the relevant referendum; or
(c) if
satisfied that there are exceptional circumstances in relation to the relevant
referendum, disapply the whole of this Part and make any provision falling
within paragraph (3) in relation to the relevant referendum.
(3) The
provision mentioned in paragraph (2)(c) is provision to regulate the
expenditure of, and donations towards the expenses of –
(a) a
lead campaign group in a referendum; and
(b) any
other person or group (within the meaning of Article 7 or otherwise)
attempting to promote or procure, or otherwise campaigning for or against, any
of the possible outcomes of a referendum,
in a manner appearing to
the States to have an effect appropriately similar, subject to modifications
for a referendum campaign, to the effect of the Public Elections (Expenditure and Donations) (Jersey) Law 2014 in relation to an election campaign.
(4) Without
prejudice to the generality of paragraph (3), a provision falling within that
paragraph may –
(a) make
a contravention of the provision an offence punishable by a fine, but not by
imprisonment;
(b) apply
in relation to the relevant referendum, with such adaptations, modifications or
exceptions as may be specified in the referendum Act, any provision of the Public Elections (Expenditure and Donations) (Jersey) Law 2014, including any provision that creates or relates to offences.
(5) A
referendum Act may include provision, in relation to the relevant
referendum –
(a) that
the States must not, or may, incur expenses for a purpose mentioned in
paragraph 1(3)(a) or (b) of the Schedule; or
(b) that
expenses so incurred by the States are not to be treated as the expenses of a
campaigner for the purpose of this Part.
(6) Nothing
in paragraph (5) is to be read as –
(a) derogating
from Article 8 or from paragraph 8 of the Schedule; or
(b) enabling
an Act to permit anything that is prohibited by any other enactment.
(7) In
this Article “the relevant referendum”, in relation to a referendum
Act, means the referendum that is to be held under that referendum Act.
14 Restriction on
lead campaign group’s referendum expenses
(1) A
lead campaign group’s referendum expenses must not exceed, in the
aggregate –
(a) £2,800,
or such other amount as may be specified in a referendum Act for a particular
referendum; and
(b) 11 pence,
or such other amount as may be specified in a referendum Act for a particular
referendum, for each person entitled to vote in the referendum.
(2) A
lead campaign group whose referendum expenses exceed the limit imposed by
paragraph (1) is guilty of an offence and liable to a fine.
(3) It
is a defence for a lead campaign group charged with an offence under paragraph (2)
to prove that the lead campaign group took all reasonable steps to avoid the
commission of the offence.
15 Restriction on
third party’s referendum expenses
(1) A
third party’s referendum expenses for a referendum must not exceed, in
the aggregate, one half of the maximum that would be allowed to a lead campaign
group in the referendum by virtue of Article 14.
(2) A
third party whose referendum expenses exceed the limit imposed by paragraph (1)
is guilty of an offence and liable to a fine.
(3) It
is a defence for a third party charged with an offence under paragraph (2)
to prove that the third party took all reasonable steps to avoid the commission
of the offence.
16 Prohibition of
campaigner keeping anonymous donation
(1) A
campaigner must not keep an anonymous donation.
(2) A
campaigner who receives an anonymous donation must, within 10 working days
of receiving it, send it to the Treasurer of the States.
(3) The
Treasurer of the States must make such arrangements as he or she thinks fit for
the distribution, to one or more charities established in Jersey, of donations
sent to him or her under paragraph (2).
(4) A
campaigner who contravenes paragraph (2) is guilty of an offence and
liable to a fine.
(5) It
is a defence for a campaigner charged with an offence under paragraph (4)
to prove that the campaigner has a reasonable excuse for the commission of the
offence.
17 Requirement for campaigner
to make declaration following referendum
(1) Subject
to paragraph (2), a campaigner must, no later than 15 working days
after the day the poll is held, deliver to the responsible officer a written
declaration of –
(a) the campaigner’s
referendum expenses, itemising the amounts expended (whether direct or
notional) and the goods and services on which they are expended; and
(b) the
donations that the campaigner has received, specifying –
(i) in relation to
each donation of, or having a value of, more than £120, the name of the
donor, the amount or value of the donation, and whether the donation consists
of money, services, a loan of money, goods or the use of goods, and
(ii) the
sum of the anonymous donations received, and sent to the Treasurer of the
States, by the campaigner.
(2) Paragraph (1)
does not apply to a campaigner who –
(a) is a third
party; and
(b) whose
referendum expenses for the referendum are less than £600.
