Scottish Ministers have made the Scottish Parliament (Disqualification of Members of the House of Lords) Regulations 2025, implementing section 4 of the Scottish Elections (Representation and Reform) Act 2025. The Regulations, made on 30 October and in force from 31 October 2025, modify the Scotland Act 1998 so that serving members of the House of Lords are disqualified from being Members of the Scottish Parliament. The Scottish Government’s equality assessment describes the change as targeted and intended to end dual mandates.
In legal terms, the instrument amends the Scotland Act 1998 by adding a new ground of disqualification to section 15(1) and by repealing the long‑standing exception in section 16(1) that previously allowed peers to sit at Holyrood. Prior to this change, section 16(1)(a) stated that a person was not disqualified merely because they were a peer. The Regulations reverse that position by inserting a specific prohibition on House of Lords members holding Holyrood seats.
Two short transition windows are created. A House of Lords member who is returned as an MSP is not disqualified for 14 days from the day of return. Separately, an MSP who becomes a member of the Lords is not disqualified for 14 days from the day they make and subscribe the Lords’ oath or affirmation under the Parliamentary Oaths Act 1866. These windows allow individuals to decide which office to retain.
The operative date for the new rule is deferred. The amendments introducing the House of Lords disqualification and the related exceptions first take effect on the polling day at the next general election to the Scottish Parliament after the Regulations came into force. There is therefore no immediate impact on any sitting MSP solely by virtue of Lords membership.
For parties and candidates, the practical effect is clear. A peer may contest a Holyrood seat but, if returned, must cease to be a member of the House of Lords within the 14‑day period or become disqualified. Once that window closes without action, the individual ceases to be an MSP and the seat becomes vacant under section 17 of the Scotland Act 1998.
For serving MSPs appointed to the Lords, the 14‑day clock starts when they take the Lords’ oath. If they remain a member of the Lords after that period, their Holyrood seat falls vacant. The trigger point is anchored to the oath requirements set by nineteenth‑century statute.
Procedure and scrutiny are as set in primary legislation. Section 4(3) of the 2025 Act requires the affirmative procedure, meaning Holyrood approval was needed and has been secured before the instrument was made. The instrument was signed on behalf of the Scottish Ministers by Graeme Dey at St Andrew’s House on 30 October 2025.
Ministers have chosen not to provide a leave‑of‑absence route for peers. Although the 2025 Act would have permitted exceptions linked to Lords leave of absence, the final text confines relief to the two 14‑day windows described above. This is consistent with the policy intent to end dual mandates in Holyrood.
The change sits within a wider package. Separate regulations covering MPs introduce a seven‑week resolution window and a salary rule for dual office‑holders, while further regulations address councillors. Each was developed following consultation and is supported by published equality impact assessments.
Operationally, the focus for administrators is post‑poll compliance. Disqualification arises on membership rather than nomination, so candidacy remains possible for peers; however, the return will only stand if the individual exits the Lords within the statutory window. Parties and returning officers should plan communications and timelines around the 14‑day threshold and the next Holyrood general election polling day.