Scottish Elections (Representation and Reform) Act 2025 (asp 4)

Part 2 S Disqualification

Prospective

Temporary relief from disqualification S

18 Persons holding office: temporary relief from effect of disqualification S

(1) The Scotland Act 1998 is modified by subsections (2) and (3).

(2) In section 16 (exceptions and relief from disqualification)—

(a) after subsection (1) insert—

“(1A) A person who is subject to—

(a) any relevant notification requirements,

(b) a relevant sexual harm or risk order, or

(c) a relevant disqualification order,

is not disqualified merely because of section 15(1)(ba), (bb) or, as the case may be, (bc) until the appropriate time.

(1B) The appropriate time is—

(a) the end of the period of 3 months beginning with the date of the imposition of the requirements or of the order date, or

(b) if earlier, the expiry of the ordinary period allowed for making—

(i) an appeal or application in respect of the conviction, finding, order or certification to which the relevant notification requirements relate,

(ii) an appeal against the relevant sexual harm or risk order, or

(iii) an appeal against the conviction or the making of the disqualification order.

(1C) But if, before the appropriate time mentioned in subsection (1B), the person makes such an appeal or application, the person is disqualified at the end of the period of 3 months beginning with the date of the imposition of the requirements or of the order date unless—

(a) the appeal or application is dismissed or abandoned at any earlier time (in which case the person is disqualified at that time), or

(b) at any time within that period of 3 months the appeal or application is upheld (in which case the person is not disqualified).”,

(b) in subsection (3), for “15(1)(b)” substitute “15(1)(b), (ba), (bb) or (bc)”,

(c) after subsection (5) insert—

“(6) In this section—

• “order date” means the date on which the relevant sexual harm or risk order or, as the case may be, relevant disqualification order is made by the court,

• “relevant disqualification order” means—

  (a)

  a Scottish disqualification order under section 8 of the Scottish Elections (Representation and Reform) Act 2025 (Scottish disqualification orders),

  (b)

  a disqualification order under section 30 of the Elections Act 2022 (disqualification of offenders from holding elective office etc).”.

(3) In section 17 (effect of disqualification)—

(a) in subsection (4), after “subject to” insert “section 16(1A) and”,

(b) for “that section” substitute “those sections”.

(4) The Local Government (Scotland) Act 1973 is modified by subsection (5).

(5) In section 31 (disqualifications for nomination, election and holding office as member of local authority)—

(a) after subsection (1) insert—

“(1ZA) A person who is subject to—

(a) any relevant notification requirements,

(b) a relevant sexual harm or risk order, or

(c) a relevant disqualification order,

is not disqualified merely because of subsection (1)(e), (f) or, as the case may be, (g) until the appropriate time.

(1ZB) The appropriate time is—

(a) the end of the period of 3 months beginning with the date of the imposition of the requirements or of the order date, or

(b) if earlier, the expiry of the ordinary period allowed for making—

(i) an appeal or application in respect of the conviction, finding, order or certification to which the relevant notification requirements relate,

(ii) an appeal against the relevant sexual harm or risk order, or

(iii) an appeal against the conviction or the making of the disqualification order.

(1ZC) But if, before the appropriate time mentioned in subsection (1ZB), the person makes such an appeal or application, the person is disqualified at the end of the period of 3 months beginning with the date of the imposition of the requirements or of the order date unless—

(a) the appeal or application is dismissed or abandoned at any earlier time (in which case the person is disqualified at that time), or

(b) at any time within that period of 3 months the appeal or application is upheld (in which case the person is not disqualified).

(1ZD) A person who is subject to any relevant notification requirements, a relevant sexual harm or risk order or a relevant disqualification order is suspended from performing any of the functions of a member of a local authority during the period beginning with the date of the imposition of the requirements or of the order date and ending with the date on which—

(a) the office is vacated in accordance with subsection (1ZB) or (1ZC), or

(b) an appeal mentioned in subsection (1ZB) is upheld.”,

(b) after subsection (7) insert—

“(8) In this section—

• “order date” means the date on which the relevant sexual harm or risk order or, as the case may be, relevant disqualification order is made by the court,

• “relevant disqualification order” means—

  (a)

  a Scottish disqualification order under section 8 of the Scottish Elections (Representation and Reform) Act 2025 (Scottish disqualification orders),

  (b)

  a disqualification order under section 30 of the Elections Act 2022 (disqualification of offenders for holding elective office etc).”.

Commencement Information

I1 S. 18 not in force at Royal Assent, see s. 73(2)

19 Transitional provision: disqualifications relating to sexual offences etc. S

(1) If a person who holds office as a member of the Scottish Parliament on the day on which section 6 comes into force is subject to any relevant notification requirements or a relevant sexual harm or risk order on that day, the amendments made by that section—

(a) do not have the effect of disqualifying that person, in respect of those requirements or of that order, for that person’s remaining term of office, but

(b) do have effect in relation to that person, in respect of those requirements or of that order, from the earlier of the day—

(i) of the first ordinary general election for membership of the Parliament (see section 2 of the Scotland Act 1998) held after the day on which section 6 comes into force, or

(ii) on which an election is held in accordance with section 9 of the Scotland Act 1998, following that member’s seat becoming vacant after the day on which section 6 comes into force.

(2) If a person who holds office as a member of a local authority on the day on which section 7 comes into force is subject to any relevant notification requirements or a relevant sexual harm or risk order on that day, the amendments made by that section—

(a) do not have the effect of disqualifying that person, in respect of those requirements or of that order, for that person’s remaining term of office, but

(b) do have effect in relation to that person, in respect of those requirements or of that order, from the earlier of the day—

(i) of the first ordinary local election (within the meaning of section 43(1C) of the Representation of the People Act 1983) held after the day on which section 7 comes into force, or

(ii) on which an election in accordance with section 37 of the Local Government (Scotland) Act 1973 is held following a casual vacancy in that person’s office occurring after the day on which section 7 comes into force.

(3) In this section—

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

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

Commencement Information

I2 S. 19 not in force at Royal Assent, see s. 73(2)