SCHEDULES

SCHEDULE 1Carrying on the business of consultant lobbying

Part 2Meaning of terms used in section 2(1)

In return for payment

5

1

“Payment” includes payment of any kind.

2

But “payment” does not include any sums payable to a member of either House of Parliament—

a

under section 4 or 5 of the Parliamentary Standards Act 2009 (MPs’ salaries and allowances),

b

pursuant to a resolution or a combination of resolutions of the House of Lords relating to expenses and allowances for its members, or

c

otherwise out of money provided by Parliament or out of the Consolidated Fund (whether or not in respect of that membership).

6

1

Communications may be made “in return for payment” whether the payment is made directly or indirectly.

2

In particular, it does not matter—

a

whether the person or persons making the payments is or are the person or persons on behalf of whom the communications are made, or

b

whether a particular payment relates to any particular communication or communications.

7

1

But a communication is not made “in return for payment” if—

a

a person makes the communication on behalf of persons of a particular class or description,

b

the income of the person making the communication derives wholly or mainly from persons who are not of that class or description, and

c

the person does not receive payment, from persons of that class or description, in return for making that communication.

2

If the person making the communication is an employee, the references in sub-paragraph (1)(b) and (c) to the person are to be read as references to the person’s employer.

8

References in this Part of this Act to receiving payment to engage in lobbying are to be read in accordance with paragraphs 5 to 7.

9Communications

A communication is not within section 2(3) if it is required to be made by or under any statutory provision or other rule of law.

10Made on behalf of another

1

Where an individual (“A”) makes a communication in the course of a business carried on by another person (“B”), the communication is to be regarded as being made by B as well as by A.

2

Where A is an employee of B, then (whether or not the communication is made on behalf of a third party) A is not to be regarded as making the communication on behalf of B.