SCHEDULERegistrable financial interests
Registrable financial interests
I11
A member has, or had, a registrable financial interest in the circumstances set out in the following paragraphs.
Remuneration F23and related undertaking
I22
F25A1
Where the circumstances are as described in sub-paragraph (1) or (1A).
1
Where a member receives, or has received, 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 F2....
F241A
Where a member is, or was—
a
a director in a related undertaking; or
b
a partner in a firm,
but does, or did, not receive remuneration by virtue of being such a director or partner.
2
A member does not fall within sub-paragraph (1) solely by virtue of being, or of having been, a member, a member of the Scottish Executive or a junior Scottish Minister or holding or having held the office of Presiding Officer, deputy Presiding Officer or member of the Parliamentary corporation F3or of Convener, deputy Convener or member of a Committee of the Parliament.
F13
Sub-paragraph (1) does not apply where the remuneration received from a person on a single, or on more than one, occasion during the current parliamentary session consists solely of expenses unless those expenses amount, or amount in aggregate, to more than the specified limit.
4
The exception in sub-paragraph (3) applies even although the remuneration received from that person on another occasion, or on other occasions, during that session does not consist solely of expenses.
5
In this paragraph—
“current parliamentary session” means the parliamentary session which begins immediately after, or in which, the member is returned;
“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 sub-paragraph (1)(d); and
“specified limit” means 1% of a member’s salary (rounded down to the nearest £10) at the beginning of the current parliamentary session.
Election expenses
F54
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sponsorship
F65
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Gifts
I36
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—
F7a
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
F8a
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—
F9i
the organiser of that conference; or
F10ii
one of the other parties attending that meeting,
as the case may beF11;
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 F13this 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 companyF12;
“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—
- i
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
- ii
sub-paragraph (2)(c)(iii) as “election expenses” has in section 90ZA of the Representation of the People Act 1983 (c.1) ;
- i
“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.
Overseas visits
I47
1
Where a member makes, or has made, a visit outside the United Kingdom and that visit meets the prejudice test.
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, civil partner or cohabitant;
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
I5 8
1
Where a member owns or holds, or has owned or held, any heritable property and sub-paragraph (2) applies.
2
This sub-paragraph applies where either—
a
the market value of the heritable property, at the relevant date, exceeds F14the specified limit; or
F15b
any income is received from the heritable property during the twelve months prior to the relevant date.
3
Sub-paragraph (1) applies to heritable property which a member owns or holds, or has owned or held—
a
solely in F16the member’s name;
b
jointly with any other person or body; or
c
as a trustee, whether or not jointly with other trustees, where the member has an interest as a beneficiary of the trust.
4
Sub-paragraph (1) does not apply to heritable property—
a
which is used as a residential home by the member or the member's spouse, civil partner or cohabitant;
b
which was used as a residential home by the member or the member's spouse, civil partner or cohabitant but which, for a period of not more than 12 months, is or was unoccupied and for sale; or
c
which forms part of the assets of a partnership and any income from that partnership is, or forms part of, the remuneration registered under paragraph 2 of this schedule.
5
Where a member has ceased to own or hold any heritable property before the date on which the member was returned as a member, the relevant date is the date when the heritable property ceased to be so owned or held.
6
Where a member owned or held any heritable property at the date on which the member 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 the heritable property continues to be so owned or held on that 5th April.
7
Where a member becomes the owner of or acquires any heritable property after the date on which that member was returned as a member, the relevant date is—
a
the date on which the member became the owner of or acquired that heritable property; and
b
the 5th April immediately following that date and in each succeeding year, where the heritable property continues to be so owned or held on that 5th April.
F268
In this paragraph—
“current parliamentary session” means the parliamentary session which begins immediately after, or in which, the member is returned; and
“specified limit” means 50% of a member’s salary (rounded down to the nearest £10) at the beginning of the current parliamentary session.
Modification
I710
1
The Parliament may, by resolution, make any modifications of this schedule which the Parliament considers necessary or expedient.
2
Immediately after any such resolution is passed, the Clerk shall send a copy of it to the Queen's Printer for Scotland; and Articles 5, 7(1), 8 and 9 of the Scotland Act 1998 (Transitional and Transitory Provisions) (Statutory Instruments) Order 1999 (SI 1999/1096) shall apply to it as if it were a Scottish statutory instrument
Words in Sch. para. 2 cross-heading 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. 1(1)