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Interests of Members of the Scottish Parliament Act 2006

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Register of Interests of Members of the Scottish ParliamentS

1The registerS

(1)There shall be a Register of Interests of Members of the Scottish Parliament (in this Act referred to as “the register”).

(2)The register shall be kept by the Clerk at the office of the Clerk.

(3)In the register, there shall be an entry for each member which shall contain—

(a)the information required by or under this Act; and

(b)any other matter which the Parliament may determine should be included in each entry.

(4)The register shall be kept in such form (which need not be in documentary form) as the Clerk considers appropriate but, if it is kept otherwise than in documentary form, it shall be in such form that, when printed or displayed, it shows what the register contains.

Commencement Information

I1This provision comes into force in accordance with s. 21(4)

2Registrable interestsS

(1)In this Act, a “registrable interest” means a registrable financial interest.

(2)The schedule sets out the circumstances in which a member has, or had, a registrable financial interest.

(3)A financial interest is defined for the purposes of paragraph (a) of section 39(2) of the 1998 Act as a registrable financial interest.

Commencement Information

I2This provision comes into force in accordance with s. 21(4)

3Initial registration of registrable interestsS

(1)Each member shall register—

(a)any registrable interest which that member had on the date on which that member was returned; and

(b)any registrable interest which that member had before that date but which that member no longer had on that date, if that interest meets the prejudice test,

or declare that the member had no such interest.

(2)An interest meets the prejudice test if, after taking into account all the circumstances, that interest is reasonably considered to prejudice, or to give the appearance of prejudicing, the ability of the member to participate in a disinterested manner in any proceedings of the Parliament.

(3)A member shall comply with subsection (1) by lodging with the Clerk, not later than the relevant date, a written statement or, as the case may be, a written declaration.

(4)The relevant date for the purposes of subsection (3) is the date which is 30 days after the date on which the member has taken the oath of allegiance or made a solemn affirmation in accordance with section 84(1) of the 1998 Act.

[F1(5)But where the member acquired the registrable interest on the same date as the member was returned, the relevant date for the purposes of subsection (3) is the last day of the period of 30 days beginning with the date of the return.]

Textual Amendments

F1S. 3(5) added (5.5.2016 coming into force in accordance with s. 17 of the amending Act) by Interests of Members of the Scottish Parliament (Amendment) Act 2016 (asp 4), ss. 6(1), 16(2)

Commencement Information

I3This provision comes into force in accordance with s. 21(4)

4Written statementS

(1)A written statement shall be in such form as the Parliament may determine.

(2)A written statement shall contain such information about the interest or relating to it as the Parliament may determine.

(3)The Parliament may make different determinations under subsections (1) and (2) for different kinds of interests.

(4)The member may also include in the written statement such other information relating to the interest as the member wishes to disclose in the register.

(5)Within 30 days after a member has lodged with the Clerk a written statement in accordance with section 3, 5, 6 or 7, the Clerk shall—

(a)register that statement in the entry relating to the member in the register together with the date on which the statement was lodged; and

(b)send a copy of that entry to the member.

[F2(6)However, the Clerk need not register the address of any individual named or referred to in a written statement.]

Textual Amendments

F2S. 4(6) added (5.5.2016 coming into force in accordance with s. 17 of the amending Act) by Interests of Members of the Scottish Parliament (Amendment) Act 2016 (asp 4), ss. 7, 16(2)

Commencement Information

I4S. 4(1)(2) in force for specified purposes at 14.7.2006, see s. 21(3); s. 4 otherwise comes into force in accordance with s. 21(4)

5Registration of registrable interests acquired after date of returnS

(1)This section applies where a member acquires a registrable interest after the date on which the member was returned.

(2)Within 30 days [F3beginning with] the date on which the member acquired that interest, that member shall register that interest by lodging a written statement with the Clerk.

