
2025 No. 308
CONSTITUTIONAL LAW
REPRESENTATION OF THE PEOPLE
The Scottish Parliament (Disqualification of Members of the House of Lords) 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 4(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 4(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 Lords) 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 4 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 and 4.
Disqualification of members of the House of Lords
3 
In section 15(1) (disqualification from membership of the Parliament) after paragraph (b) insert—“
(bzb) the person is a member of the House of Lords,”.
Periods of exception
4 
In section 16 (exceptions and relief from disqualification)—
(a) subsection (1) is repealed,
(b) after subsection (1) insert—“
(1ZC) A person who is a member of the House of Lords 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)(bzb) (disqualification by virtue of being a member of the House of Lords) at any time in the period of 14 days beginning with the day on which the person is returned as a member of the Parliament.
(1ZD) A person who is a member of the Parliament and subsequently becomes a member of the House of Lords is not disqualified from being a member of the Parliament merely because of section 15(1)(bzb) at any time before the end of the period of 14 days beginning with the day on which the member makes and subscribes the oath (or corresponding affirmation) required of members of the House of Lords by the Parliamentary Oaths Act 1866.”.
GRAEME DEY
Authorised to sign by the Scottish Ministers
St Andrews House
Edinburgh
30th October 2025