Explanatory Notes

Lobbying (Scotland) Act 2016

2016 asp 16

14 April 2016

Commentary on Sections

Part 3 – Oversight and Enforcement

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

Restriction on Commissioner’s advice

145.Section 30(1) provides that the Commissioner may not give advice as to whether conduct which has been, or is proposed to be, committed by a person would constitute a failure to comply with a requirement mentioned in section 22(1)(a) to (d), or otherwise express a view upon such a requirement, except in the context of an investigation or report mentioned in section 22.

146.Subsection (2) provides that nothing in subsection (1) prevents the Commissioner from giving advice or otherwise expressing a view about the procedures for making a complaint to the Commissioner or the procedures following upon the making of a complaint.