A member or member firm who communicates with UK government officials on behalf of clients (or others) may be deemed to be a consultant lobbyist and need to register as such. There are additional rules applying in Scotland. The following is a brief overview for information only and should not be relied upon for formal purposes.
If members or member firms are unclear on whether they should register, they are advised to refer to guidance issued by the relevant responsible body or to contact that body.
UK Register of Consultant Lobbyists
The Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (the Act) applies to persons who are registered for VAT and who communicate with a UK government minister, permanent secretary or equivalent (as noted in ORCL guidance) in the course of a business and in return for payment with regard to any function (including grants, contracts and licences), policy or legislation of the UK government on behalf of another person (eg. a client).
There are exceptions (listed in Schedule 1 to the Act), including for activity that is incidental (see ORCL guidance on this) to the non-lobbying activity of a business which consists mainly of non-lobbying activities and for certain membership organisations (of which ICAEW is one).
Consultant lobbyists must register with the ORCL, pay a fee, and submit quarterly returns or may be liable for civil or criminal penalties for breach.
Scotland
The Lobbying (Scotland) Act 2016 came into force on 12 March 2018. It covers certain communication with MSPs, Scottish government ministers, special advisers and the Scottish government’s permanent secretary.
