Rule 3C.1 Parliamentary directions
direction that can be given by the Parliament to the Commissioner for Ethical
Standards in Public Life in Scotland under sections 24, 27, 28 or 31 of the
Lobbying (Scotland) Act 2016 (asp 16)(“the Lobbying Act”) shall be given by the
committee mentioned in Rule 6.4.
2. Where, under
reference to section 41(2)(c) of the Lobbying Act, provision on the giving of a
direction under Part 3 of that Act is contained within a resolution under
section 41(1) of the Act, Rule 3C.2 shall apply.
3. A direction
is given by the committee mentioned in Rule 6.4 if it is signed on its behalf
by the convener (or acting convener) of that committee.
Rule 3C.2 Parliamentary resolutions
1. This Rule applies to any motion of a member of the committee mentioned in Rule 6.4 which seeks by resolution:
(a) to modify the schedule of the Lobbying Act, under reference to the power to do so contained within section 1 of that Act;
(b) to make provision about Part 2 of the Lobbying Act, which may include modifying sections 4 to 14 of that Act, under reference to the power to do so contained within section 15 of that Act;
(c) to make provision (or further provision) about information notices, under reference to the power to do so contained within section 20 of the Lobbying Act; or
(d) to make provision about procedures to be followed when the Commissioner for Ethical Standards in Public Life in Scotland submits a report to the Parliament under Part 3 of the Lobbying Act, under reference to the obligation to do so contained within section 41 of that Act.
2. A motion to which this Rule applies shall be known as a lobbying resolution motion.
3. Rules 8.1 to 8.3 apply to a lobbying resolution motion with the exception of Rule 8.2.6.
4. Notice of a lobbying resolution motion may only be given by a member of the committee mentioned in Rule 6.4. Such a motion may not be amended. It may be moved only by the member giving notice of it or if that member is not available another member of the committee mentioned in Rule 6.4.
5. A lobbying resolution motion must include details (including the text) of the provision to be modified, or the provision or further provision to be made.
6. Before making a resolution under the Lobbying Act, the Parliament must consult the Scottish Ministers.
7. Immediately after a lobbying resolution motion is lodged, the Clerk shall arrange for the motion and any explanatory note to be published and shall refer the motion to the committee mentioned in Rule 6.11 for consideration.
8. In considering that lobbying resolution motion the committee mentioned in Rule 6.11 shall determine whether the attention of the Parliament should be drawn to any issue which would constitute a reporting ground in terms of Rule 10.3, as if the modification, provision or further provision set out within the motion were set out in an instrument, and shall report its decision with its reasons in any particular case. It shall do so by a date no later than 22 days after the day on which the motion is referred. In calculating the 22 day period under this paragraph no account shall be taken of any time during which the Parliament is dissolved or is in recess for more than 4 days.
9. A lobbying resolution motion will not be taken by the Parliament until 7 days after the committee mentioned in Rule 6.11 reports to the Parliament.
10. A resolution is made when a lobbying resolution motion, once moved by a member of the committee mentioned in Rule 6.4, is approved by the Parliament.