The Scottish Parliament (Disqualification of Members of the House of Commons) Regulations 2025

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Scotland Act 1998 to provide that a person who is a member of the House of Commons (an “MP”) 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 an MP.

Regulation 4 provides for two periods of exception during which this disqualification does not apply. One period of exception begins on the day on which an MP is subsequently returned as a member of the Scottish Parliament. The other period of exception begins on the day on which an MSP is subsequently returned as an MP. Each period of exception operates for a maximum of 49 days.

Regulation 5 provides that the Scottish Parliament is not to pay a salary to an MSP in respect of any period during which the MSP is or was also an MP. The additional salary which a member receives for being the First Minister, a Scottish Minister, a junior Scottish Minister, the Lord Advocate, the Solicitor General for Scotland, the Presiding Officer, or a Deputy Presiding Officer is not subject to this restriction.