The Lobbying (Scotland) Act 2016 (Commencement No. 1) Regulations 2017

Scottish Statutory Instruments

2017 No. 201 (C. 18)

Lobbying

The Lobbying (Scotland) Act 2016 (Commencement No. 1) Regulations 2017

Made

12th June 2017

Laid before the Scottish Parliament

14th June 2017

Coming into force

6th September 2017

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 52(2) of the Lobbying (Scotland) Act 2016(1).

Citation and commencement

1.  These Regulations may be cited as the Lobbying (Scotland) Act 2016 (Commencement No. 1) Regulations 2017 and come into force on 6th September 2017.

Appointed day

2.  6th September 2017 is the day appointed for the coming into force of the following provisions of the Lobbying (Scotland) Act 2016—

(a) section 15 (power to specify requirements about the register);

(b) section 20 (power to make further provision about information notices);

(c) section 31 (directions to the Commissioner);

(d) section 41 (power to make further provision about Parliament’s procedures etc.);

(e) section 43 (Parliamentary guidance);

(f) section 44 (code of conduct for persons lobbying MSPs);

(g) section 45 (public awareness and understanding of Act); and

(h) section 49(1) and (3) (application of the Act to trusts: references in Parts 2 and 3 of Act to “person” to be read as references to trustees of a trust).

JOE FITZPATRICK

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

12th June 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Lobbying (Scotland) Act 2016 (“the Act”) received Royal Assent on 14th April 2016. Sections 47, 48 and 51 to 53 came into force on the following day.

Regulation 2 of these Regulations brings into force the following provisions of the Act on 6th September 2017:

• Section 15 which gives the Scottish Parliament the power by resolution to specify requirements about the lobbying register to be established by section 3 of the Act.

• Section 20 which gives the Scottish Parliament the power by resolution to make further provision about information notices which may be issued by the Clerk of the Parliament under section 17 of the Act.

• Section 31 which gives the Scottish Parliament the power to give directions to the Commissioner for Ethical Standards in Public Life in Scotland (“the Commissioner”) in relation to the carrying out of the Commissioner’s functions under the Act (on which see more generally Part 3 (oversight and enforcement) of the Act) and imposes an obligation on the Commissioner to comply with any direction given.

• Section 41 which requires the Scottish Parliament by resolution to make further provision about the Parliament’s procedures etc. when the Commissioner submits a report to it under Part 3.

• Section 43 which requires the Scottish Parliament to publish guidance on the operation of the Act.

• Section 44 which requires the Scottish Parliament to publish a code of conduct for persons lobbying Members of the Scottish Parliament.

• Section 45 which provides that the Scottish Parliament may take such steps as it considers appropriate to promote public awareness and understanding of the operation of the Act.

• Section 49(1) and (3) which provides that references in Parts 2 and 3 of Act to “person” are to be read as references to the trustees of the trust.

Section 48 of the Act contains general provision regarding resolutions to be made by the Scottish Parliament under the Act. It is applicable in relation to the resolution making powers in sections 15, 20 and 41 which are commenced by these Regulations.

(1)

2016 asp 16.