CONSTITUTIONAL LAW Citation and commencement 1 This Order may be cited as the Scotland Act 1998 (Transitory and Transitional Provisions) (Members' Interests) Order 1999 and shall come into force on 4th June 1999. Interpretation 2 1 In this Order– “ the Act ” means the Scotland Act 1998; “the 1985 Act ” means the Companies Act 1985 ; “associate” shall be construed in accordance with section 74 of the Bankruptcy (Scotland) Act 1985 ; “the Clerk” means the Clerk of the Parliament; “cohabitee” in relation to a member includes a person, whether of the opposite sex or not, who is living with that member in a relationship similar to that of husband and wife; “company” means a company within the meaning of the 1985 Act; “member” means a member of the Scottish Parliament and includes the Lord Advocate and the Solicitor General for Scotland even if they are not members of the Scottish Parliament; “parent undertaking” has the same meaning as in section 258 of the 1985 Act; “the Register” means the Register of Interests of Members of the Scottish Parliament established under article 3; “registrable interest” shall be construed in accordance with article 4(1); “remuneration” includes any salary, wage, share of profits, fee, expenses, other monetary benefit or benefit in kind; “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; “subsidiary undertaking” has the same meaning as in section 258 of the 1985 Act; “undertaking” has the same meaning as in section 259 of the 1985 Act. 2 Any reference in this Order to the date when a person is returned as a member shall, in relation to the Lord Advocate or the Solicitor General for Scotland if he is not a member of the Scottish Parliament, be construed as a reference to the date when he is appointed to that office. 3 In this Order, unless the context otherwise requires– a a reference to a numbered section is a reference to the section so numbered in the Act; b a reference to a numbered article is a reference to the article of this Order so numbered; c a reference to the Schedule is a reference to the Schedule to this Order; and d a reference in an article or the Schedule to a numbered paragraph is a reference to the paragraph of that article or of the Schedule so numbered. Register of Interests of Members of the Scottish Parliament 3 1 There shall be a Register of Interests of Members of the Scottish Parliament. 2 The Register shall contain– a an entry for each member which shall consist of– i in the case of a statement lodged under article 4(2)(a)– a such details as are mentioned in article 4(3)(a) to (d); and b such other information disclosed by a member under article 4(3)(e) as the Presiding Officer may determine; ii in the case of a statement lodged under article 4(2)(b) or (4), such details of that statement as the Presiding Officer may determine; and iii the date on which any such statement was lodged; and b any other matter which the Parliament may decide should be included in the Register. 3 The Clerk shall, not later than 30 days after a statement is lodged under article 4(2)(a), (2)(b) or (4), enter in the Register the matters specified in paragraph (2)(a) in respect of that statement and shall send to each member a copy of the entry relating to him. 4 The Register may be amended by the Clerk at any time to take account of a statement lodged under article 4(5), (6) or (7) and the Clerk shall send to each member who has lodged such a statement a copy of the amended entry. 5 The Clerk may at any time alter the Register to correct any clerical or typographical error in any entry. 6 The Register shall be printed and published by the Clerk at such intervals and in such manner as the Parliament may determine. 7 A copy of the Register shall be kept by the Clerk at the office of the Clerk and shall be available for inspection by any person on the days and at the times when the office of the Clerk is open. 8 The Register may be kept in such form (which need not be documentary form) as the Clerk may consider appropriate and, if it is kept otherwise than in documentary form, it shall be in such form that when printed or displayed it shows the information mentioned in paragraph (2). Registration of registrable interests 4 1 The Schedule sets out the circumstances in which a member has a registrable interest. 2 Each member shall, not later than the relevant date mentioned in paragraph (8), lodge with the Clerk a written statement– a giving details of any registrable interest falling within any of the following categories– i any registrable interest which he had at the date on which he was returned as a member; ii any registrable interest which he has had at any time since that date; iii any registrable interest which he has at the date on which he lodges the statement with the Clerk; or b declaring that– i he had no registrable interest on the date on which he was returned as a member; ii he has had no registrable interest at any time since that date; and iii he has no registrable interest at the date on which he lodges the statement with the Clerk. 