Part 2

Disqualification

Temporary relief from disqualification

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.
S. 19 not in force at Royal Assent, see s. 73(2)
S. 19 in force at 1.8.2025 by S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2