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Lobbying (Scotland) Act 2016

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This is the original version (as it was originally enacted).

1Regulated lobbying

This section has no associated Explanatory Notes

(1)For the purposes of this Act, a person engages in regulated lobbying if—

(a)the person makes a communication which—

(i)is made orally to a member of the Scottish Parliament, a member of the Scottish Government, a junior Scottish Minister, a special adviser or the permanent secretary,

(ii)is made in person or, if not made in person, is made using equipment which is intended to enable an individual making a communication and an individual receiving that communication to see and hear each other while that communication is being made,

(iii)is made in relation to Government or parliamentary functions, and

(iv)is not a communication of a kind mentioned in the schedule, or

(b)in the course of a business or other activity carried on by the person, an individual makes such a communication as an employee, director (including shadow director) or other office-holder, partner or member of the person.

(2)Where a person engages in regulated lobbying by virtue of paragraph (b) of subsection (1), the individual mentioned in that paragraph is not to be regarded as engaging in regulated lobbying.

(3)For the purposes of subsection (1)(a)(i), a communication which is “made orally” includes a communication which is made using British Sign Language or is otherwise made by signs.

(4)For the purposes of subsection (1), it does not matter whether the communication occurs in or outwith Scotland.

(5)The Parliament may by resolution modify the schedule so as to—

(a)add a description of a kind of communications,

(b)modify or remove a description so added.

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