Scottish Ministers have made the Scottish Parliament (Disqualification of Councillors) Regulations 2025 (SSI 2025/306) under sections 5 and 72 of the Scottish Elections (Representation and Reform) Act 2025. The instrument was made on 30 October 2025 and comes into force on 31 October 2025, having been approved by resolution of the Scottish Parliament. However, the substantive amendments only take effect on the day of the poll at the first Scottish Parliament general election held after commencement.
The Regulations modify the Scotland Act 1998 to add “councillor” to the list of disqualifications from membership of the Scottish Parliament in section 15. For these purposes, “councillor” means a member of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994. Once the amendments bite, holding a council seat and Holyrood seat at the same time will not be permitted, subject to defined exceptions.
Where a serving MSP is subsequently returned as a councillor, the disqualification does not apply for a 49‑day period beginning on the day the individual is returned as a councillor. This creates a short window in which the member may resolve the incompatibility, typically by vacating one office.
Where a serving councillor is subsequently returned as an MSP and, on the return day, the expected day of the next ordinary election of councillors falls within 372 days, the person is not disqualified on account of being a councillor until the day of the poll at that ordinary council election. This allows an overlap until the scheduled end of the council term when elections are due within roughly twelve months.
If the next ordinary council election is 373 or more days away on the MSP return day, a councillor elected to Holyrood benefits only from a 49‑day grace period beginning on the day they are returned as an MSP. After that period, remaining a councillor would trigger disqualification from the Parliament.
For the 372‑day test, the “expected day of the next ordinary election of councillors” is the day fixed or specified for the poll by, or under, section 43 or section 43A of the Representation of the People Act 1983, as that date stands at the start of the MSP return day. The provision refers to the next ordinary election, not any by‑election.
A pay provision is also introduced. The Scottish Parliament must ensure that an MSP’s salary is reduced by an amount equal to the basic remuneration specified for a councillor under regulations made under section 11(1) of the Local Governance (Scotland) Act 2004, where the MSP is simultaneously in receipt of councillor pay for the same period. The benchmark is the amount for a councillor who is not designated Leader of the Council, Civic Head or senior councillor.
In practice, this means that any permitted overlap under the exceptions is accompanied by a salary offset equivalent to the basic councillor rate. The explanatory note to the instrument cites the Local Governance (Scotland) Act 2004 (Remuneration) Regulations 2007 (SSI 2007/183) as the current regulations setting those amounts, noting that designations such as leader or senior councillor are excluded from the offset calculation.
Timing is central. Although SSI 2025/306 commences on 31 October 2025, the disqualification and salary provisions in regulations 3 to 5 only take effect on the day of the poll at the first general election of the Scottish Parliament held after that date. Until that poll takes place, no MSP is disqualified by virtue of being a councillor, and the salary reduction requirement does not operate.
For candidates and parties, the Regulations set clear planning assumptions. Councillors seeking election to Holyrood should map the proximity of the next ordinary council election to determine whether the 372‑day provision applies; otherwise, resignation within 49 days of being returned as an MSP will generally be required to avoid disqualification. MSPs winning council seats will similarly have 49 days to resolve their position once the new rules are in force.
Legally, the instrument is tightly framed. It amends sections 15 and 16 of the Scotland Act 1998 to insert the new ground of disqualification and its exceptions, and section 82 to mandate the salary offset. The terms “returned” and “return day” follow standard electoral usage, aligning the operative dates with certification by returning officers. The net effect is to end dual mandates at Holyrood save for a short grace period or, where council elections are imminent, an overlap until the ordinary council poll.