[F15Protection from actions for defamationS
(1)For the purposes of the law of defamation—
(a)any statement made by the Commissioner or a member of the Commissioner’s staff in pursuance of the Commissioner’s functions under the Ethical Standards Act F2... the Parliamentary Standards Act [F3or the Lobbying (Scotland) Act 2016] is absolutely privileged,
(b)any statement made by the Commissioner or a member of the Commissioner’s staff in pursuance of the Commissioner’s other functions has qualified privilege, and
(c)any statement made to the Commissioner or any member of the Commissioner’s staff in pursuance of the purposes of the Ethical Standards Act, the Parliamentary Standards Act F4... the Public Appointments Act [F5or the Lobbying (Scotland) Act 2016] has qualified privilege.
(2) In subsection (1), “statement” has the same meaning as in the Defamation Act 1996 (c.31) . ]
Textual Amendments
F1S. 5 substituted (1.7.2013) by The Public Services Reform (Commissioner for Ethical Standards in Public Life in Scotland etc.) Order 2013 (S.S.I. 2013/197), art. 1, Sch. 1 para. 5
F2Word in s. 5(1)(a) repealed (12.3.2018) by Lobbying (Scotland) Act 2016 (asp 16), ss. 38(3)(a)(i), 52(2); S.S.I. 2018/73, reg. 2
F3Words in s. 5(1)(a) inserted (12.3.2018) by Lobbying (Scotland) Act 2016 (asp 16), ss. 38(3)(a)(ii), 52(2); S.S.I. 2018/73, reg. 2
F4Word in s. 5(1)(c) repealed (12.3.2018) by Lobbying (Scotland) Act 2016 (asp 16), ss. 38(3)(b)(i), 52(2); S.S.I. 2018/73, reg. 2
F5Words in s. 5(1)(c) inserted (12.3.2018) by Lobbying (Scotland) Act 2016 (asp 16), ss. 38(3)(b)(ii), 52(2); S.S.I. 2018/73, reg. 2