Lobbying (Scotland) Act 2016 Explanatory Notes

1. Introduction

2. The Act

3. Commentary on Sections

   1. Part 1 – Core Concepts

      1. Section 1: Regulated lobbying and the schedule: communications which are not lobbying

         1. Communications made on individual’s own behalf

         2. Communications made to a member for constituency or region

         3. Communications not made in return for payment

         4. Communications by small organisations

         5. Communications in Parliament or required under statute

         6. Communications made on request

         7. Cross-party groups

         8. Journalism

         9. Communications in relation to terms and conditions of employment

         10. Communications by political parties

         11. Communications in the conduct of public affairs

      2. Section 1: Additions to the Schedule

      3. Section 2: Government or parliamentary functions

   2. Part 2 – The lobbying register

      1. Active registrants

      2. Inactive registrants

      3. Voluntary registrants

      4. Clerk’s duty to publish information from the register

         1. Information about identity

         2. Information about regulated lobbying activity

         3. Duty to register

         4. Application for registration

         5. Entry in the register

         6. Information returns

         7. Reclassification as an inactive registrant

         8. Voluntary registration

         9. Power to specify requirements about the register

   3. Part 3 – Oversight and Enforcement

      1. (a) the Clerk

         1. Clerk’s duty to monitor compliance

         2. Information notices

      2. (b) the Commissioner – investigation of complaints and report to Parliament

         1. Assessment of admissibility of complaints

         2. Investigation of admissible complaint and report to Parliament

         3. Withdrawal of a complaint

         4. Commissioner’s discretionary reports to Parliament

         5. Restriction on Commissioner’s advice

         6. Directions to the Commissioner

         7. Commissioner investigations: witnesses and documents

         8. Commissioner investigations - restriction on disclosure of information

         9. Commissioner’s functions etc.

         10. Investigation of performance of Commissioner’s functions

         11. Parliament’s power to censure

         12. Power to make further provision about Parliament’s procedures etc.

      3. (c) offences

   4. Part 4 – Guidance, code of conduct and public awareness

      1. Parliamentary guidance

      2. Code of conduct for persons lobbying MSPs

      3. Public awareness and understanding of the Act

   5. Part 5 – Final provisions

4. Parliamentary History