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Lobbying (Scotland) Act 2016

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Lobbying (Scotland) Act 2016. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. The Act

  3. Commentary on Sections

    1. Part 1 – Core Concepts

      1. Section 1: Regulated lobbying and the schedule: communications which are not lobbying

        1. Communications made on individual’s own behalf

        2. Communications made to a member for constituency or region

        3. Communications not made in return for payment

        4. Communications by small organisations

        5. Communications in Parliament or required under statute

        6. Communications made on request

        7. Cross-party groups

        8. Journalism

        9. Communications in relation to terms and conditions of employment

        10. Communications by political parties

        11. Communications in the conduct of public affairs

      2. Section 1: Additions to the Schedule

      3. Section 2: Government or parliamentary functions

    2. Part 2 – The lobbying register

      1. Active registrants

      2. Inactive registrants

      3. Voluntary registrants

      4. Clerk’s duty to publish information from the register

        1. Information about identity

        2. Information about regulated lobbying activity

        3. Duty to register

        4. Application for registration

        5. Entry in the register

        6. Information returns

        7. Reclassification as an inactive registrant

        8. Voluntary registration

        9. Power to specify requirements about the register

    3. Part 3 – Oversight and Enforcement

      1. (a) the Clerk

        1. Clerk’s duty to monitor compliance

        2. Information notices

      2. (b) the Commissioner – investigation of complaints and report to Parliament

        1. Assessment of admissibility of complaints

        2. Investigation of admissible complaint and report to Parliament

        3. Withdrawal of a complaint

        4. Commissioner’s discretionary reports to Parliament

        5. Restriction on Commissioner’s advice

        6. Directions to the Commissioner

        7. Commissioner investigations: witnesses and documents

        8. Commissioner investigations - restriction on disclosure of information

        9. Commissioner’s functions etc.

        10. Investigation of performance of Commissioner’s functions

        11. Parliament’s power to censure

        12. Power to make further provision about Parliament’s procedures etc.

      3. (c) offences

    4. Part 4 – Guidance, code of conduct and public awareness

      1. Parliamentary guidance

      2. Code of conduct for persons lobbying MSPs

      3. Public awareness and understanding of the Act

    5. Part 5 – Final provisions

  4. Parliamentary History

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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