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Lobbying (Scotland) Act 2016

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  1. Introductory Text

  2. PART 1 Core concepts

    1. 1.Regulated lobbying

    2. 2.Government or parliamentary functions

  3. PART 2 The lobbying register

    1. The register

      1. 3.Lobbying register

      2. 4.Content of register

      3. 5.Information about identity

      4. 6.Information about regulated lobbying activity

      5. 7.Additional information

    2. Active registrants

      1. 8.Duty to register

      2. 9.Application for registration

      3. 10.Entry in the register

      4. 11.Information returns

    3. Inactive registrants

      1. 12.Reclassification as an inactive registrant on application

      2. 13.Reclassification as an inactive registrant without application

    4. Voluntary registrants

      1. 14.Voluntary registration

    5. Further provision

      1. 15.Power to specify requirements about the register

  4. PART 3 Oversight and enforcement

    1. Duty to monitor

      1. 16.Clerk's duty to monitor compliance

    2. Information notices

      1. 17.Clerk's power to require information

      2. 18.Limitations on duty to supply information and use of information supplied

      3. 19.Appeal against information notice

      4. 20.Power to make further provision about information notices

      5. 21.Offences relating to information notices

    3. Investigation of complaints

      1. 22.Commissioner's duty to investigate and report on complaint

      2. 23.Requirements for complaint to be admissible

      3. 24.Procedure for assessing admissibility of complaint

      4. 25.Investigation of complaint

      5. 26.Commissioner's report on complaint

      6. 27.Parliament's action on receipt of report

      7. 28.Withdrawal of complaint

      8. 29.Commissioner's discretionary reports to Parliament

      9. 30.Restriction on Commissioner's advice

      10. 31.Directions to the Commissioner

    4. Investigations: witnesses and documents

      1. 32.Power to call for witnesses and documents etc.

      2. 33.Notice

      3. 34.Exceptions to requirement to answer question or produce document

      4. 35.Evidence under oath

      5. 36.Offences relating to Commissioner's investigation

      6. 37.Restriction on disclosure of information

    5. Commissioner's functions

      1. 38.Commissioner's functions etc.

      2. 39.Investigation of performance of Commissioner's functions

    6. Disposal of complaints

      1. 40.Parliament's power to censure

    7. Further provision

      1. 41.Power to make further provision about Parliament's procedures etc.

    8. Offences

      1. 42.Offences relating to registration and information returns

  5. PART 4 Guidance, code of conduct and Public Awareness

    1. 43.Parliamentary guidance

    2. 44.Code of conduct for persons lobbying MSPs

    3. 45.Public awareness and understanding of Act

  6. PART 5 Final provisions

    1. 46.Offences by bodies corporate etc.

    2. 47.Interpretation

    3. 48.Parliamentary resolutions

    4. 49.Application of Act to trusts

    5. 50.Report on operation of Act

    6. 51.Ancillary provision

    7. 52.Commencement

    8. 53.Short title

    1. SCHEDULE

      COMMUNICATIONS WHICH ARE NOT LOBBYING

      1. Communications made on individual's own behalf

        1. 1.A communication made by an individual on the individual's own...

      2. Communications made to member for constituency or region

        1. 2.A communication made— (a) by an individual as an employee...

        2. 3.However, paragraph 2 does not apply where the communication is...

        3. 4.In paragraph 2, “constituency” and “region” are to be construed...

      3. Communications not made in return for payment

        1. 5.A communication made by an individual who is not making...

        2. 6.For the purposes of paragraph 5— (a) a communication made...

      4. Communications by small organisations

        1. 7.A communication made— (a) by an individual as an employee...

        2. 8.However, paragraph 7 does not apply where the communication is...

        3. 9.For the purposes of paragraph 7, the number of full-time...

        4. 10.For the purposes of the calculation in paragraph 9, any...

      5. Communications in Parliament or required under statute.

        1. 11.A communication— (a) made in proceedings of the Parliament,

      6. Communications made on request

        1. 12.A communication about a topic which is made in response...

      7. Cross-party groups

        1. 13.A communication made in the course of a meeting of...

      8. Journalism

        1. 14.A communication made for the purposes of journalism.

      9. Communications in relation to terms and conditions of employment

        1. 15.A communication made by or on behalf of a person...

        2. 16.A communication made by or on behalf of a trade...

        3. 17.In paragraph 16, “trade union” is to be construed in...

      10. Communications by political parties

        1. 18.A communication made by or on behalf of a party...

      11. Communications by judiciary

        1. 19.A communication made by or on behalf of—

        2. 20.In paragraph 19— “holder of judicial office within the United...

      12. Communications by Her Majesty

        1. 21.A communication made by or on behalf of Her Majesty....

      13. Government and Parliament communications etc.

        1. 22.A communication made by or on behalf of—

        2. 23.In paragraph 22— “international organisation” means— an international organisation whose...

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