Interests of Members of the Scottish Parliament (Amendment) Act 2016
Jurisdiction | Scotland |
Citation | 2016 asp 4 |
Year | 2016 |
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(6)
Gifts - (1) Where the circumstances are as described in sub-paragraph (2) or (3) .
- (2) 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—
- (a) 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, each valued at the date on which it was received, exceeds the specified limit; and, in either case,
- (c) that gift or those gifts meet the prejudice test.
- “aggregable benefit” means any of the following that is accepted by the member from the same person as gave the gift and in the same calendar year as the member accepted it—
- (a) any other gift of a kind to which sub-paragraph (3) (b) (i) and (c) applies;
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(b) any remuneration that is registrable by virtue of paragraph 2, and has a value exceeding £500 (but not exceeding £1,500) and consisting of—
- (i) the payment to the member of any expenses incurred directly or indirectly by the member in connection with any of the member's political activities; or
- (ii) a benefit in kind deriving from the payment by a person (other than the member) to a third party of expenses attributable to the member in connection with those activities;
- (c) any controlled transaction (construed in accordance with paragraph 6A) having a value not exceeding £1,500;
- (d) any overseas political visit (within the meaning given by sub-paragraph (4) , as read with sub-paragraph (5) , of paragraph 7) having a value exceeding £500 (but not exceeding £1,500) ;
- “candidate” has the same meaning as in section 118A, as read with section 90ZA(5) of the Representation of the People Act 1983 (c.2) ;
- “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 company;
- “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—
- (a) sub-paragraph (5) (b) (i) 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
- (b) sub-paragraph (5) (b) (ii) as “election expenses” has in section 90ZA of the Representation of the People Act 1983 (c.2) ;
- “political activities”, in relation to a member, means the political activities of the member as such or as a member of a registered political party or both;
- “specified limit” means 0.5% of a member's salary (rounded down to the nearest £10) at the beginning of the current parliamentary session.
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(6A)
Loans, credit facilities etc. - (1) Where a member enters into a controlled transaction and—
- (a) the value of the transaction is more than £1,500; or
- (b) if not, the aggregate value of it and any aggregable benefit or benefits exceeds £1,500.
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