3 A statement lodged under paragraph (2)(a) shall be in such form as may be specified by the Presiding Officer and shall contain– a such details of any registrable interest and such other information as, in the opinion of the Presiding Officer, are necessary to identify clearly the nature of the interest and, where relevant, its source; b details of the monetary value of the interest; c where the registrable interest falls within paragraph 2 or 3 of the Schedule, such details as the Presiding Officer may determine of any clients to whom the member provides services in his capacity as a member where those clients are– i clients of an undertaking of which he is a director as mentioned in paragraph 2 or 3 of the Schedule; or ii clients of the member (in any capacity) or any employer or firm as mentioned in paragraph 2 of the Schedule; d where– i the registrable interest falls within paragraph 6 of the Schedule; and ii any gift is received by the member, his spouse or cohabitee, or a company or partnership as mentioned in that paragraph, from any other person whose principal residence or place of business, as the case may be, is outside the United Kingdom, such details as the Presiding Officer may determine of that person and principal residence or place of business; and e such other information as the member wishes to disclose. 4 A member who has an interest which may be relevant to the proceedings of the Parliament but which is not a registrable interest may at any time lodge with the Clerk a written statement giving details of the interest including the date on which he acquired the interest. 5 If, after lodging a statement under paragraph (2)(a) or (b), a member becomes aware that he has a registrable interest in respect of which he has not lodged a statement under paragraph (2)(a), he shall forthwith lodge a statement under paragraph (2)(a) in respect of that interest. 6 If, after lodging a statement under– a paragraph (2)(a), a member acquires an additional registrable interest; or b paragraph (2)(b), a member acquires a registrable interest, the member shall, not later than 30 days after the date on which he acquired that interest, lodge a statement under paragraph (2)(a) in respect of that interest and shall also give notice of that date. 7 If, after lodging a statement under paragraph (2)(a) or (4), a member ceases to have an interest detailed in that statement he may lodge with the Clerk a written statement– a identifying the interest in question; and b giving the date on which he ceased to have that interest. 8 The relevant date for the purposes of paragraph (2) is– a in any case where a member has taken the oath of allegiance or made his solemn affirmation before the date of the coming into force of this Order, the date which is 15 days after that date; b in any other case, the date which is 30 days after the date on which he has taken his oath of allegiance or made his solemn affirmation. Declaration of registrable interest in proceedings of the Parliament 5 1 Where a member has a registrable interest in respect of which he has lodged a statement under article 4(2)(a) which would prejudice or give the appearance of prejudicing his ability to participate in a disinterested manner in proceedings of the Parliament relating to any particular matter, he shall, before otherwise participating in those proceedings, make an oral statement in those proceedings declaring the nature of that registrable interest. 2 For the purpose of paragraph (1), a member participates in proceedings of the Parliament if he takes part in those proceedings in any way other than voting. Advocacy 6 Where, at any time after the date on which he was returned as a member, a member receives or expects to receive any remuneration, he shall not– a do anything in his capacity as a member in any proceedings of the Parliament which relates directly to the affairs or interests of, or which seeks to confer benefit upon, the person from whom the member received or expects to receive remuneration or to the affairs and interests of a client or an associate of that person; or b encourage any other member to do anything mentioned in paragraph (a). Participation in proceedings 7 1 The Parliament may prevent or restrict any member from participating in proceedings of the Parliament to such extent and for such period as the Parliament may consider appropriate, where those proceedings relate to a matter in which a member has a registrable interest in respect of which the member has failed to– a lodge a statement under article 4(2)(a); or b make an oral statement in accordance with article 5(1). 2 Where any member fails to comply with or contravenes the requirements of article 4(2)(a), 4(6), 5, 6 or paragraph (1), the Parliament may exclude him from proceedings of the Parliament for such period as the Parliament may consider appropriate. Offences 8 1 Any member who takes part in any proceedings of the Parliament without having complied with, or in contravention of, article 4(2)(a), 4(6), 5 or 6 is guilty of an offence. 2 A member guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. Complaints 9 Any person may inform the Presiding Officer if he considers that a member– a has taken part in any proceedings of the Parliament without having complied with, or in contravention of, article 4(2)(a), 4(5), 5 or 6; or b has contravened any resolution of the Parliament made in pursuance of article 7. Duration 10 This Order, unless previously revoked by the Secretary of State, shall cease to have effect on the day appointed by or under an Act of the Scottish Parliament. Henry McLeish Minister of State, Scottish Office St Andrew’s House, Edinburgh 12th May 1999