Textual Amendments

F3Words in s. 5(2) substituted (5.5.2016 coming into force in accordance with s. 17 of the amending Act) by Interests of Members of the Scottish Parliament (Amendment) Act 2016 (asp 4), ss. 6(2), 16(2)

Commencement Information

I5This provision comes into force in accordance with s. 21(4)

6Late registrationsS

(1)This section applies where a member becomes aware that a registrable interest which ought to have been registered by that member in accordance with section 3 or 5 has not been so registered.

(2)Within 7 days of becoming so aware, the member shall register that interest by lodging a written statement with the Clerk.

Commencement Information

I6This provision comes into force in accordance with s. 21(4)

7Voluntary registrationS

A member may at any time register an interest which a member is not required to register by lodging a written statement with the Clerk.

Commencement Information

I7This provision comes into force in accordance with s. 21(4)

8Deletion of interests from the registerS

(1)In this Act, a “ceased interest” means—

(a)an interest which is registered but which, if it had not been registered, would not now require to be registered; and

(b)an interest which is registered under section 7 but which the member no longer wishes to be registered.

(2)Where a member has a ceased interest, that member may lodge with the Clerk a written notice which identifies the interest in question, states that it is a ceased interest and gives the date on which it became a ceased interest.

(3)Within 30 days after a member has lodged a written notice in accordance with this section, the Clerk shall—

(a)amend the entry relating to that member in the register by recording in it that the interest is a ceased interest, the date mentioned in subsection (2), and the date on which the amendment was made in the register; and

(b)send a copy of the amended entry to that member.

(4)Not less than 12 months after the date on which the notice was lodged, the Clerk shall—

(a)amend the entry relating to that member in the register by deleting that interest and any information relating to it; and

(b)send a copy of the amended entry to that member.

Commencement Information

I8This provision comes into force in accordance with s. 21(4)

[F48AReporting and registration of changes to controlled transactionsS

(1)For the purposes of this section, there is a change to a registered interest that is a controlled transaction if—

(a)another person becomes party to the transaction (whether in place of or in addition to any existing party to it);

(b)there is a change to anything about which information was (or should have been) provided by the member in the written statement lodged by the member when registering the transaction;

(c)the transaction comes to an end.

(2)The reference in subsection (1)(b) to information provided is a reference to information—

(a)about or relating to the transaction; and

(b)provided in accordance with a determination under section 4(2).

(3)For the purposes of subsection (1)(c), a loan comes to an end if—

(a)the whole debt (or all the remaining debt) is repaid;

(b)the creditor releases the whole debt (or all the remaining debt).

(4)A member who has registered a controlled transaction shall notify the Clerk of any change to the transaction.

(5)A member shall comply with subsection (4) by lodging a written notice with the Clerk not later than the last day of the period of 30 days beginning with the day on which the change takes effect.

(6)A written notice shall—

(a)be in such form; and

(b)contain such information about the change or relating to it, as the Parliament may determine.

(7)Within 30 days after a member has lodged a written notice in accordance with this section, the Clerk shall—

(a)amend the entry relating to that member in the register so as to record the change and the date when it took effect; and

(b)send a copy of the amended entry to the member.]

9Other amendments to the registerS

(1)A member may at any time amend the entry relating to that member by lodging with the Clerk a written notice of the proposed amendment.

(2)Within 30 days after a member has lodged a written notice in accordance with this section, the Clerk shall—

(a)amend the entry relating to that member in the register by making the proposed amendment and recording the date on which the notice was lodged; and

(b)send a copy of the amended entry to that member.

(3)The Clerk may at any time amend an entry relating to a member in the register to correct any clerical or typographical error and shall send a copy of the amended entry to that member.

(4)Any amendment made in pursuance of this section may only amend the information about or relating to an interest which is registered but no amendment can be made which would delete, without replacing (with or without any variation) any of the information referred to in section 4(2).

(5)When a member ceases to be a member, the Clerk shall amend the entry relating to that member in the register by deleting it from the register.

