Part I

The Scottish Parliament

Disqualification

Exceptions and relief from disqualification.
16
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1ZA
A person who is a member of the House of Commons and is subsequently returned as a member of the Parliament is not disqualified from being a member of the Parliament merely because of section 15(1)(bza) (disqualification by virtue of being a member of the House of Commons) at any time in the period of 49 days beginning with the day on which the person is returned as a member of the Parliament.
1ZB
A person who is a member of the Parliament and is subsequently returned as a member of the House of Commons is not disqualified from being a member of the Parliament merely because of section 15(1)(bza) at any time in the period of 49 days beginning with the day on which the person is returned as a member of the House of Commons.
1ZC
A person who is a member of the House of Lords and is subsequently returned as a member of the Parliament is not disqualified from being a member of the Parliament merely because of section 15(1)(bzb) (disqualification by virtue of being a member of the House of Lords) at any time in the period of 14 days beginning with the day on which the person is returned as a member of the Parliament.
1ZD
A person who is a member of the Parliament and subsequently becomes a member of the House of Lords is not disqualified from being a member of the Parliament merely because of section 15(1)(bzb) at any time before the end of the period of 14 days beginning with the day on which the member makes and subscribes the oath (or corresponding affirmation) required of members of the House of Lords by the Parliamentary Oaths Act 1866.
1ZE
A person who is a member of the Parliament and is subsequently returned as a councillor is not disqualified from being a member of the Parliament merely because of section 15(1)(bzc) (disqualification by virtue of being a councillor) at any time in the period of 49 days beginning with the day on which the person is returned as a councillor.
1ZF
Subsection (1ZG) applies if—
a
a person who is a councillor is subsequently returned as a member of the Parliament, and
b
on the day on which the councillor is so returned (the “return day”), the expected day of the next ordinary election of councillors is within the period of 372 days beginning with the return day.
1ZG
The person is not disqualified from being a member of the Parliament merely because of section 15(1)(bzc) at any time in the period beginning with the day on which the person is returned as a member of the Parliament and ending on the day of the poll at the next ordinary election of councillors.
1ZH
Otherwise, a person who is a councillor and is subsequently returned as a member of the Parliament is not disqualified from being a member of the Parliament because of section 15(1)(bzc) at any time in the period of 49 days beginning with the day on which the councillor is returned as a member of the Parliament.
1ZI
For the purposes of subsection (1ZF) “the expected day of the next ordinary election of councillors” is the day fixed or specified for the poll at the next ordinary election of councillors by, or under, section 43 or section 43A of the Representation of the People Act 1983, which has effect at the beginning of the return day.
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).
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2A
A person is not disqualified from being a member of the Parliament merely because of section 3 of the Act of Settlement, provided the person—
a
is resident in the United Kingdom, and
b
meets one of the conditions mentioned in subsection (2B).
2B
The conditions are that the person—
a
is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom (excluding a person who does not require such leave by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases)), or
b
is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) any description of such leave.
2C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Subsection (4) applies where a person was, or is alleged to have been, disqualified from being a member of the Parliament (either generally or in relation to a particular constituency or region) on any ground other than one falling within section 15(1)(b), (ba), (bb) or (bc).
4
The Parliament may resolve to disregard any disqualification incurred by that person on the ground in question if it considers that—
a
the ground has been removed, and
b
it is proper to disregard any disqualification so incurred.
5
A resolution under this section shall not—
a
affect any proceedings under Part III of the Representation of the People Act 1983 as applied by an order under section 12, or
b
enable the Parliament to disregard any disqualification which has been established in such proceedings or in proceedings under section 18.
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).
S. 16 extended (11.3.1999) by S.I. 1999/787, arts. 1, 6, Sch. 2 Pt. II para. 9(4)(b)(i)
1983 c. 2.
S. 16(2C) repealed (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 1(2)(b), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2
S. 16: power to modify conferred (14.4.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 3, 4, 5, 73(2); S.S.I. 2025/106, reg. 2(1)(a), sch. Pt. 1
Words in s. 16(3) substituted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 18(2)(b), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2
S. 16(2A)-(2C) inserted (3.8.2020) by Scottish Elections (Franchise and Representation) Act 2020 (asp 6), ss. 2(b), 12(2); S.S.I. 2020/162, reg. 2
S. 16(1) repealed (31.10.2025) by The Scottish Parliament (Disqualification of Members of the House of Lords) Regulations 2025 (S.S.I. 2025/308), regs. 1(2), 4(a) (with reg. 1(3))
S. 16(2) repealed (3.8.2020) by Scottish Elections (Franchise and Representation) Act 2020 (asp 6), ss. 2(a), 12(2); S.S.I. 2020/162, reg. 2
S. 16(1ZE)-(1ZI) inserted (31.10.2025) by The Scottish Parliament (Disqualification of Councillors) Regulations 2025 (S.S.I. 2025/306), regs. 1(2), 4(1) (with reg. 1(3))
S. 16(2B)(b) substituted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 1(2)(a), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2
S. 16(1A)-(1C) inserted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 18(2)(a), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2
S. 16(1ZC)(1ZD) inserted (31.10.2025) by The Scottish Parliament (Disqualification of Members of the House of Lords) Regulations 2025 (S.S.I. 2025/308), regs. 1(2), 4(b) (with reg. 1(3))
S. 16(6) inserted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 18(2)(c), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2
S. 16(1ZA)(1ZB) inserted (31.10.2025) by The Scottish Parliament (Disqualification of Members of the House of Commons) Regulations 2025 (S.S.I. 2025/307), regs. 1(2), 4 (with reg. 1(3))