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Lobbying (Scotland) Act 2016

Communications made to a member for constituency or region

11.Paragraph 2 provides that a communication made to a member of the Scottish Parliament for a constituency or region (in terms of paragraph 4 of the schedule “constituency” and “region” are construed in accordance with the Scotland Act 1998) is not lobbying if made—

(a)

by an individual as an employee or in another capacity mentioned in section 1(1)(b) (see paragraph 6 above) in the course of a business or other activity carried on by another person,

(b)

on the other person’s behalf and not on behalf of a third party, and

(c)

to a member of the Scottish Parliament for the constituency or the region in which any of the following are situated—

(i)

a place where the person’s business is ordinarily carried on,

(ii)

a place where the person’s activity is ordinarily carried on, or

(iii)

the individual’s residence.

12.Paragraph 2 of the schedule can apply only where a communication made by an individual as (e.g.) an employee in the course of a business or other activity carried on by another person (e.g. a company) is made on behalf of that other person. It cannot apply where a communication made by an individual as (e.g.) an employee in the course of a business or other activity carried on by another person (e.g. a company) is made not on behalf of that other person but on behalf of a third party (e.g. a different company). See paragraph 2(b) of the schedule.

13.Paragraph 2 does not apply where the communication is made to an MSP who is a member of the Scottish Government or a junior Scottish Minister. See paragraph 3 of the schedule.

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