Scottish Ministers have implemented the Scottish Parliament (Disqualification of Councillors) Regulations 2025 under section 5 of the Scottish Elections (Representation and Reform) Act 2025. The measure disqualifies anyone serving as a councillor from being a Member of the Scottish Parliament, with defined exceptions and salary rules. Ministers indicated during consultation that the policy would apply from the next Holyrood general election.
The regulations operate by modifying the Scotland Act 1998. Section 15 (grounds of disqualification) is expanded to include “councillor”, with “councillor” aligned to members of councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994. Section 16 is used to set exceptions to disqualification, and section 82 is used to adjust salary where an MSP also receives councillor remuneration.
Two time‑limited protections apply. First, an MSP who is subsequently returned as a councillor is not disqualified from being an MSP for 49 days from the day they are returned as a councillor. This provides a short window to vacate one role without triggering immediate disqualification.
Second, where a councillor is subsequently returned as an MSP, there is a 372‑day rule linked to the next ordinary local government election. If, on the return day, the next ordinary council election is due within 372 days, the individual may serve in both roles until the day of that council poll; otherwise, the protection is a 49‑day period from the MSP return day.
For the 372‑day test, the “expected day” of the next ordinary election of councillors is determined by the Representation of the People Act 1983. Section 43 sets the ordinary local election poll for the first Thursday in May, and new section 43A (inserted by the 2025 Act) permits the Electoral Management Board convener to postpone an ordinary local poll by up to four weeks, after consulting the Electoral Commission, Ministers and the Secretary of State.
On pay, the Scottish Parliament must ensure an MSP’s salary is reduced by the amount of basic councillor remuneration payable under regulations made under section 11(1) of the Local Governance (Scotland) Act 2004. The current basic councillor pay level (from 1 April 2025) is £25,982, providing a practical benchmark for the deduction mechanism.
Timing matters for planning. Ordinary general elections to the Scottish Parliament are scheduled by statute for the first Thursday in May in the fifth calendar year after the previous ordinary election (subject to limited variation). The Government’s consultation stated the intention for these disqualification changes to apply from the 2026 election, so dual service arrangements before then should be assessed against the exceptions above.
For councillors planning to stand for Holyrood, the immediate question is whether the next ordinary council election falls within 372 days of any prospective return to Holyrood. If so, they can complete their council term and avoid a mid‑term vacancy; if not, they should expect to resign one office within 49 days of being returned to the second role. The same 49‑day period applies where an MSP is later returned as a councillor.
Failure to resolve a prohibited dual mandate within the permitted window engages the Scotland Act 1998 section 17 position: a disqualified member ceases to be an MSP and the seat becomes vacant, subject to any applicable resolution under section 16. Candidates, parties and returning officers should therefore plan timelines, declarations and resignations with these statutory periods in mind.