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This is the original version (as it was originally enacted).
(1)If a member—
(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,
the Parliament may, in such manner as it considers appropriate in the particular case, prevent or restrict that member from participating in any proceedings of the Parliament relating to that matter.
(2)For the purposes of subsection (1)(a), a member has failed to register a registrable interest in the register if—
(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.
Where a member fails to comply with, or contravenes, any of the provisions made by or under section 3, 5, 6, 13, 14 or 15, the Parliament may, in such manner as it may determine, exclude that member from proceedings in the Parliament for such period as it may consider appropriate.
(1)In subsection (6)(a) of section 39 of the 1998 Act, the reference to any provision made in pursuance of subsection (2) or (3) of that section is a reference to any provision made by or under any of the following sections of this Act—
(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.
(2)In subsection (6)(b) of section 39 of the 1998 Act, the reference to any provision made in pursuance of subsection (4) of that section is a reference to any provision made by or under either of the following sections of this Act—
(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.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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