Acts of the Scottish Parliament

2006 asp 12

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 8th June 2006 and received Royal Assent on 13th July 2006

An Act of the Scottish Parliament to make provision (including provision for the purposes of section 39 of the Scotland Act 1998) about the registration and declaration of interests of members of the Scottish Parliament and the prohibition of advocacy by such members in return for payment or benefit in kind; and for connected purposes.

(a) the information required by or under this Act; and

(b) any other matter which the Parliament may determine should be included in each entry.

(a) any registrable interest which that member had on the date on which that member was returned; and

(b) any registrable interest which that member had before that date but which that member no longer had on that date, if that interest meets the prejudice test,

(a) register that statement in the entry relating to the member in the register together with the date on which the statement was lodged; and

(b) send a copy of that entry to the member.

(a) an interest which is registered but which, if it had not been registered, would not now require to be registered; and

(b) an interest which is registered under section 7 but which the member no longer wishes to be registered.

(a) amend the entry relating to that member in the register by recording in it that the interest is a ceased interest, the date mentioned in subsection (2), and the date on which the amendment was made in the register; and

(b) send a copy of the amended entry to that member.

(a) amend the entry relating to that member in the register by deleting that interest and any information relating to it; and

(b) send a copy of the amended entry to that member.

(a) amend the entry relating to that member in the register by making the proposed amendment and recording the date on which the notice was lodged; and

(b) send a copy of the amended entry to that member.

(a) advocate or initiate any cause or matter on behalf of any person; or

(b) urge any other member to advocate or initiate any cause or matter on behalf of any person.

(a) "any means" shall be construed as the doing of anything by a member in the capacity of a member, whether or not in any proceedings of the Parliament; and

(b) "any payment or benefit in kind" means any payment or benefit in kind-

(i) which the member receives and which may reasonably be considered, after taking into account all the circumstances, to result in some benefit to that member, other than a vote for that member in any election to the Parliament; or

(ii) which the member's spouse, civil partner or cohabitant receives and which may reasonably be considered, after taking into account all the circumstances, to be provided in connection with the Parliamentary duties of the member and to result in some benefit to that member.

(a) the preparation of a Member's Bill or of any amendment to a Bill, or any other matter relating to a Bill (whether before, during or after its passage in the Parliament and before it is submitted for Royal Assent); or

(b) a debate upon subordinate legislation (whether before or after its making); or

(c) a legislative consent motion.

(a) has, or had, a registrable interest in any matter and has failed to register it in accordance with section 3, 5 or 6; or

(b) has a declarable interest in any matter and has failed to declare that interest in accordance with section 13,

(a) that member has not lodged with the Clerk a written statement as required by section 3, 5 or 6, as the case may be; or

(b) after having lodged such a statement with the Clerk, the member has lodged with the Clerk a written notice under section 8 indicating that the interest is a ceased interest when it is not.

(a) section 3, 5 or 6 so far as it relates to a registrable financial interest;

(b) section 13 so far as it relates to a declarable financial interest;

(c) section 15 so far as it relates to a registrable financial interest or declarable financial interest; and

(d) section 16 so far as it relates to a failure to comply with, or a contravention of, any such provision.

(a) section 14; and

(b) section 16 so far as it relates to a failure to comply with, or a contravention of, any such provision.

(a) in the case where there is a general election and a person who was a Scottish Law Officer before that election continues in the same office after that election, the date of the poll at that election; or

(b) in any other case, the date when that Scottish Law Officer was appointed to that office,

"the 1985 Act" means the Companies Act 1985 (c.6);

"the 1998 Act" means the Scotland Act 1998 (c.46);

"the 1999 Order" means the Scotland Act 1998 (Transitory and Transitional Provisions) (Members' Interests) Order 1999 (S.I. 1999/1350);

"ceased interest" shall be construed in accordance with section 8(1);

"civil partner" in relation to a member does not include a former civil partner or a civil partner who is living separately and apart from the member where the separation is likely to be permanent;

"the Clerk" means the Clerk of the Parliament;

"cohabitant" means either member of a couple consisting of-

(a) a man and a woman who are living together as if they were husband and wife; or

(b) two persons of the same sex who are living together as if they were civil partners;

"company" means a company within the meaning of the 1985 Act;

"declarable interest" shall be construed in accordance with section 12(1);

"declarable financial interest" shall be construed in accordance with section 12(2);

"financial interest" includes benefits in kind;

"heritable property" includes any right or interest in heritable property whether in Scotland or elsewhere;

"member" means a member of the Scottish Parliament and, subject to section 18, includes a Scottish Law Officer where that officer is not a member of the Parliament;

"member's salary" means the gross annual salary of a member as a member;

"old entries" shall be construed in accordance with section 10(3);

"parent undertaking" has the same meaning as in section 258 of the 1985 Act;

"parliamentary session" means the period from the date of the first meeting of the Parliament following a general election until the Parliament is dissolved;

