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

Article 4

SCHEDULE REGISTRABLE INTERESTS

1.  A member has a registrable interest in the circumstances set out in the following paragraphs.

Remuneration etc.

2.—(1) Where a member receives remuneration by virtue of–

(a) being employed;

(b) being self-employed;

(c) being the holder of an office;

(d) being a director of an undertaking;

(e) being a partner in a firm; or

(f) undertaking a trade, profession or vocation or any other work.

(2) A member does not fall within sub-paragraph (1) solely by virtue of being a member, a member of the Scottish Executive or a junior Scottish Minister or holding the office of Presiding Officer, deputy Presiding Officer or member of the Parliamentary corporation.

Related undertaking

3.—(1) Where a member is a director of a related undertaking but does not receive remuneration as such director.

(2) For this purpose, a related undertaking is a parent or subsidiary undertaking of an undertaking of which the member is a director and receives remuneration as a director as mentioned in paragraph 2(1)(d).

Election expenses

4.—(1) Where contributions towards the election expenses of a member in relation to the election at which he was returned as a member included a donation or donations by a person, the aggregate of which exceeded 25% of those election expenses.

(2) For this purpose–

(a) the election expenses of a member are the election expenses within the meaning of article 83 of the Scottish Parliament (Elections etc.) Order 1999(1) in relation to that member’s candidature where that member stood as a candidate for return as a constituency member or as an individual candidate for return as a regional member;

(b) “a person” means a single individual or legal person and includes a group of companies; and

(c) “group of companies” has the same meaning as “group” in section 262(1) of the 1985 Act.

Sponsorship

5.—(1) Where a member is sponsored as a member by any person.

(2) For this purpose, a member is sponsored if he receives any financial or material support on a continuing basis to assist him as a member.

Gifts

6.—(1) Where a member or his spouse or cohabitee or a company in which the member has a controlling interest or a partnership of which the member is a partner, receives–

(a) a gift of heritable or moveable property; or

(b) a gift of a benefit in kind,

the value of which, at the date on which it was received by the member or his spouse or cohabitee or the company or partnership, as the case may be, exceeds £250.

(2) Sub-paragraph (1) does not apply to the costs of travel and subsistence in connection with the member’s attendance at a conference or meeting where those costs are borne in whole or in part by the organiser of the conference or by one of the other parties attending the meeting, as the case may be.

(3) For the purposes of sub-paragraph (1), “controlling interest” means, in relation to a company, shares carrying in the aggregate more than half of the voting rights exercisable at general meetings of the company.

Overseas visits

7.—(1) Where a member has made a visit outside the United Kingdom.

(2) Sub-paragraph (1) does not apply to a visit, the travel and other costs of which–

(a) are wholly met–

(i) by the member;

(ii) by the member’s spouse or cohabitee;

(iii) by the member’s mother, father, son or daughter;

(iv) by the Parliamentary corporation; or

(v) out of the Scottish Consolidated Fund; or

(b) were approved prior to the visit by the Parliamentary corporation.

Heritable property

8.—(1) Where a member owns or has any other right or interest in heritable property–

(a) the market value of which, at the relevant date, is greater than £25,000; or

(b) the income from which for the period of twelve months prior to the relevant date is greater than £4,000.

(2) Sub-paragraph (1) does not apply to heritable property used as a residential home by the member or his spouse or cohabitee.

(3) Where a member owns or has any other right or interest in heritable property at the date on which he was returned as a member, the relevant date is–

(a) that date; and

(b) the 5th April immediately following that date and in each succeeding year, where he remains the owner of or retains that right or interest in heritable property on that 5th April.

(4) Where a member becomes the owner of or acquires any other right or interest in heritable property after the date on which he was returned as a member, the relevant date is–

(a) the date on which he became the owner of or acquired the right or interest; and

(b) the 5th April immediately following that date and in each succeeding year, where he remains the owner of or retains that right or interest in heritable property on that 5th April.

(5) For the purposes of this paragraph, “heritable property” means land or any right or interest in or over land.

Interest in shares

9.—(1) Where a member or his spouse or cohabitee has an interest in shares comprised in the share capital of a company or other body, whether that interest is held by the member, his spouse or cohabitee or by a relevant person, and the nominal value of the shares at the relevant date is–

(a) greater than 1% of the issued share capital of the company or other body; or

(b) greater than £25,000.

(2) Where a member or his spouse or cohabitee has an interest in shares comprised in the share capital of a company or other body at the date on which he was returned as a member, the relevant date is–

(a) that date; and

(b) the 5th April immediately following that date and in each succeeding year, where he retains the interest on that 5th April.

(3) Where a member acquires an interest in shares after the date on which he was returned as a member, the relevant date is–

(a) the date on which he acquired the interest in shares; and

(b) the 5th April immediately following that date and in each succeeding year, where he retains the interest on that 5th April.

(4) For the purposes of this paragraph, a “relevant person” is a person who is subject to the control or direction of a member in respect of an interest in shares.

(1)

S.I. 1999/787.