Who drafts the referendum question?

POLITICALPARTIES, ELECTIONS AND REFERENDUMS ACT

(Adopted in 2000)

http://www.legislation.gov.uk/ukpga/2000/41/contents

Article 104 Referendum questions.

 (1)Subsection (2) applies where a Bill is introduced into Parliament which—

(a) provides for the holding of a poll thatwould be a referendum to which this Part applies, and

(b) specifies the wording of the referendumquestion.

(2) The Commission shall consider thewording of the referendum question, and shall publish a statement of any viewsof the Commission as to the intelligibility of that question—

(a) as soon as reasonably practicable afterthe Bill is introduced, and

(b) in such manner as they may determine.

(3) Subsections (4) and (5) apply where thewording of the referendum question in the case of any poll that would be areferendum to which this Part applies falls to be specified in subordinatelegislation within the meaning of the Interpretation Act 1978.

(4) If a draft of the instrument inquestion is to be laid before Parliament for approval by each House, theSecretary of State—

(a) shall consult the Commission on thewording of the referendum question before any such draft is so laid, and

(b) shall, at the time when any such draftis so laid, lay before each House a report stating any views as to theintelligibility of that question which the Commission have expressed inresponse to that consultation.

(5) If the instrument in question is to besubject to annulment in pursuance of a resolution of either House ofParliament, the Secretary of State—

(a) shall consult the Commission on thewording of the referendum question before making the instrument; and

(b) shall, at the time when the instrumentis laid before Parliament, lay before each House a report stating any views asto the intelligibility of that question which the Commission have expressed inresponse to that consultation.

(6) Where any Bill, draft instrument orinstrument to which subsection (2), (4) or (5) applies specifies not only thereferendum question but also any statement which is to precede that question onthe ballot paper at the referendum, any reference in that subsection to thereferendum question shall be read as a reference to that question and thatstatement taken together.

(7) In this section “thereferendum question” means thequestion or questions to be included in the ballot paper at the referendum.

European Union Act of 2011

http://www.legislation.gov.uk/ukpga/2011/12/contents

12. Separate questions

If a referendum is tobe held in pursuance of any of sections 2, 3 and 6 in relation to two or moretreaties or decisions, or in relation to one or more treaties and one or moredecisions, a separate question must be included on the ballot paper in relationto each treaty or decision.

13. Role of ElectoralCommission

Where an Act providesfor a referendum to be held in pursuance of section 2, 3 or 6, the ElectoralCommission—

(a) must take whateversteps they think appropriate to promote public awareness of the referendum andhow to vote in it, and

(b) may take whateversteps they think appropriate to promote public awareness of the subject-matterof the referendum.