Part I The Scottish Parliament

Disqualification

15 Disqualification from membership of the Parliament.

(1)

A person is disqualified from being a member of the Parliament (subject to section 16) if—

(a)

F1the person would be disqualified from being a member of the House of Commons under paragraphs (a) to (e) of section 1(1) of the M1House of Commons Disqualification Act 1975 (judges, civil servants, members of the armed forces, members of police forces and members of foreign legislatures) F2as that Act had effect on 27 April 2022,

(b)

F3the person would be disqualified (either generally or in relation to a particular parliamentary constituency) from being a member of the House of Commons or from sitting and voting in it F4under any other enactment or rule of law as that enactment or rule of law had effect on 27 April 2022,

F5(bza)

the person is a member of the House of Commons,

F6(bzb)

the person is a member of the House of Lords,

F7(bzc)

the person is a councillor,

F8(ba)

the person is subject to—

(i)

any relevant notification requirements, or

(ii)

a relevant sexual harm or risk order,

F9(bb)

the person is subject to a Scottish disqualification order under section 8 of the Scottish Elections (Representation and Reform) Act 2025,

F10(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),

F11(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

he is an office-holder of a description specified in an Order in Council made by Her Majesty under this subsection.

(2)

An office-holder of a description specified in an Order in Council made by Her Majesty under this subsection is disqualified from being a member of the Parliament for any constituency or region of a description specified in the Order in relation to the office-holder.

(3)

In this section “office-holder” includes employee or other post-holder.

F12(4)

In this section and in section 16—

F13“councillor” means a member of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

“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.