Part 2

Disqualification

Disqualifications: MPs, members of the House of Lords and councillors

Scottish Parliament: disqualification of MPs
3
1
The Scottish Ministers must lay before the Scottish Parliament a draft of a Scottish statutory instrument containing regulations which—
a
make provision to the effect that a person is disqualified from membership of the Scottish Parliament if that person is a member of the House of Commons, and
b
make any incidental, supplementary, consequential, transitional, transitory or saving provision the Scottish Ministers consider appropriate for the purposes of, in connection with or for giving full effect to that disqualification.
2
Regulations under subsection (1) may, in particular—
a
modify section 15(1) of the Scotland Act 1998 (disqualification from membership of the Parliament),
b
modify section 16 of the Scotland Act 1998 (exceptions and relief from disqualification) so as to—
i
provide under subsection (3) of that section that the Scottish Parliament may not resolve to disregard the disqualification imposed by the regulations,
ii
provide for a period of exception from the disqualification for any person recently returned at an election,
iii
provide for an exception from the disqualification for any person who is serving as a member of the Scottish Parliament on the day the regulations come into force, provided that any exception is limited to a period of time no longer than the period between that day and the day of the next ordinary general election under section 2 of the Scotland Act 1998,
c
modify section 17 of the Scotland Act 1998 (effect of disqualification) so as to make provision about—
i
which proceedings of the Scottish Parliament a person may or may not participate in during any excepted period provided in accordance with subsection (2)(b)(ii), and
ii
which of the person’s other rights and privileges as a member of the Scottish Parliament may be withdrawn by a resolution of the Parliament,
d
modify section 82 of the Scotland Act 1998 (limits on salaries of members of the Parliament),
e
make different provision for different purposes.
3
Regulations under subsection (1) are subject to the affirmative procedure.
4
After the Scottish Ministers lay the first draft Scottish statutory instrument containing regulations under subsection (1), they may lay further such instruments under that subsection.

Scottish Parliament: disqualification of members of the House of Lords
4
1
The Scottish Ministers must lay before the Scottish Parliament a draft of a Scottish statutory instrument containing regulations which—
a
make provision to the effect that a person is disqualified from membership of the Scottish Parliament if that person is a member of the House of Lords, and
b
make any incidental, supplementary, consequential, transitional, transitory or saving provision the Scottish Ministers consider appropriate for the purposes of, in connection with or for giving full effect to that disqualification.
2
Regulations under subsection (1) may, in particular—
a
modify section 15(1) of the Scotland Act 1998 (disqualification from membership of the Parliament),
b
modify section 16 of the Scotland Act 1998 (exceptions and relief from disqualification) so as to—
i
remove the exceptions from disqualification in subsection (1) of that section,
ii
provide under subsection (3) of that section that the Scottish Parliament may not resolve to disregard the disqualification imposed by the regulations,
iii
provide for a period of exception from the disqualification for any person recently returned at an election,
iv
provide for periods of exception from the disqualification for any person who would otherwise be disqualified, provided that person—
A
has a leave of absence from the House of Lords,
B
has made an application for such leave and the application has not been withdrawn or refused, or
C
was on leave of absence immediately before the UK Parliament was dissolved,
v
provide for an exception from the disqualification for any person who is serving as a member of the Scottish Parliament on the day the regulations come into force, provided that any exception is limited to a period of time no longer than the period between that day and the day of the next ordinary general election under section 2 of the Scotland Act 1998,
c
modify section 17 of the Scotland Act 1998 (effect of disqualification) so as to make provision about—
i
which proceedings of the Scottish Parliament a person may or may not participate in during any excepted periods provided in accordance with subsection (2)(b)(iii) or (iv), and
ii
which of the person’s other rights and privileges as a member of the Scottish Parliament may be withdrawn by a resolution of the Parliament,
d
modify section 82 of the Scotland Act 1998 (limits on salaries of members of the Parliament),
e
make different provision for different purposes.
3
Regulations under subsection (1) are subject to the affirmative procedure.
4
After the Scottish Ministers lay the first draft Scottish statutory instrument containing regulations under subsection (1), they may lay further such instruments under that subsection.