(3) For
the purposes of paragraph (1)(b)(i) –
(a) the
value of a donation is to be determined in accordance with paragraph 6 of
the Schedule; and
(b) the
donations made by a donor to the campaigner are to be aggregated.
(4) The
declaration required by paragraph (1) must –
(a) be
made using a form supplied by the responsible officer;
(b) include
a statement by the campaigner that, to the best of its knowledge, information
and belief, the information contained in it is true, complete and correct; and
(c) be
signed by the campaigner.
(5) If,
having made a declaration, a campaigner becomes aware of any variation in or
addition to the information required to be declared, the campaigner must, as
soon as possible and, in any event, no later than 10 working days after
becoming so aware, deliver to the responsible officer a further written
declaration of the variation or addition.
(6) A
declaration delivered under paragraph (5) must include a statement
conforming to paragraph (4)(b) and be signed by the campaigner.
(7) If
2 or more persons constitute one third party, under paragraph 1(2)(b) of
the Schedule, any declaration required from that third party by this Article
must be made jointly by those persons and signed by each of them.
(8) A
campaigner who fails to deliver a declaration, or further declaration, in
accordance with this Article is guilty of an offence and liable to a fine.
(9) It
is a defence for a campaigner charged with an offence under paragraph (8)
to prove that the campaigner has a reasonable excuse for the commission of the
offence.
(10) A
campaigner who delivers a declaration, or a further declaration, under this
Article, knowing or believing it to be false in a material particular, is
guilty of an offence and liable to a fine.
(11) A
referendum Act may amend, for a particular referendum –
(a) the
monetary amount expressed in paragraph (1)(b)(i);
(b) the
period of time expressed in paragraph (1);
(c) the
period of time expressed in paragraph (5).
(12) In
this Article, and Articles 18 and 20, “responsible
officer” means –
(a) if
the referendum Act makes provision under Article 10(3) for the referendum
being held on the same day as an ordinary election, the Judicial Greffier; or
(b) in
any other case, the Greffier of the States or other person specified in the Act
for this purpose.
18 Verification of
expenses
(1) The
responsible officer may request, in writing, a campaigner to produce invoices,
receipts and other proof of the campaigner’s referendum expenses.
(2) A
campaigner must comply with a request made under paragraph (1) within
15 working days of it being made.
(3) A
campaigner who contravenes paragraph (2) is guilty of an offence and
liable to a fine.
(4) It
is a defence for a campaigner charged with an offence under paragraph (3)
to prove that the campaigner has a reasonable excuse for the commission of the
offence.
19 Requirement to
provide information and documents to lead campaign group
(1) A
person who incurs or pays a lead campaign group’s referendum expenses
must, as soon as is practicable, provide the lead campaign group with such
information and documents as the lead campaign group requires to comply with
Articles 17 and 18.
(2) A
person who contravenes paragraph (1) is guilty of an offence and liable to
a fine.
(3) It
is a defence for a person charged with an offence under paragraph (2) to
prove that the person has a reasonable excuse for the commission of the
offence.
20 Treatment of
documents received by responsible officer
The responsible officer
must –
(a) make
declarations received by him or her under this Part available for inspection,
free of charge, at the offices of the responsible officer, during normal
working hours; and
(b) pass
any declaration made or document produced under this Part to the Attorney
General where it appears to the responsible officer that an offence against any
provision of this Part may have been committed.
21 Limitation period
for offences under this Part
No criminal prosecution for
an offence under this Part, arising from facts that have occurred at a
referendum or relate to a referendum, may be instituted after the expiration of
12 months from the date of that referendum.
Part 5
Miscellaneous and Final
22 Offences by
bodies corporate and others
(1) In
this Article –
“relevant
offence” means an offence under this Law that is committed by a limited
liability partnership, a separate limited partnership, an incorporated limited
partnership or another body corporate;
“relevant
person” means –
(a) if
the relevant offence is committed by a limited liability partnership, a partner
of the partnership;
(b) if
the relevant offence is committed by a separate limited partnership or an
incorporated limited partnership –
(i) a general
partner, or
(ii) a
limited partner who is participating in the management of the partnership;
(c) if
the relevant offence is committed by a body corporate other than an
incorporated limited partnership –
(i) a director,
manager, secretary or other similar officer of the body corporate, and
(ii) if
the affairs of the body corporate are managed by its members, a member who is
acting in connection with the member’s functions of management; and
(d) a
person purporting to act in any capacity described in sub-paragraphs (a)
to (c) in relation to the partnership or body that commits the relevant
offence.
(2) If
a relevant offence is proved to have been committed with the consent or
connivance of a relevant person, that relevant person is also guilty of the
offence and liable in the same manner as the partnership or body corporate to
the penalty provided for that offence.