Commencement Information

I9This provision comes into force in accordance with s. 21(4)

10Old entriesS

(1)When the Clerk amends an entry relating to a member in the register, the Clerk shall keep a copy of the old entries for a period of [F5at least 10] years from the date of making the last amendment.

(2)Section 1(4) shall apply to the keeping of the old entries as it applies to the keeping of the register.

(3)In this section, “the old entries”mean the original entry and any subsequent amended entry in the state in which it was before it was amended.

Textual Amendments

Commencement Information

I10This provision comes into force in accordance with s. 21(4)

11Publication of the register etc.S

(1)The Clerk shall publish the register at such intervals and in such manner as the Parliament may determine.

(2)The Clerk shall keep a copy of the register and of any old entries available for public inspection in such form and in such manner as the Clerk considers appropriate.

(3)The copy of the register and of any old entries shall be available for public inspection at the office of the Clerk on the days and at the times when that office is open.

Commencement Information

I11S. 11(1) in force for specified purposes at 14.7.2006, see s. 21(3); s. 11 otherwise comes into force in accordance with s. 21(4)

Declaration of interests and prohibition of paid advocacy etc.S

12Declarable interestsS

(1)In this Act, a “declarable interest” means a declarable financial interest.

(2)A member has a declarable financial interest in any matter if that member has, or had, a registrable financial interest in that matter which is registered in the entry relating to that member.

(3)A member has a financial interest for the purposes of paragraph (b) of section 39(2) of the 1998 Act if that member has a declarable financial interest.

Commencement Information

I12This provision comes into force in accordance with s. 21(4)

13Declaration of interestsS

(1)Any member who has a declarable interest in any matter shall declare that interest before taking part in any proceedings of the Parliament relating to that matter.

(2)For the purposes of subsection (1), a member shall declare an interest by making, in such circumstances as the Parliament may determine, either an oral or, as the case may be, a written declaration of that interest.

Commencement Information

I13S. 13(2) in force for specified purposes at 14.7.2006, see s. 21(3); s. 13 otherwise comes into force in accordance with s. 21(4)

14Prohibition of paid advocacy etc.S

(1)A member shall not by any means, in consideration of any payment or benefit in kind—

(a)advocate or initiate any cause or matter on behalf of any person; or

(b)urge any other member to advocate or initiate any cause or matter on behalf of any person.

(2)For the purposes of subsection (1)—

(a)any means” shall be construed as the doing of anything by a member in the capacity of a member, whether or not in any proceedings of the Parliament; and

(b)any payment or benefit in kind” means any payment or benefit in kind—

[F6(i)which the member receives, agrees to receive or requests and which falls within subsection (2A); or

(ii)which the member's spouse, civil partner or cohabitant receives, agrees to receive or requests and which falls within subsection (2B).

(2A)A payment or benefit in kind falls within this subsection if, after taking account of all the circumstances, it may reasonably be considered that the payment or benefit results (or, if and when made or given, would result) in some benefit to the member, other than a vote for that member in any election to the Parliament.

(2B)A payment or benefit in kind falls within this subsection if, after taking account of all the circumstances, it may reasonably be considered that the payment or benefit—

(a)is being provided (or, if and when made or given, would be provided) in connection with the Parliamentary duties of the member; and

(b)results (or, if and when made or given, would result) in some benefit to that member.]

(3)Subsection (1) shall not prevent a member receiving[F7, agreeing to receive or requesting] assistance in connection with any of the following matters—

(a)the preparation of a Member's Bill or of any amendment to a Bill, or any other matter relating to a Bill (whether before, during or after its passage in the Parliament and before it is submitted for Royal Assent); or

(b)a debate upon subordinate legislation (whether before or after its making); or

(c)a legislative consent motion.

