Section 12 of the Act provides that if a person is or was a DPO (whether before or after the passing of the Act), and
the person’s name is required to be included in a return of lobbying activities submitted by the lobbyist for that period. The person’s name will, therefore, appear on the Register as a person who carried out lobbying activities relating to the return. This requirement does not apply where a person asks an elected representative to communicate on their behalf in their capacity as an elected representative (e.g. to make representations to a Minister or to arrange a meeting with a public body). In such cases the elected representative is being lobbied and should be included on the return as a DPO who has been lobbied. If, however, an elected representative is communicating in another capacity e.g. as Chairperson of a representative body or advocacy group which is within scope, then the elected representative would need to be included in a return of lobbying activities as a person who carried out lobbying activities relating to the return.