Scottish Elections (Representation and Reform) Act 2025

Disqualifications relating to sexual offences and notification requirements

6 Scottish Parliament: disqualification relating to sexual offences etc.

(1) The Scotland Act 1998 is modified as follows.

(2) In section 15 (disqualification from membership of the Parliament)—

(a) after subsection (1)(b), insert—

“(ba) the person is subject to—

(i) any relevant notification requirements, or

(ii) a relevant sexual harm or risk order,”, and

(b) after subsection (3), insert—

“(4) In this section and in section 16—

• “relevant notification requirements” has the same meaning as in section 31(4) of the Local Government (Scotland) Act 1973, and

• “relevant sexual harm or risk order” has the same meaning as in section 31(5) of the Local Government (Scotland) Act 1973.”.

7 Local authorities: disqualifications relating to sexual offences etc.

(1) The Local Government (Scotland) Act 1973 is modified as follows.

(2) In section 31(1) (disqualifications for nomination, election and holding office as member of local authority), after paragraph (d) insert—

“(e) the person is subject to—

(i) any relevant notification requirements, or

(ii) a relevant sexual harm or risk order,”.

(3) After section 31(3B), insert—

“(4) In this section, “relevant notification requirements” means—

(a) the notification requirements of Part 2 of the Sexual Offences Act 2003,

(b) the notification requirements of Part 2 of the Sex Offenders (Jersey) Law 2010,

(c) the notification requirements of Part 2 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013,

(d) the notification requirements of schedule 1 of the Criminal Justice Act 2001 (an Act of the Tynwald of the Isle of Man).

(5) In this section, “relevant sexual harm or risk order” means—

(a) a sexual harm prevention order under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016,

(b) a sexual harm prevention order under section 103A of the Sexual Offences Act 2003,

(c) sexual offences prevention order under section 104 of that Act,

(d) a sexual harm prevention order under section 345 of the Sentencing Act 2020,

(e) a restraining order under Article 10 of the Sex Offenders (Jersey) Law 2010,

(f) a sexual offences prevention order under section 18 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013,

(g) a sexual offences prevention order under section 1 of the Sex Offenders Act 2006 (an Act of the Tynwald of the Isle of Man),

(h) a sexual risk order under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016,

(i) risk of sexual harm order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005,

(j) a sexual risk order under section 122A of the Sexual Offences Act 2003,

(k) a risk of sexual harm order under section 123 of that Act,

(l) a child protection order under Article 11 of the Sex Offenders (Jersey) Law 2010,

(m) a risk of sexual harm order under section 22 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013,

(n) a risk of sexual harm order under section 5 the Sex Offenders Act 2006 (an Act of the Tynwald of the Isle of Man).

(6) The Scottish Ministers may by regulations make such amendments to subsection (4) and (5) as they consider appropriate in consequence of the amendment, repeal or re-enactment of any legislation of any of the Channel Islands or the Isle of Man which is for the time being specified in those provisions.

(7) Regulations under subsection (6) are subject to the affirmative procedure.”.