Explanatory Notes

Interests of Members of the Scottish Parliament Act 2006

2006 asp 12

13 July 2006

Commentary on Sections

Section 9: Other amendments to the register

43.Section 9 provides for other amendments to the register such as providing further or updated information about an interest. An example of such an amendment may be where a member owns shares in a company and the name of that company changes. Section 9(1) would allow the member to amend the entry in the register to reflect the new name of the company. The member can amend details of an interest in the register at any time by lodging with the Clerk a written notice of the proposed amendment.

44.Subsection (2) requires the Clerk, within 30 days of the notice being lodged, to make the amendment in the register and to record the date when the notice is lodged. Paragraph (b) of subsection (2) requires the Clerk, within 30 days of the date on which the notice was lodged, to send a copy of the amended entry to the member. This allows the member to check the accuracy of the entry.

45.Subsection (3) allows the Clerk to correct any clerical or typographical errors in a member’s entry in the register. This provision is intended for use with simple errors, for example, spelling mistakes. A revised version of the entry must be sent to the member concerned.

46.Subsection (4) makes it clear that no amendment made under this section, except under subsection (5), can delete an entire entry relating to a registrable interest. An amended entry must still comprise the information that the Parliament has determined should be included in a written statement as provided for by section 4(2).

47.Where a member ceases to be a member of the Scottish Parliament, for whatever reason, subsection (5) requires the Clerk to delete the entry in the register of interests relating to that member. As amendments to the register are kept by the Clerk (see paragraph 49 below) all entries relating to that member will be accessible for a further period of five years.