# The Scottish Parliament (Disqualification of Councillors) Regulations 2025, Regulation 4: Periods of exception


(1) In section 16 (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 1983, which has effect at the beginning of the return day.”.

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Source: https://www.legislation.gov.uk/sdsi/2025/9780111063460/regulation/4 (the official version)
Page: https://openlegislation.uk/draft-scottish-parliament-disqualification-of-councillors-regulations-2025/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.