Lobbying (Scotland) Act 2016

Active registrants

8 Duty to register

(1) A person who engages in regulated lobbying when the person is not an active registrant must, before the end of the relevant period, provide to the Clerk—

(a) the information mentioned in section 5 in relation to the person’s identity, and

(b) the information mentioned in section 6 in relation to the first instance of the regulated lobbying.

(2) The “relevant period” is the period of 30 days beginning with the date on which the first instance of the regulated lobbying occurred.

(3) A person must provide the information under subsection (1) in such form as the Clerk may determine.

9 Application for registration

(1) A person may apply to the Clerk to be entered in the register if the person—

(a) is not an active registrant, and

(b) has not engaged in regulated lobbying during the period of 30 days before the date of the application.

(2) An application under subsection (1) must—

(a) be in such form as the Clerk may determine, and

(b) include the information mentioned in section 5 in relation to the person’s identity.

10 Entry in the register

(1) This section applies where a person—

(a) provides information in accordance with section 8, or

(b) applies in accordance with section 9.

(2) The Clerk must as soon as reasonably practicable after the information or application is received—

(a) enter the person in the register as an active registrant, and

(b) update the register to include—

(i) the information provided by the registrant under section 8(1) or, as the case may be, section 9(2)(b), and

(ii) any other information provided by the registrant which the Clerk considers appropriate to include in the register.

(3) The Clerk must, as soon as reasonably practicable after entering the person in the register, notify that person in writing of—

(a) the date on which the period of 6 months mentioned in section 11(1)(a) begins in relation to the person, and

(b) the effect of section 11(1)(b) on an active registrant.

(4) The Clerk may send additional copies of the notice sent under subsection (3) by whatever means the Clerk considers appropriate.

11 Information returns

(1) An active registrant must submit to the Clerk an information return in respect of—

(a) the period of 6 months beginning with—

(i) in the case of a registrant who provided information under section 8(1), the date on which the relevant period mentioned in that section began in relation to that person, or

(ii) in the case of a registrant who applied under section 9(1), the date of the application, and

(b) each subsequent period of 6 months.

(2) The information return must be submitted—

(a) in such form as the Clerk may determine,

(b) before the end of the period of 2 weeks beginning immediately after the end of the period to which the return relates.

(3) The first information return submitted by a registrant mentioned in subsection (1)(a)(i) must contain—

(a) either—

(i) the information mentioned in section 6 in relation to each instance of the registrant engaging in regulated lobbying during the period in question (other than information provided under section 8(1)(b)), or

(ii) a statement that, during the period in question, other than the registrant’s first instance of regulated lobbying, the registrant did not engage in regulated lobbying, and

(b) if any information included in the register in relation to the registrant is or has become inaccurate, information about the changes that have occurred.

(4) Every other information return submitted by a registrant under this section must contain—

(a) either—

(i) the information mentioned in section 6 in relation to each instance of the registrant engaging in regulated lobbying during the period in question, or

(ii) a statement that, during the period in question, the registrant did not engage in regulated lobbying, and

(b) if any information included in the register in relation to the registrant is or has become inaccurate, information about the changes that have occurred.

(5) An active registrant may, at any time, notify the Clerk in writing—

(a) if any information included in the register in relation to that registrant has become inaccurate, about the changes that have occurred,

(b) about information of the type mentioned in section 7(a),

(c) about such other information which the registrant wishes to include in the register.

(6) The Clerk must, as soon as reasonably practicable after receiving an information return or information under subsection (5), update the register to include—

(a) the information contained in the information return or as the case may be provided under subsection (5)(a) or (b),

(b) any information provided under subsection (5)(c) which the Clerk considers appropriate to include in the register.