
2025 No. 307
CONSTITUTIONAL LAW
REPRESENTATION OF THE PEOPLE
The Scottish Parliament (Disqualification of Members of the House of Commons) Regulations 2025
Made 30th October 2025
Coming into force 31st October 2025
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 3(1) and (2) of the Scottish Elections (Representation and Reform) Act 2025 and all other powers enabling them to do so.In accordance with section 3(3) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation, commencement and transitional provision
1 

(1) These Regulations may be cited as the Scottish Parliament (Disqualification of Members of the House of Commons) 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.
Amendments to the Scotland Act 1998
2 
The Scotland Act 1998 is amended in accordance with regulations 3 to 5.
Disqualification of members of the House of Commons
3 
In section 15(1) (disqualification from membership of the Parliament) after paragraph (b) insert—“
(bza) the person is a member of the House of Commons,”.
Period of exception
4 
In section 16 (exceptions and relief from disqualification) after subsection (1) insert—“
(1ZA) A person who is a member of the House of Commons and is subsequently returned as a member of the Parliament is not disqualified from being a member of the Parliament merely because of section 15(1)(bza) (disqualification by virtue of being a member of the House of Commons) at any time in the period of 49 days beginning with the day on which the person is returned as a member of the Parliament.
(1ZB) A person who is a member of the Parliament and is subsequently returned as a member of the House of Commons is not disqualified from being a member of the Parliament merely because of section 15(1)(bza) at any time in the period of 49 days beginning with the day on which the person is returned as a member of the House of Commons.”.
Limits on salaries of members of the Parliament
5 
In section 82 (limits on salaries of members of the Parliament)—
(a) in subsection (1) omit paragraph (za) and the “or” immediately following it,
(b) in subsection (2)(b) for “(1)(za) or (a)” substitute “(1)(a)”,
(c) after subsection (2) insert—“
(2A) The Parliament is to make no payment of salary to a member of the Parliament in accordance with section 81(1) in respect of any period in which the member is or was also a member of the House of Commons.
(2B) Subsection (2A) does not apply to any salary payable to a member of the Parliament under section 81(1) in their capacity as—
(a) the First Minister,
(b) a Minister or junior Scottish Minister,
(c) the Lord Advocate or Solicitor General for Scotland,
(d) the Presiding Officer or a Deputy Presiding Officer.”.
GRAEME DEY
Authorised to sign by the Scottish Ministers
St Andrews House
Edinburgh
30th October 2025