Scotland Act 1998

82 Limits on salaries of members of the Parliament. U.K.

(1) The Parliament shall ensure that the amount of salary payable to a member of the Parliament in accordance with section 81 is reduced if any salary is payable to him—

F1 (za) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a) pursuant to a resolution (or combination of resolutions) of [F2 the House of Lords] relating to the remuneration of members of that House, F3 ...

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The Parliament shall ensure that the amount of salary is reduced—

(a) to a particular proportion of what it would otherwise be or to a particular amount, or

(b) by the amount of any salary payable to the member as mentioned in subsection [F4 (1)(a)], by a particular proportion of that amount or by some other particular amount.

[F5 (2A) The Parliament is to make no payment of salary to a member of the Parliament in accordance with section 81(1) in respect of any period in which the member is or was also a member of the House of Commons.

(2B) Subsection (2A) does not apply to any salary payable to a member of the Parliament under section 81(1) in their capacity as—

(a) the First Minister,

(b) a Minister or junior Scottish Minister,

(c) the Lord Advocate or Solicitor General for Scotland,

(d) the Presiding Officer or a Deputy Presiding Officer.]

[F6 (2C) The Parliament must ensure that the amount of salary payable to a member of the Parliament in accordance with section 81(1) is reduced by the amount specified in subsection (2D) if remuneration is also payable to the member in respect of the same period under regulations made under section 11(1) of the Local Governance (Scotland) Act 2004 (“the 2004 Act”).

(2D) The amount of the reduction for the purposes of subsection (2C) is the amount specified as payable to a councillor (who is not designated the Leader of the Council, the Civic Head or a senior councillor) by regulations made under section 11(1) of the 2004 Act.]

Textual Amendments

F1 S. 82(1)(za) omitted (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), 5(a) (with reg. 1(3))

F2 Words in s. 82(1)(a) substituted (24.5.2011) by Constitutional Reform and Governance Act 2010 (c. 25), ss. 38, 52(2), Sch. 5 para. 11(2)(b); S.I. 2011/1274, art. 2(b)

F3 S. 82(1)(b) and word omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 16(2)(b) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

F4 Words in s. 82(2)(b) substituted (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), 5(b) (with reg. 1(3))

F5 S. 82(2A)(2B) 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), 5(c) (with reg. 1(3))

F6 S. 82(2C)(2D) inserted (31.10.2025) by The Scottish Parliament (Disqualification of Councillors) Regulations 2025 (S.S.I. 2025/306), regs. 1(2), 5 (with reg. 1(3))

Modifications etc. (not altering text)

C1 S. 82: power to modify conferred (S.) (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