Interests of Members of the Scottish Parliament (Amendment) Act 2016

JurisdictionScotland
Citation2016 asp 4
Year2016
  • The Interests of Members of the Scottish Parliament Act 2006 is amended as in sections 2 to 14.
  • In the definition of “specified limit” in sub-paragraph (5) of paragraph 2 of the schedule (which, among other things, exempts from registration certain expenses expressed as a percentage of salary) , for “1%” there is substituted
  • For paragraph 6 of the schedule (registrable gifts) there is substituted—
    • (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.
  • Where the circumstances are as described in sub-paragraph (2) or (3) .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; orin 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,that gift or those gifts meet the prejudice test.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 £1,500; orthe value of the gift, at the date on which it was received, exceeds £500 (but does not exceed £1,500) ; andthe aggregate value of the gift and any aggregable benefit or benefits, each valued at the date on which it was received, exceeds £1,500; and, in either case,offered to the member; orhaving been accepted, retained by the member,the organiser of that conference; orone of the other parties attending that meeting,any support (of any kind) provided by the services of a volunteer which are provided in that volunteer's own time and free of charge; orthe election expenses of the member in relation to the election at which that member was returned as a member of the Scottish Parliament; orthe election expenses of the member in relation to any UK parliamentary election at which that member stands as a candidate,Sub-paragraph (3) does not apply to a gift or other benefit which the member has returned (or repaid) or sent to the Electoral Commission in accordance with sections 56 and 57 of the Political Parties, Elections and Referendums Act 2000 (c.41) (as applied by paragraph 8 of Schedule 7 to that Act) .The reference in sub-paragraph (3) (b) (ii) to a benefit being valued at the date on which it was received is, in the case of a controlled transaction, a reference to its being valued at the date on which it was entered into.For the purposes of this paragraph—
    • 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;
      • (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.
  • After paragraph 6 of the schedule, there is inserted—
    • (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.
  • the value of the transaction is more than £1,500; orif not, the aggregate value of it and any aggregable benefit or benefits exceeds £1,500.Sub-paragraphs (3) to (10) define and provide further about controlled transactions.An agreement between the member and another person by which that person lends money to the member is a controlled transaction if the use condition (see sub-paragraph (9) ) is satisfied.An agreement between the member and another person by which that person provides a credit facility to the member is a controlled transaction if the use condition (see sub-paragraph (9) ) is satisfied.A credit facility is an agreement whereby a member is enabled to receive from time to time from another party to the agreement a loan of money not exceeding such amount (taking account of any repayments made by the member) as is specified in or determined in accordance with the agreement.the member and another person enter into a controlled transaction of a kind mentioned in sub-paragraph (3) or (4) or a transaction under which any property, services or facilities are provided for the use or benefit of the member (including the services of any person) ;the other person also enters into an arrangement where a third person gives any form of security for a sum owed to the other person

    To continue reading

    Request your trial

    VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT