These Regulations amend the Scotland Act 1998 to provide that a person who is a councillor on a Scottish council is disqualified from membership of the Scottish Parliament, subject to the exceptions provided. These Regulations come into force on the day after the day on which they are made, but do not disqualify any member of the Scottish Parliament (an “MSP”) until the poll at the next general election for members of the Scottish Parliament.

Regulation 3 disqualifies a person from membership of the Scottish Parliament if they are also a councillor.

Regulation 4 provides exceptions. An MSP who is subsequently returned as a councillor is not disqualified from being an MSP for 49 days beginning with the day on which they were returned as a councillor. A councillor who is subsequently returned as an MSP is not disqualified if there are 372 or fewer days between the day on which the person is returned as MSP and the day on which the next ordinary election of councillors is due to be held. If there are 373 or more days between the day on which the person is returned as an MSP and the next ordinary election of councillors, a councillor subsequently returned as an MSP is not disqualified from being an MSP for 49 days beginning with the day on which they are returned as an MSP.

Regulation 5 provides that the Scottish Parliament must ensure that an MSP who also receives a salary as a councillor has their MSP salary reduced by the amount of remuneration specified as payable to a councillor (who is not designated the Leader of the Council, Civic Head or a senior councillor) by regulations made under section 11(1) of the Local Governance (Scotland) Act 2004. The current regulations are the Local Governance (Scotland) Act 2004 (Remuneration) Regulations 2007 (S.S.I. 2007/183).