Scottish Elections (Representation and Reform) Act 2025

3 Scottish Parliament: disqualification of MPs

(1) The Scottish Ministers must lay before the Scottish Parliament a draft of a Scottish statutory instrument containing regulations which—

(a) make provision to the effect that a person is disqualified from membership of the Scottish Parliament if that person is a member of the House of Commons, and

(b) make any incidental, supplementary, consequential, transitional, transitory or saving provision the Scottish Ministers consider appropriate for the purposes of, in connection with or for giving full effect to that disqualification.

(2) Regulations under subsection (1) may, in particular—

(a) modify section 15(1) of the Scotland Act 1998 (disqualification from membership of the Parliament),

(b) modify section 16 of the Scotland Act 1998 (exceptions and relief from disqualification) so as to—

(i) provide under subsection (3) of that section that the Scottish Parliament may not resolve to disregard the disqualification imposed by the regulations,

(ii) provide for a period of exception from the disqualification for any person recently returned at an election,

(iii) provide for an exception from the disqualification for any person who is serving as a member of the Scottish Parliament on the day the regulations come into force, provided that any exception is limited to a period of time no longer than the period between that day and the day of the next ordinary general election under section 2 of the Scotland Act 1998,

(c) modify section 17 of the Scotland Act 1998 (effect of disqualification) so as to make provision about—

(i) which proceedings of the Scottish Parliament a person may or may not participate in during any excepted period provided in accordance with subsection (2)(b)(ii), and

(ii) which of the person’s other rights and privileges as a member of the Scottish Parliament may be withdrawn by a resolution of the Parliament,

(d) modify section 82 of the Scotland Act 1998 (limits on salaries of members of the Parliament),

(e) make different provision for different purposes.

(3) Regulations under subsection (1) are subject to the affirmative procedure.

(4) After the Scottish Ministers lay the first draft Scottish statutory instrument containing regulations under subsection (1), they may lay further such instruments under that subsection.