Section 101 : Referendums to which this Part applies
196.Section 101 provides that the controls on the conduct of referendums set out in Part VII apply to any referendum held throughout the United Kingdom, one or more of England, Scotland, Wales or Northern Ireland, or any English region. The provisions do not apply to referendums held under section 36 of the Government of Wales Act 1998 (subsection (3)). There have been eight referendums to which the provisions of Part VII would have applied had they been in force at the time. The statutory authority for these referendums, the questions asked and the dates of the polls are set out in the table below:
United Kingdom Referendums 1973 – 1998
| Statutory authority | Question | Date of poll |
|---|---|---|
| Northern Ireland (Border Poll) Act 1972 | (i) Do you want NI to remain part of the UK? or (ii) Do you want NI to be joined with the Republic of Ireland, outside of the UK? | 8 March 1973 |
| Referendum Act 1975 | Do you think that the UK should stay in the European Community (The Common Market)? | 5 June 1975 |
| Scotland Act 1978 (Section 85 and Schedule 17) | Do you want the provisions of the Scotland Act to be put into effect? | 1 March 1979 |
| Wales Act 1978 (Section 80 and Schedule 12) | Do you want the provisions of the Wales Act 1978 to be put into effect? | 1 March 1979 |
| Referendums (Scotland and Wales) Act 1997 | (i) I agree that there should be a Scottish Parliament; or (ii) I do not agree that there should be a Scottish Parliament | 11 September 1997 |
(i) I agree that a Scottish Parliament should have tax-varying powers; or (ii) I do not agree that a Scottish Parliament should have tax-varying powers. | ||
| Referendums (Scotland and Wales) Act 1997 | (i) I agree that there should be a Welsh Assembly; or (ii) I do not agree that there should be a Welsh Assembly | 18 September 1997 |
| Greater London Authority (Referendum) Act 1998 | Are you in favour of the Government’s proposals for a Greater London Authority, made up of an elected mayor and a separately elected assembly? | 7 May 1998 |
| Northern Ireland Negotiations (Referendum) Order 1998 (SI 1998/1126) (made under section 4(1) of the Northern Ireland (Entry to Negotiations, etc) Act 1996). | Do you support the agreement reached at the multi-party talks on Northern Ireland and set out in Command Paper 3883? | 22 May 1998 |
197.Subsection (2) defines a referendum as a referendum or poll held by or under an Act of Parliament on one or more specified questions. Subsection (4) provides that the Secretary of State may, by order, apply the arrangements for the conduct of referendums contained in this Part from the date of introduction of a Bill providing for a particular referendum.
