
1 

(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.
2 
The Scotland Act 1998 is modified in accordance with regulations 3 to 5.
3 
In section 15 (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 1994.”.
4 

(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.”.
5 
At the end of section 82 (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 2004 (“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.”.
GRAEME DEY
Authorised to sign by the Scottish Ministers
St Andrews House
Edinburgh
30th October 2025