The Scotland Act 1998 (Transitory and Transitional Provisions) (Members' Interests) Order 1999

Explanatory Note

(This note is not part of the Order)

This Order makes transitory and transitional provisions by virtue of section 129(1) of the Scotland Act 1998 (c. 46) (“the Act”) regarding the registration of interests of members of the Scottish Parliament and the Lord Advocate and Solicitor General for Scotland if they are not members of the Parliament.

Article 3 establishes a Register of Interests of Members of the Scottish Parliament. It provides for various details to be entered in the Register by the Clerk of the Parliament and for the Register to be kept and maintained by the Clerk.

Article 4 requires members to lodge a written statement setting out details of any registrable interest contained in the Schedule to the Order. Members may also lodge a statement if they cease to have a registrable interest.

Article 5 requires members who have a registrable interest in proceedings of the Parliament, before participating in those proceedings, to make an oral declaration to that effect.

Article 6 restricts a member’s participation in proceedings of the Parliament where he receives or expects to receive a payment from any person.

Article 7 allows the Parliament to prevent or restrict a member who fails to comply with or contravenes certain provisions of this Order from participating in proceedings of the Parliament and in certain circumstances, to exclude such a member from proceedings of the Parliament.

Article 8 makes it an offence to fail to comply with or to contravene certain provisions of this Order.

Article 9 provides that any person may inform the Presiding Officer if he considers that a member has failed to comply with or has contravened certain provisions of this Order.

Article 10 provides that this Order will cease to have effect on the date appointed by or under an Act of the Scottish Parliament.