Scottish Parliament: disqualification of councillors
5
1
The Scottish Ministers may by regulations—
a
make provision to the effect that a person is disqualified from membership of the Scottish Parliament if that person is a member of a local authority, and
b
make any incidental, supplementary, consequential, transitional, transitory or saving provision the Scottish Ministers consider appropriate for the purposes of, in connection with or for giving full effect to that disqualification.
2
Regulations under subsection (1) may, in particular—
a
modify section 15(1) of the Scotland Act 1998 (disqualification from membership of the Parliament),
b
modify section 16 of the Scotland Act 1998 (exceptions and relief from disqualification) so as to—
i
provide under subsection (3) of that section that the Scottish Parliament may not resolve to disregard the disqualification imposed by the regulations,
ii
provide for a period of exception from the disqualification for any person recently returned at an election,
iii
provide for an exception from the disqualification for any person who is serving as a member of the Scottish Parliament on the day the regulations come into force, provided that any exception is limited to a period of time no longer than the period between that day and the day of the next ordinary general election under section 2 of the Scotland Act 1998,
c
modify section 17 of the Scotland Act 1998 (effect of disqualification) so as to make provision about—
i
which proceedings of the Parliament a person may or may not participate in during any excepted period provided in accordance with subsection (2)(b)(ii), and
ii
which of the person’s other rights and privileges as a member of the Scottish Parliament may be withdrawn by a resolution of the Parliament,
d
make different provision for different purposes.
3
Regulations under subsection (1) are subject to the affirmative procedure.

Disqualifications relating to sexual offences and notification requirements

Scottish Parliament: disqualification relating to sexual offences etc.
6
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.
.

Local authorities: disqualifications relating to sexual offences etc.
7
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.
.

Scottish disqualification orders

Scottish disqualification orders
8
1
This section applies where—
a
a person (“the offender”) is convicted of an offence specified in the schedule,
b
the offender was aged 18 or over when the offence was committed, and
c
the court is satisfied beyond reasonable doubt that the offence is aggravated by hostility related to persons falling within any of sections 9 to 11.
2
The court must, when dealing with the offender for the offence, also make an order (a “Scottish disqualification order”) in respect of the offender which—
a
is to have effect for the period of 5 years beginning with the date on which the order is made, and
b
makes the person subject to the disqualifications in—
i
section 15(1)(bb) of the Scotland Act 1998, and
ii
section 31(1)(f) of the Local Government (Scotland) Act 1973.
3
Subsection (2) does not apply where the court considers that there are particular circumstances relating to the offence or to the offender which would make it unjust in all the circumstances to make the order; and in such a case the court must state in open court the reasons for not making the order.
4
For the purposes of this section an offence is aggravated by hostility related to persons falling within any of sections 9 to 11 if—
a
at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on the victim being (or being presumed to be) a person falling within any of sections 9 to 11, or
b
the offence was motivated (wholly or partly) by hostility towards persons falling within any of those sections in their capacity as such.
5
For the purposes of subsection (4) it is immaterial whether or not the offender’s hostility is also based, to any extent, on any other factor not mentioned in that subsection.
6
For the purpose of deciding whether to make a Scottish disqualification order the court may consider evidence led by the prosecution and the defence.
7
It is immaterial whether evidence led in pursuance of subsection (6) would have been admissible in the proceedings in which the offender was convicted.
8
Where an offence specified in the schedule is found to have been committed—
a
over a period of 2 or more days, or
b
at some time during a period of 2 or more days,
it is to be taken for the purposes of subsection (1)(b) to have been committed on the last of those days.
9
Where this section applies, the court must—
a
take the aggravation under subsection (1)(c) into account in determining the appropriate sentence, and
b
state—
i
where the sentence in respect of the offence is different from that which the court would have imposed if the offence were not so aggravated, the extent of and the reasons for that difference, or
ii
otherwise, the reasons for there being no such difference.
10
In this section, “presumed” means presumed by the offender.