(3) If
a relevant offence –
(a) is an
offence that may be committed by neglect; and
(b) is
proved to be attributable to any neglect on the part of a relevant person,
that relevant person is
also guilty of the offence and liable in the same manner as the partnership or
body corporate to the penalty provided for that offence.
23 Citation
This Law may be cited as the Referendum (Jersey) Law 2017.
SCHEDULE
(Article 12)
Third
Parties, Referendum Expenses, Donations and other terms Defined for the purpose
of Part 4
1 Third
party and campaigner
(1) A
campaigner, in relation to a referendum, is a lead campaign group or a third
party in that referendum.
(2) A
third party, in relation to a referendum, is –
(a) a
person who incurs expenses for the supply or use of relevant goods, or for the
provision of relevant services, if that person –
(i) is not a lead
campaign group in the referendum, and
(ii) is
not acting with the express or implied consent of a lead campaign group in the
referendum; or
(b) all
of 2 or more persons acting together in incurring expenses for the supply or
use of relevant goods, or for the provision of relevant services, if each of
those persons –
(i) is not a lead
campaign group in the referendum, and
(ii) is
not acting with the express or implied consent of a lead campaign group in the
referendum.
(3) For
the purpose of sub-paragraph (2), goods or services are relevant goods or
services if they are used –
(a) to
promote or procure any outcome in a referendum; or
(b) to
prejudice the prospects of any outcome in a referendum.
(4) For
the purposes of sub-paragraph (2)(b), the persons act together –
(a) if
they are jointly liable for the expenses;
(b) if
the expenses are incurred with the express or implied consent of all of them;
or
(c) if,
although they incur and are liable for the expenses separately,
nevertheless –
(i) they are working
together, or liaising to co-ordinate their respective expenditure, and
(ii) the
expenditure is for shared purposes.
2 Referendum
expenses
(1) Expenses
are referendum expenses if they are a lead campaign group’s referendum
expenses or a third party’s referendum expenses.
(2) Expenses
are a lead campaign group’s referendum expenses if they are incurred, at
any time before the poll –
(a) by
the lead campaign group or with the lead campaign group’s express or
implied consent; and
(b) for
the supply or use of goods or the provision of services which are
used –
(i) to promote or
procure the outcome for which that lead campaign group is designated in the
same referendum, or
(ii) to
prejudice the prospects of another outcome in the same referendum.
(3) Expenses
are a third party’s referendum expenses if –
(a) they
are incurred at any time before the poll, and
(b) the
person by whom they are incurred is a third party, under paragraph 1(2),
by virtue of incurring them.
(4) If
a lead campaign group is endorsed by a political party, the lead campaign group
is to be taken, for the purposes of sub-paragraph (2)(a), to have
consented to the party incurring expenses on his or her behalf.
(5) If
referendum expenses are incurred by, or with the express or implied consent of,
2 or more campaigners, it is to be presumed, unless the contrary is proved by
them, that the expenses relate to goods and services which are of equal benefit
to them and, accordingly, that those expenses are to be apportioned equally
between them.
3 Expenses:
direct and notional
(1) A
campaigner’s referendum expenses may be direct expenses or notional
expenses.
(2) A
direct expense is the amount of any liability incurred for the supply or use of
goods or the provision of services, if the goods or services are used as
described in paragraph 1(3)(a) or (b).
(3) A
notional expense is incurred when goods or services supplied either free of
charge or at a discount are used as described in paragraph 1(3)(a)
or (b).
(4) A
notional expense is also a donation and, accordingly –
(a) the
value of a notional expense is determined in accordance with paragraph 6;
and
(b) there
is to be disregarded any notional expense that, by virtue of paragraph 8,
9, 10 or 11, is not a donation.
4 Donation:
money
(1) A
gift of money is a donation if –
(a) it is
made at any time before the poll (including before the lodging of the
proposition for the referendum Act), and the giver signifies (whether expressly
or by implication) that the money is intended for use to pay the
recipient’s referendum expenses; or
(b) it is
made after the lodging of the proposition for the referendum Act and before the
poll, and either –
(i) it is made
anonymously, or
(ii) the
giver does not signify the intended use of the money.
(2) A
loan of money is a donation if –
(a) it is
made either at no cost to the recipient or on terms by which the cost to the
recipient is below the commercial rate for the loan; and
(b) it is
made –
(i) at any time
before the poll (including before the lodging of the proposition for the referendum
Act), and the lender signifies, either expressly or by implication, that the
loan is intended for use to pay the recipient’s referendum expenses, or
(ii) after
the lodging of the proposition for the referendum Act and before the poll, and
is either made anonymously or the lender does not signify the intended use of
the loan.