"prejudice test" shall be construed in accordance with section 3(2);

"the register" means the Register of Interests of Members of the Scottish Parliament established under section 1(1) and associated words shall be construed accordingly;

"registrable interest" shall be construed in accordance with section 2(1);

"registrable financial interest" shall be construed in accordance with section 2(2) and the schedule;

"remuneration" includes any salary, wage, share of profits, fee, expenses, other monetary benefit or benefit in kind;

"Scottish Law Officer" means the Lord Advocate or the Solicitor General for Scotland;

"shares" includes stock;

"spouse" in relation to a member does not include a former spouse or a spouse who is living separately and apart from the member where the separation is likely to be permanent;

"subsidiary undertaking" has the same meaning as in section 258 of the 1985 Act; and

"undertaking", except in paragraph 2(f) of the schedule, has the same meaning as in section 259 of the 1985 Act.

(a) an interest meeting the prejudice test shall be construed in accordance with section 3(2); or

(b) lodging a written statement with the Clerk shall be construed in accordance with section 4.

(a) that member has lodged with the Clerk a written statement in accordance with section 3, 5, 6 or 7, irrespective of whether or not the Clerk has registered that statement; and

(b) that member has not lodged with the Clerk a written notice under section 8 indicating that the interest is a ceased interest,

(a) sections 4(1) and (2);

(b) section 11(1);

(c) section 13(2);

(d) section 19;

(e) this section; and

(f) the schedule, paragraph 8(2)(b).

(a) being employed;

(b) being self-employed;

(c) being the holder of an office;

(d) being a director of an undertaking;

(e) being a partner in a firm; or

(f) undertaking a trade, profession or vocation or any other work.

(a) a director in a related undertaking; or

(b) a partner in a firm,

(a) "election expenses", in relation to a member, shall have the same meaning as "election expenses" has in relation to a candidate in the order under section 12 of the 1998 Act which is in force for the purposes of the election at which the member was returned;

(b) "person" includes a body of persons, corporate or unincorporate, but does not include a registered political party with which the member is connected; and

(c) "registered political party" means a political party registered under Part II of the Political Parties, Elections and Referendums Act 2000 (c.41) and a member is connected with a registered political party if the member was returned at the election after contesting it as a candidate (whether for return as a constituency member or as a regional member) of that party.

(a) the value of the gift, at the date on which it was received, exceeds 1 per cent of a member's salary on that date (rounded down to the nearest £10); and

(b) that gift meets the prejudice test.

(a) the organiser of that conference; or

(b) one of the other parties attending that meeting,

(a) are wholly met-

(i) by the member;

(ii) by the member's spouse, civil partner or cohabitant;

(iii) by the member's mother, father, son or daughter;

(iv) by the Parliamentary corporation; or

(v) out of the Scottish Consolidated Fund; or

(b) were approved prior to the visit by the Parliamentary corporation.

(a) the market value of the heritable property, at the relevant date, exceeds 50 per cent of a member's salary on that date (rounded down to the nearest £10); or

(b) the gross income from the heritable property for the period of twelve months prior to the relevant date is greater than such amount as the Parliament may determine.

(a) solely in his or her own name;

(b) jointly with any other person or body; or

(c) as a trustee, whether or not jointly with other trustees, where the member has an interest as a beneficiary of the trust.

(a) which is used as a residential home by the member or the member's spouse, civil partner or cohabitant;

(b) which was used as a residential home by the member or the member's spouse, civil partner or cohabitant but which, for a period of not more than 12 months, is or was unoccupied and for sale; or

(c) which forms part of the assets of a partnership and any income from that partnership is, or forms part of, the remuneration registered under paragraph 2 of this schedule.

(a) that date; and

(b) the 5th April immediately following that date and in each succeeding year, where the heritable property continues to be so owned or held on that 5th April.

(a) the date on which the member became the owner of or acquired that heritable property; and

(b) the 5th April immediately following that date and in each succeeding year, where the heritable property continues to be so owned or held on that 5th April.

(a) the nominal value of the shares at the relevant date is, or was, greater than 1% of the total nominal value of the issued share capital of the company or other body; or

(b) the market value of the shares at the relevant date exceeds, or exceeded, 50 per cent of a member's salary on that date (rounded down to the nearest £10).

(a) solely in his or her own name;

(b) jointly with any other person or body; or

(c) as a trustee, whether or not jointly with other trustees where the member has an interest as a beneficiary of the trust.

(a) that date; and

(b) the 5th April immediately following that date and in each succeeding year, where the interest is retained on that 5th April.

(a) the date on which the interest in shares was acquired; and

(b) the 5th April immediately following that date and in each succeeding year, where the interest is retained on that 5th April.

(a) an "interest in shares" means an interest in shares comprised in the share capital of a company or other body; and

(b) "relevant person" is a person who is subject to the control or direction of a member in respect of an interest in shares.