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
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.