Textual Amendments

F6 S. 14(2)(b)(i)-(2B) substituted for s. 14(2)(b)(i)(ii) (5.5.2016) by Interests of Members of the Scottish Parliament (Amendment) Act 2016 (asp 4) , ss. 9(a) , 16(3)

Commencement Information

I14This provision comes into force in accordance with s. 21(4)

SanctionsS

15Preventing or restricting participation in proceedings of the ParliamentS

(1)If a member—

(a)has, or had, a registrable interest in any matter and has failed to register it in accordance with section 3, 5 or 6; or

(b)has a declarable interest in any matter and has failed to declare that interest in accordance with section 13,

the Parliament may, in such manner as it considers appropriate in the particular case, prevent or restrict that member from participating in any proceedings of the Parliament relating to that matter.

(2)For the purposes of subsection (1)(a), a member has failed to register a registrable interest in the register if—

(a)that member has not lodged with the Clerk a written statement as required by section 3, 5 or 6, as the case may be; or

(b)after having lodged such a statement with the Clerk, the member has lodged with the Clerk a written notice under section 8 indicating that the interest is a ceased interest when it is not.

Commencement Information

I15This provision comes into force in accordance with s. 21(4)

16Exclusion from proceedings of the ParliamentS

Where a member fails to comply with, or contravenes, [F8section 3, 5, 6, 8A(4) and (5), 13 or 14 or a measure taken by the Parliament under section 15], the Parliament may, in such manner as it may determine, exclude that member from proceedings in the Parliament for such period as it may consider appropriate.

Textual Amendments

Commencement Information

I16This provision comes into force in accordance with s. 21(4)

[F917OffencesS

(1)Any member who—

(a)takes part in any proceedings of the Parliament without having complied with, or in contravention of, section 3, 5, 6, 8A(4) and (5) or 13 or a measure taken by the Parliament under section 15 or 16; or

(b)contravenes section 14,

is guilty of an offence.

(2)A person guilty of such an offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale.]

[F1017AOther sanctionsS

(1)If a member fails to comply with, or contravenes, section 3, 5, 6, 8A(4) and (5), 13 or 14 or a measure taken by the Parliament under section 15 or 16, the Parliament may, by resolution, do one or more of the following—

(a)exclude the member, for such period as the Parliament determines, from the premises of the Parliament or such part of them as it determines;

(b)withdraw, for such period as the Parliament determines, the member's right to use the facilities and services provided for members by the Parliamentary corporation or such of them as the Parliament determines;

(c)censure the member.

(2)Where a member is to be excluded from proceedings in the Parliament under section 16 or from the premises of the Parliament (or a part of them) under subsection (1)(a), the Parliament may also, by resolution, disallow payment of—

(a)the salary that would otherwise be payable to the member in respect of such period (not exceeding the duration of the exclusion) as it determines;

(b)the allowances that would otherwise be payable to the member in respect of such period (not exceeding the duration of the exclusion) as it determines; or

(c)both.

(3)In this section—

(a)premises” includes places to which the public has access;

(b)salary of the member” means the salary payable to the member by virtue of section 81(1) of the 1998 Act (including any salary payable because of section 83(4) of that Act (membership during dissolution));

(c)the references to a period not exceeding the duration of an exclusion are, where there are two exclusions of different lengths, references to the longer one.]

SupplementaryS

18Scottish Law OfficersS

(1)The following modifications of this Act shall apply in relation to a Scottish Law Officer who is not a member of the Parliament.

(2)Any reference in this Act to the date on which a member was returned shall be construed, in relation to such a Scottish Law Officer, as—

(a)in the case where there is a general election and a person who was a Scottish Law Officer before that election continues in the same office after that election, the date of the poll at that election; or

(b)in any other case, the date when that Scottish Law Officer was appointed to that office,

and any reference in this Act to “being returned as a member” shall be construed accordingly.

(3)For the purposes of subsection (2)(a), a Scottish Law Officer shall be regarded as continuing in office after an election if no other person is appointed to that office within 28 days after the date of the poll at that election.

