Interests of Members of the Scottish Parliament Act 2006 (asp 12)

Supplementary S

19 Interpretation S

(1) In this Act—

• F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the 1998 Act” means the Scotland Act 1998 (c. 46);

• “the 1999 Order” means the Scotland Act 1998 (Transitory and Transitional Provisions) (Members' Interests) Order 1999 (S.I. 1999/1350);

• “ceased interest” shall be construed in accordance with section 8(1);

• “civil partner” in relation to a member does not include a former civil partner or a civil partner who is living separately and apart from the member where the separation is likely to be permanent;

• “the Clerk” means the Clerk of the Parliament;

• “cohabitant” means either member of a couple consisting of—

  (a)

  a man and a woman who are living together as if they were husband and wife; or

  (b)

  two persons of the same sex who are living together as if they were civil partners;

• “company” means a company [F2 as defined in section 1(1) of the Companies Act 2006]F2 ;

• “declarable interest” shall be construed in accordance with section 12(1);

• “declarable financial interest” shall be construed in accordance with section 12(2);

• “financial interest” includes benefits in kind;

• “heritable property” includes any right or interest in heritable property whether in Scotland or elsewhere;

• “member” means a member of the Scottish Parliament and, subject to section 18, includes a Scottish Law Officer where that officer is not a member of the Parliament;

• “member's salary” means the gross annual salary of a member as a member;

• “old entries” shall be construed in accordance with section 10(3);

• “parent undertaking” has the same meaning as in [F3 the Companies Acts (see section 1162 of the Companies Act 2006)]F3 ;

• “parliamentary session” means the period from the date of the first meeting of the Parliament following a general election until the Parliament is dissolved;

• “prejudice test” shall be construed in accordance with section 3(2);

• “the register” means the Register of Interests of Members of the Scottish Parliament established under section 1(1) and associated words shall be construed accordingly;

• “registrable interest” shall be construed in accordance with section 2(1);

• “registrable financial interest” shall be construed in accordance with section 2(2) and the schedule;

• “remuneration” includes any salary, wage, share of profits, fee, expenses, other monetary benefit or benefit in kind;

• “Scottish Law Officer” means the Lord Advocate or the Solicitor General for Scotland;

• “shares” includes stock;

• “spouse” in relation to a member does not include a former spouse or a spouse who is living separately and apart from the member where the separation is likely to be permanent;

• “subsidiary undertaking” has the same meaning as in [F3 the Companies Acts (see section 1162 of the Companies Act 2006)]F3 ; and

• “undertaking”, except in paragraph 2(f) of the schedule, has the same meaning as in [F4 the Companies Acts (see section 1161(1) of the Companies Act 2006)]F4 .

(2) Any reference in this Act to—

(a) an interest meeting the prejudice test shall be construed in accordance with section 3(2); or

(b) lodging a written statement with the Clerk shall be construed in accordance with section 4.

(3) For the purposes of this Act, a member has registered an interest in the register if—

(a) that member has lodged with the Clerk a written statement in accordance with section 3, 5, 6 or 7, irrespective of whether or not the Clerk has registered that statement; and

(b) that member has not lodged with the Clerk a written notice under section 8 indicating that the interest is a ceased interest,

and any reference in this Act to an interest being registered shall be construed accordingly.

Textual Amendments

F1 S. 19(1) : definition of "the 1985 Act" omitted (1.10.2009) by virtue of The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941) , art. 2(1) , Sch. 1 para. 262(2) (with art. 10 )

F2 S. 19(1) : words in definition of "company" substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941) , art. 2(1) , Sch. 1 para. 262(3) (with art. 10 )

F3 S. 19(1) : words in definitions of "parent undertaking" and "subsidiary undertaking" substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941) , art. 2(1) , Sch. 1 para. 262(4) (with art. 10 )

F4 S. 19(1) : words in definition of "undertaking" substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941) , art. 2(1) , Sch. 1 para. 262(5) (with art. 10 )

Commencement Information

I1 S. 19 in force for specified purposes at 14.7.2006, see s. 21(3); s. 19 otherwise comes into force in accordance with s. 21(4)