6(1)Where a member or a company in which the member has a controlling interest or a partnership of which the member is a partner, receives, or has received, a gift of heritable or moveable property or a gift of a benefit in kind and—S
[F1(a)in the case where the gift was received from a person on a single occasion, the value of that gift, at the date on which it was received, exceeds the specified limit; or
(b)in the case where gifts were received from that person on more than one occasion during the current parliamentary session, the aggregate value of those gifts, at the dates on which they were received, exceeds the specified limit and, in either case,
(c)that gift or those gifts meet] the prejudice test.
(2)Sub-paragraph (1) does not apply to
[F2(a)]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—
[F3(i)]the organiser of that conference; or
[F4(ii)]one of the other parties attending that meeting,
as the case may be[F5;
(b)any support (of any kind) provided by the services of a volunteer which are provided in that volunteer’s own time and free of charge; or
(c)a donation (of any kind) which is intended by the donor to be used for the purpose of meeting—
(i)any campaign expenditure incurred in connection with the member’s campaign for election to a party office;
(ii)the election expenses of the member in relation to the election at which that member was returned as a member of the Scottish Parliament; or
(iii) the election expenses of the member in relation to any UK parliamentary election at which that member stands as a candidate, ]
but this exemption ceases to apply if the donation is not used for its intended purpose by the expiry of the 35th day after the election result is declared.
(3)For the purposes of [F6this paragraph—
“candidate” has the same meaning as in section 118A, as read with section 90ZA(5) of the Representation of the People Act 1983 (c.1) ;
“campaign expenditure” includes expenditure incurred, whether before or after the member’s candidacy for election to the party office is announced or after the date on which the result of that election is declared, which can reasonably be described as being for the purposes of that campaign;]
“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[F7;
“current parliamentary session” means the parliamentary session which begins immediately after, or in which, the member is returned;
“election expenses”, in relation to a member, has the same meaning for the purposes of—
sub-paragraph (2)(c) (ii) as “election expenses” has in relation to a candidate in the order under section 12 of the 1998 Act which is in force for the purposes of the election at which the member was returned; and
sub-paragraph (2)(c)(iii) as “election expenses” has in section 90ZA of the Representation of the People Act 1983 (c.1) ;
“party office” means an office in a registered political party with which that member is connected;
“registered political party” means a political party registered under Part II of the Political Parties, Elections and Referendums Act 2000 (c.41) and a member is “connected with” a registered political party if the member was returned at the election after contesting it as a candidate (whether for return as a constituency member or as a regional member) of that party; and
“specified limit” means 1% of a member’s salary (rounded down to the nearest £10) at the beginning of the current parliamentary session.]
Textual Amendments
F1Words in Sch. para. 6(1) substituted (23.3.2011 being the day after the date of the first dissolution of the Scottish Parliament following the making of this S.S.I.) by virtue of Interests of Members of the Scottish Parliament Act 2006 (Modifications to the Schedule) Resolution 2011 (S.S.I. 2011/40), Annex para. 3(2)
F2Words in Sch. para. 6(2) renumbered as Sch. para. 6(2)(a) (23.3.2011 being the day after the date of the first dissolution of the Scottish Parliament following the making of this S.S.I.) by Interests of Members of the Scottish Parliament Act 2006 (Modifications to the Schedule) Resolution 2011 (S.S.I. 2011/40), Annex para. 3(3)(a)
F3Sch. para. 6(2)(a) renumbered as Sch. para. 6(2)(a)(i) (23.3.2011 being the day after the date of the first dissolution of the Scottish Parliament following the making of this S.S.I.) by Interests of Members of the Scottish Parliament Act 2006 (Modifications to the Schedule) Resolution 2011 (S.S.I. 2011/40), Annex para. 3(3)(b)
F4Sch. para. 6(2)(b) renumbered as Sch. para. 6(2)(a)(ii) (23.3.2011 being the day after the date of the first dissolution of the Scottish Parliament following the making of this S.S.I.) by Interests of Members of the Scottish Parliament Act 2006 (Modifications to the Schedule) Resolution 2011 (S.S.I. 2011/40), Annex para. 3(3)(c)
F5Sch. para. 6(2)(b)(c) inserted (23.3.2011 being the day after the date of the first dissolution of the Scottish Parliament following the making of this S.S.I.) by Interests of Members of the Scottish Parliament Act 2006 (Modifications to the Schedule) Resolution 2011 (S.S.I. 2011/40), Annex para. 3(3)(d)
F6Words in Sch. para. 6(3) substituted (23.3.2011 being the day after the date of the first dissolution of the Scottish Parliament following the making of this S.S.I.) by virtue of Interests of Members of the Scottish Parliament Act 2006 (Modifications to the Schedule) Resolution 2011 (S.S.I. 2011/40), Annex para. 3(4)(a)
F7Words in Sch. para. 6(3) substituted for full stop (23.3.2011 being the day after the date of the first dissolution of the Scottish Parliament following the making of this S.S.I.) by virtue of Interests of Members of the Scottish Parliament Act 2006 (Modifications to the Schedule) Resolution 2011 (S.S.I. 2011/40), Annex para. 3(4)(b)
Commencement Information
I1This provision comes into force in accordance with s. 21(4)