(3) A
gift or loan of money is made at the time when the money is given to the
recipient or, if earlier, the time when the giver or lender informs the
recipient of his or her intention to make the gift or loan.
5 Donation:
goods and services
(1) A
supply of goods (including a supply by way of loan or rental) or a supply of
services is a donation if –
(a) it is
made free of charge or at a discount to the open market value of or rate for
the supply of the goods or services; and
(b) the
person making the supply –
(i) does so
anonymously, in the case of a supply made in the period between the lodging of
the proposition for the referendum Act and the poll,
(ii) does
not signify the intended use of the goods or services, in the case of a supply
made in that period, or
(iii) signifies
(whether expressly or by implication) that the goods or services are intended
for use for a purpose described in paragraph 1(3)(a) or (b), in the case
of a supply made at any time before the poll (including before the lodging of
the proposition for the referendum Act).
(2) A
supply of goods or services is made at the time when the goods or services are
provided to the recipient.
6 Value
attributable to donation of loans, goods or services
(1) The
value of a donation that is a loan of money is the amount equal to the
difference between the cost, to the recipient, of the loan if it had been made
on commercial terms and the actual cost to the recipient.
(2) The
value of a donation of goods is the amount equal to the difference between the
open market value of the goods and the actual cost to the recipient.
(3) The
value of a donation of the use of goods is the amount equal to the difference
between the open market rate for the use of the goods and the actual cost to
the recipient.
(4) The
value of a donation of the supply of services is the amount equal to the
difference between the open market rate for their supply and the actual cost to
the recipient.
7 Anonymous
donations
A donation is anonymous
if the recipient is unable to ascertain the identity of the person making it.
8 Donation:
exception for services provided on equal terms by or for commission, States or
parishes
The provision of services
is not a donation if the services –
(a) consist
of making arrangements for the publication of campaign material under Article 8;
(b) are
provided by any person under such arrangements; or
(c) are
otherwise provided by or on behalf of the commission, the States Greffe or a
parish to all of the lead campaign groups in a referendum on the same terms.
9 Donation:
exception for services of individual volunteers
(1) The
provision by an individual of his or her own services is not a donation if he
or she provides his or her services –
(a) as a
volunteer;
(b) without
charge; and
(c) otherwise
than in the course of his or her employment, trade or profession or any other
business.
(2) Subject
to sub-paragraph (3), the exception in sub-paragraph (1) does not
extend to any goods used by or supplied by the individual in the course of the
provision of the individual’s own services.
(3) If,
in the course of the provision of an individual’s own services, the
individual uses his or her own goods –
(a) the
use of the goods is not a donation; and
(b) any
expenditure incurred by the individual, that is incidental to the use of the
goods, is not a donation.
10 Donation: exception
for newspapers and broadcasts
(1) Subject
to sub-paragraph (2), the publication of any matter relating to the referendum –
(a) in a
newspaper or periodical circulating in Jersey;
(b) in a
programme broadcast by a television or radio service provider; or
(c) on a
website as part of the news service of a television or radio service provider
or news agency,
is not a donation or a
third party’s referendum expense.
(2) The
exception in sub-paragraph (1) does not apply to an advertisement.
(3) Where
the publisher of a newspaper or periodical circulating in Jersey also publishes
a web-based edition of the newspaper or periodical, the reference in
sub-paragraph (1)(a) to the newspaper or periodical includes the web-based
edition of it.
(4) Where
a television or radio service provider, in addition to broadcasting a
programme, makes the programme accessible by streaming or downloading from a
website, the reference in sub-paragraph (1)(b) to the broadcast programme
includes the programme as it may be accessed from a website.
11 Donation and
expenses: exception for re-used goods
(1) Sub-paragraph (2)
applies to goods if –
(a) they
were supplied for use by a lead campaign group or third party in a referendum
(the “previous referendum”);
(b) they
are used by the lead campaign group or third party in a later referendum (the
“subsequent referendum”); and
(c) one
of the following conditions is met, namely that –
(i) the direct and
notional expenses for their supply were taken into account in determining, for
the purposes of this Law, the amount of the lead campaign group’s
referendum expenses or a third party’s referendum expenses in relation to
the previous referendum, or
(ii) the
previous referendum was held before the coming into force of this Law.
(2) The
direct or notional expenses for the supply of the goods are neither a donation
nor a referendum expense in relation to the subsequent referendum.