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	[1]
Territorial extent	Gibraltar
Date of Royal Assent	28 January 2016
Status: Current legislation

See also: European Union Referendum Act 2015

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. It will be the first time a referendum has be held in Gibraltar on the issue of continued EU membership since the territory joined along with the United Kingdom in 1973. 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 28 January 2016 and since then it has been officially announced that the referendum is to be held on Thursday 23 June 2016.

Origin

On Janurary 1 1973 Gibraltar along with the rest of the United Kingdom joined what was then known as the European Economic Community (the Common Market) which later became the European Union. Gibraltar's accession to the EEC was determined in legislation as part of the UK's membership under the European Communities Act 1972. At the time when the territory joined it was completely isolated from the rest of the EEC as Spain did not join until January 1 1986 some thirteen years later. Gibraltar did not participate in the 1975 UK European Communites membership referendum even thou the result directly impacted on its membership. From 1979 until 1999 Gibraltar did not participate in any European Parliamentary Elections but in 2002 legislation was passed by the British Parliament which allowed Gibraltar to formally take part and now forms of the South West European Parliament constituency. Following the surprise election victory by the Conservatives in May 2015 it was announced that Gibraltar would fully participate in the proposed referendum on continuing EU membership and was legislated for in the European Union Referendum Act 2015.

The referendum

The act legislates for a referendum to be held in Gibraltar on whether to remain a member of the European Union (EU) which will be a single majority vote to be conducted by the Electoral Commission with the result in the territory to be fed into the South West England regional count area in line with European Elections under the European Parliamentary Elections Act 2002 as the overall outcome depends on how the rest of the United Kingdom votes under the terms of the European Union Referendum Act 2015 and allows for a "Counting Officer (CO)" to be appointed within the territory to oversee and officiate the local count. The referendum is to be held on the same day as in the rest of the United Kingdom on Thursday 23 June 2016. 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. During the campaign period the two lead campaign groups in Gibraltar just as they are in the United Kingdom are Britain Stronger in Europe who are advocating a "Remain" vote and Vote Leave who are advocating a "Leave" vote.

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

A sample of the ballet paper which will be used in the referendum in the United Kingdom and Gibraltar

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 and all Gribraltar nationals who have lived overseas for less than 15 years will also be eligible to vote. UK residents who are citizens of other EU countries in Grbraltar 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.

Referendum result

See also: Results of the United Kingdom European Union membership referendum, 2016

The referendum result within Gibraltar will be declared early on Friday 24 June 2016 by the "Counting officer (CO)" and the local result will be fed into the South West England regional count and then the overall national count.

Turnout %	Remain votes	Leave votes	Remain %	Leave %

References

1. REDIRECT Template:Brexit topics

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