Returning officers
9
1
A person falls within this section if the person is—
a
a returning officer, or
b
a member of a returning officer’s staff.
2
In this section—
- “a member of a returning officer’s staff” means a person who is employed by, or working under the direction of, a returning officer in a role the duties of which relate to the returning officer’s functions,
- “a returning officer” means an officer who is—
  1. appointed under section 41(1) of the Representation of the People Act 1983 (returning officers: local elections in Scotland),
  2. a constituency returning officer by virtue of an order under section 12(1) of the Scotland Act 1998,
  3. an officer designated in accordance with an order under section 12(6) of that Act (a regional returning officer).

Registration officers
10
1
A person falls within this section if the person is—
a
a registration officer, or
b
a member of a registration officer’s staff.
2
In this section—
- “a member of a registration officer’s staff” means a person who is employed by, or working under the direction of, a registration officer in a role the duties of which relate to the registration officer’s functions,
- “a registration officer” means an officer who is appointed under section 8(3) of the Representation of the People Act 1983 (registration officers).

Counting officers
11
1
A person falls within this section if the person is—
a
a Chief Counting Officer,
b
a deputy of the Chief Counting Officer
c
a counting officer,
d
a deputy of the counting officer,
e
a member of the Chief Counting Officer’s staff,
f
a member of a counting officer’s staff.
2
In this section—
- “Chief Counting Officer” means the person appointed under section 7(1) or (6) Referendums (Scotland) Act 2020 (Chief Counting Officer),
- “counting officer” means a person appointed under section 8(1) or (5) of that Act (other counting officers),
- “deputy of the Chief Counting Officer” means a person appointed under section 7(7) of that Act,
- “deputy of the counting officer” means a person appointed under section 8(6) of that Act,
- “member of the Chief Counting Officer’s staff” means a member of staff appointed or provided under section 9(9) of that Act (functions of the Chief Counting Officer and other counting officers),
- “member of the counting officer’s staff” means a member of staff provided under section 9(10) of that Act.

Effect of order: Scottish Parliament
12
1
The Scotland Act 1998 is modified as follows.
2
In section 15(1) (disqualification from membership of the Parliament), after paragraph (ba) (inserted by section 6) insert—
bb
the person is subject to a Scottish disqualification order under section 8 of the Scottish Elections (Representation and Reform) Act 2025,
.

Effect of order: local government
13
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),
a
the word “or” immediately following paragraph (b) is repealed,
b
the word “or” immediately following paragraph (c) is repealed,
c
after paragraph (e) (inserted by section 7), insert—
f
the person is subject to a Scottish disqualification order under section 8 of the Scottish Elections (Representation and Reform) Act 2025,
.

Power to amend the schedule
14
1
The Scottish Ministers may by regulations modify the schedule so as to add or remove an offence.
2
Regulations under this section are subject to the affirmative procedure.

Disqualification orders under Elections Act 2022

Scottish Parliament: disqualification from membership
15
1
The Scotland Act 1998 is modified as follows.
2
In section 15(1) (disqualification from membership of the Parliament), after paragraph (bb) (inserted by section 12), insert—
bc
the person is subject to a disqualification order under section 30 of the Elections Act 2022 (disqualification of offenders from holding elective office etc),
.

Local authorities: disqualifications for nomination, election and holding office
16
1
The Local Government (Scotland) Act 1973 is modified as follows.
2
In section 31 (disqualifications for nomination, election and holding office as member of local authority), in subsection (1), after paragraph (f) (inserted by section 13) insert
or
g
the person is subject to a disqualification order under section 30 of the Elections Act 2022 (disqualification of offenders from holding elective office etc).
.

