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The Scottish Parliament (Disqualification of Councillors) Regulations 2025

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2025, ISBN 9780111063460

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before the Scottish Parliament under sections 5(3) and 72(3)(a) of the Scottish Elections (Representation and Reform) Act 2025, for approval by resolution of the Scottish Parliament.

CONSTITUTIONAL LAW

REPRESENTATION OF THE PEOPLE

Made 2025

Coming into force in accordance with regulation 1(2)

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 5(1) and (2) and 72(1) of the Scottish Elections (Representation and Reform) Act 2025 (the “2025 Act”)f1 and all other powers enabling them to do so.

In accordance with sections 5(3) and 72(3)(a) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

2025 asp 4.

Contents

  1. 1Citation, commencement and transitional provision
  2. 2Amendment to the Scotland Act 1998
  3. 3Disqualification of Councillors
  4. 4Periods of exception
  5. 5Limitation on salaries of members of the Parliament
  6. Signature
  7. Explanatory note

1Citation, commencement and transitional provision

(1)

These Regulations may be cited as the Scottish Parliament (Disqualification of Councillors) Regulations 2025.

(2)

They come into force on the day after the day on which they are made.

(3)

The amendments made by regulations 3 to 5 do not have effect until the day of the poll at the first general election for membership of the Scottish Parliament (see sections 2 and 3 of the Scotland Act 1998) held after the coming into force of these Regulations.

2Amendment to the Scotland Act 1998

The Scotland Act 1998f1 is modified in accordance with regulations 3 to 5.

3Disqualification of Councillors

In section 15f1 (disqualification from membership of the Parliament)—

(a)

after subsection (1)(b) insert—

“(bzc)

the person is a councillor,”,

(b)

in subsection (4) before the definition of “relevant notification requirements” insert—

  • ““councillor” means a member of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994f2.”.

4Periods of exception

(1)

In section 16f1 (exceptions and relief from disqualification) after subsection (1) insert—

“(1ZE)

A person who is a member of the Parliament and is subsequently returned as a councillor is not disqualified from being a member of the Parliament merely because of section 15(1)(bzc) (disqualification by virtue of being a councillor) at any time in the period of 49 days beginning with the day on which the person is returned as a councillor.

(1ZF)

Subsection (1ZG) applies if—

(a)

a person who is a councillor is subsequently returned as a member of the Parliament, and

(b)

on the day on which the councillor is so returned (the “return day”), the expected day of the next ordinary election of councillors is within the period of 372 days beginning with the return day.

(1ZG)

The person is not disqualified from being a member of the Parliament merely because of section 15(1)(bzc) at any time in the period beginning with the day on which the person is returned as a member of the Parliament and ending on the day of the poll at the next ordinary election of councillors.

(1ZH)

Otherwise, a person who is a councillor and is subsequently returned as a member of the Parliament is not disqualified from being a member of the Parliament because of section 15(1)(bzc) at any time in the period of 49 days beginning with the day on which the councillor is returned as a member of the Parliament.

(1ZI)

For the purposes of subsection (1ZF) “the expected day of the next ordinary election of councillors” is the day fixed or specified for the poll at the next ordinary election of councillors by, or under, section 43 or section 43A of the Representation of the People Act 1983f2, which has effect at the beginning of the return day.”.

5Limitation on salaries of members of the Parliament

At the end of section 82f1 (limitation on salaries of members of the Parliament) insert—

“(2C)

The Parliament must ensure that the amount of salary payable to a member of the Parliament in accordance with section 81(1) is reduced by the amount specified in subsection (2D) if remuneration is also payable to the member in respect of the same period under regulations made under section 11(1) of the Local Governance (Scotland) Act 2004f2 (“the 2004 Act”).

(2D)

The amount of the reduction for the purposes of subsection (2C) is the amount specified as payable to a councillor (who is not designated the Leader of the Council, the Civic Head or a senior councillor) by regulations made under section 11(1) of the 2004 Act.”.

Signature

Name

Authorised to sign by the Scottish Ministers

St Andrews House

Edinburgh

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Scotland Act 1998 to provide that a person who is a councillor on a Scottish council is disqualified from membership of the Scottish Parliament, subject to the exceptions provided. These Regulations come into force on the day after the day on which they are made, but do not disqualify any member of the Scottish Parliament (an “MSP”) until the poll at the next general election for members of the Scottish Parliament.

Regulation 3 disqualifies a person from membership of the Scottish Parliament if they are also a councillor.

Regulation 4 provides exceptions. An MSP who is subsequently returned as a councillor is not disqualified from being an MSP for 49 days beginning with the day on which they were returned as a councillor. A councillor who is subsequently returned as an MSP is not disqualified if there are 372 or fewer days between the day on which the person is returned as MSP and the day on which the next ordinary election of councillors is due to be held. If there are 373 or more days between the day on which the person is returned as an MSP and the next ordinary election of councillors, a councillor subsequently returned as an MSP is not disqualified from being an MSP for 49 days beginning with the day on which they are returned as an MSP.

Regulation 5 provides that the Scottish Parliament must ensure that an MSP who also receives a salary as a councillor has their MSP salary reduced by the amount of remuneration specified as payable to a councillor (who is not designated the Leader of the Council, Civic Head or a senior councillor) by regulations made under section 11(1) of the Local Governance (Scotland) Act 2004. The current regulations are the Local Governance (Scotland) Act 2004 (Remuneration) Regulations 2007 (S.S.I. 2007/183).