(4)Section 3(4) [F11and (5)] shall not apply and, for the purposes of section 3(3), the relevant date, in relation to such a Scottish Law Officer, is the date which is 60 days after the date mentioned in subsection (2)(a) or the date which is 30 days after the date mentioned in subsection (2)(b), according to whichever applies.

(5)Section 9(5) shall not apply but the Clerk shall delete the entry relating to such a Scottish Law Officer, on the date when that person either ceases to be appointed to, or ceases to be deemed to continue in, that office.

Textual Amendments

F11Words in s. 18(4) inserted (5.5.2016 coming into force in accordance with s. 17 of the amending Act) by Interests of Members of the Scottish Parliament (Amendment) Act 2016 (asp 4), ss. 13, 16(2)

Commencement Information

I17This provision comes into force in accordance with s. 21(4)

19InterpretationS

(1)In this Act—

  • F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • 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 [F13as defined in section 1(1) of the Companies Act 2006]F13;

  • 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[F14(except in references to a member of a registered political party)] 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 [F15the Companies Acts (see section 1162 of the Companies Act 2006)]F15;

  • 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;

  • [F16registered political party” means a political party registered under Part II of the Political Parties, Elections and Referendums Act 2000 (c.41);]

  • 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 [F15the Companies Acts (see section 1162 of the Companies Act 2006)]F15; and

  • “undertaking”, except in paragraph 2(f) of the schedule, has the same meaning as in [F17the Companies Acts (see section 1161(1) of the Companies Act 2006)]F17.

(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.

[F18(4)For the purposes of the schedule, a member is to be taken as accepting a controlled transaction when it is entered into (even although, in the case of an arrangement of the kind mentioned in paragraph 6A(6) of the schedule, the member is not a party to the arrangement).]

Textual Amendments

F14 Words in s. 19(1) inserted (5.5.2016 coming into force in accordance with s. 17 of the amending Act) by Interests of Members of the Scottish Parliament (Amendment) Act 2016 (asp 4) , ss. 14(a)(i), 16(2)

F15 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 )

F16 Words in s. 19(1) inserted (5.5.2016 coming into force in accordance with s. 17 of the amending Act) by Interests of Members of the Scottish Parliament (Amendment) Act 2016 (asp 4) , ss. 14(a)(ii), 16(2)

F18 S. 19(4) added (5.5.2016 coming into force in accordance with s. 17 of the amending Act) by Interests of Members of the Scottish Parliament (Amendment) Act 2016 (asp 4) , ss. 14(b) , 16(2)

Commencement Information

I18S. 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)

20Revocation and savingS

(1)The day when this section comes into force is the day appointed for the purposes of Article 10 of the 1999 Order.

(2)The Clerk shall keep a copy of the register kept under the 1999 Order for a period of 5 years from the day when this section comes into force.

(3)Section 1(4) shall apply to the keeping of the register under subsection (2) as it applies to the keeping of the register under section 1.

Commencement Information

I19This provision comes into force in accordance with s. 21(4)

21Short title and commencementS

(1)This Act may be cited as the Interests of Members of the Scottish Parliament Act 2006.

(2)This Act comes into force in accordance with subsections (3) and (4).

(3)The following provisions of this Act come into force on the day after Royal Assent but only for the purpose of enabling the Parliament to make determinations to come into force when the remaining provisions of this Act come into force in accordance with subsection (4)—

(a)sections 4(1) and (2);

(b)section 11(1);

(c)section 13(2);

(d)section 19;

(e)this section; and

(f)the schedule, paragraph 8(2)(b).

(4)The provisions of this Act, to the extent that they are not already in force by virtue of subsection (3), come into force on the day after the date of the first dissolution of the Parliament following the date of Royal Assent.

Commencement Information

I20S. 21 in force for specified purposes at 14.7.2006, see s. 21(3); s. 21 otherwise comes into force in accordance with s. 21(4)

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This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

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liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

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