Disqualification orders: aggravation
17
1
The Elections Act 2022 is modified as follows.
2
In section 30—
a
after subsection (3) insert—
3A
Where the court is a Scottish court, it must—
a
take the aggravation under subsection (1)(c) into account when determining the appropriate sentence, and
b
state—
i
where the sentence in respect of the offence is different from that which the court would have imposed if the offence were not so aggravated, the extent of and the reasons for that difference, or
ii
otherwise, the reasons for there being no such difference.
,
b
in subsection (9), after the definition of “Schedule 9 offence” insert—
- “Scottish court” means a court with jurisdiction over Scottish criminal law offences.
.

Temporary relief from disqualification

Persons holding office: temporary relief from effect of disqualification
18
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—
  1. a Scottish disqualification order under section 8 of the Scottish Elections (Representation and Reform) Act 2025 (Scottish disqualification orders),
  2. 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—
  1. a Scottish disqualification order under section 8 of the Scottish Elections (Representation and Reform) Act 2025 (Scottish disqualification orders),
  2. a disqualification order under section 30 of the Elections Act 2022 (disqualification of offenders for holding elective office etc).
.

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

Section 15 of the Scotland Act 1998

Ending ambulatory effect of section 15 of the Scotland Act 1998
20
1
The Scotland Act 1998 is modified as follows.
2
In section 15(1) (disqualification from membership of the Parliament)—
a
in paragraph (a)—
i
for “he is” substitute “the person would be”,
ii
at the end of the paragraph insert “as that Act had effect on 27 April 2022”,
b
in paragraph (b)—
i
for “he is disqualified otherwise than under that Act” substitute “the person would be disqualified”,
ii
at the end of the paragraph insert “under any other enactment or rule of law as that enactment or rule of law had effect on 27 April 2022”.
S. 3 not in force at Royal Assent, see s. 73(2)
S. 4 not in force at Royal Assent, see s. 73(2)
S. 5 not in force at Royal Assent, see s. 73(2)
S. 6 not in force at Royal Assent, see s. 73(2)
S. 7 not in force at Royal Assent, see s. 73(2)
S. 8 not in force at Royal Assent, see s. 73(2)
S. 9 not in force at Royal Assent, see s. 73(2)
S. 10 not in force at Royal Assent, see s. 73(2)
S. 11 not in force at Royal Assent, see s. 73(2)
S. 12 not in force at Royal Assent, see s. 73(2)
S. 13 not in force at Royal Assent, see s. 73(2)
S. 14 not in force at Royal Assent, see s. 73(2)
S. 15 not in force at Royal Assent, see s. 73(2)
S. 16 not in force at Royal Assent, see s. 73(2)
S. 17 not in force at Royal Assent, see s. 73(2)
S. 18 not in force at Royal Assent, see s. 73(2)
S. 19 not in force at Royal Assent, see s. 73(2)
S. 20 not in force at Royal Assent, see s. 73(2)
S. 3 in force at 14.4.2025 by S.S.I. 2025/106, reg. 2(1)(a), sch. Pt. 1
S. 4 in force at 14.4.2025 by S.S.I. 2025/106, reg. 2(1)(a), sch. Pt. 1
S. 5 in force at 14.4.2025 by S.S.I. 2025/106, reg. 2(1)(a), sch. Pt. 1
S. 6 in force at 1.8.2025 by S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2
S. 7 in force at 1.8.2025 by S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2
S. 8 in force at 1.8.2025 by S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2
S. 9 in force at 1.8.2025 by S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2
S. 10 in force at 1.8.2025 by S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2
S. 11 in force at 1.8.2025 by S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2
S. 12 in force at 1.8.2025 by S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2
S. 13 in force at 1.8.2025 by S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2
S. 14 in force at 1.8.2025 by S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2
S. 15 in force at 1.8.2025 by S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2
S. 16 in force at 1.8.2025 by S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2
S. 17 in force at 1.8.2025 by S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2
S. 18 in force at 1.8.2025 by S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2
S. 19 in force at 1.8.2025 by S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2
S. 20 in force at 1.8.2025 by S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2