Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Scottish Elections (Representation and Reform) Act 2025

Type Act of the Scottish Parliament

Publication 2025-01-29

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part 1 — Candidacy rights etc. of foreign nationals

Scottish Parliament elections

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(1) The Scotland Act 1998 is modified as follows.

(2) In section 16 (exceptions and relief from disqualification)—

(a) in subsection (2B), for paragraph (b) substitute—

(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.

(b) subsection (2C) is repealed.

Local government elections

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(1) The Local Government (Scotland) Act 1973 is modified by subsections (2) and (3).

(2) In section 29 (qualifications for nomination, election and holding office as member of local authority)—

(a) in subsection (1), the words “or a schedule 6A national” are repealed,

(b) in subsection (5), the words “or a schedule 6A national” are repealed,

(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.

(d) subsections (7) and (8) are repealed.

(3) Schedule 6A (candidacy rights of foreign nationals) is repealed.

(4) The Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Act 2022 is repealed.

Part 2 — Disqualification

Disqualifications: MPs, members of the House of Lords and councillors

Scottish Parliament: disqualification of MPs

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(1) The Scottish Ministers must lay before the Scottish Parliament a draft of a Scottish statutory instrument containing regulations which—

(a) make provision to the effect that a person is disqualified from membership of the Scottish Parliament if that person is a member of the House of Commons, and

(b) make any incidental, supplementary, consequential, transitional, transitory or saving provision the Scottish Ministers consider appropriate for the purposes of, in connection with or for giving full effect to that disqualification.

(2) Regulations under subsection (1) may, in particular—

(a) modify section 15(1) of the Scotland Act 1998 (disqualification from membership of the Parliament),

(b) modify section 16 of the Scotland Act 1998 (exceptions and relief from disqualification) so as to—

(i) provide under subsection (3) of that section that the Scottish Parliament may not resolve to disregard the disqualification imposed by the regulations,

(ii) provide for a period of exception from the disqualification for any person recently returned at an election,

(iii) provide for an exception from the disqualification for any person who is serving as a member of the Scottish Parliament on the day the regulations come into force, provided that any exception is limited to a period of time no longer than the period between that day and the day of the next ordinary general election under section 2 of the Scotland Act 1998,

(i) which proceedings of the Scottish Parliament a person may or may not participate in during any excepted period provided in accordance with subsection (2)(b)(ii), and

(ii) which of the person’s other rights and privileges as a member of the Scottish Parliament may be withdrawn by a resolution of the Parliament,

(d) modify section 82 of the Scotland Act 1998 (limits on salaries of members of the Parliament),

(e) make different provision for different purposes.

(3) Regulations under subsection (1) are subject to the affirmative procedure.

(4) After the Scottish Ministers lay the first draft Scottish statutory instrument containing regulations under subsection (1), they may lay further such instruments under that subsection.

Scottish Parliament: disqualification of members of the House of Lords

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(1) The Scottish Ministers must lay before the Scottish Parliament a draft of a Scottish statutory instrument containing regulations which—

(a) make provision to the effect that a person is disqualified from membership of the Scottish Parliament if that person is a member of the House of Lords, and

(b) make any incidental, supplementary, consequential, transitional, transitory or saving provision the Scottish Ministers consider appropriate for the purposes of, in connection with or for giving full effect to that disqualification.

(2) Regulations under subsection (1) may, in particular—

(a) modify section 15(1) of the Scotland Act 1998 (disqualification from membership of the Parliament),

(b) modify section 16 of the Scotland Act 1998 (exceptions and relief from disqualification) so as to—

(i) remove the exceptions from disqualification in subsection (1) of that section,

(ii) provide under subsection (3) of that section that the Scottish Parliament may not resolve to disregard the disqualification imposed by the regulations,

(iii) provide for a period of exception from the disqualification for any person recently returned at an election,

(iv) provide for periods of exception from the disqualification for any person who would otherwise be disqualified, provided that person—

(A) has a leave of absence from the House of Lords,

(B) has made an application for such leave and the application has not been withdrawn or refused, or

(v) provide for an exception from the disqualification for any person who is serving as a member of the Scottish Parliament on the day the regulations come into force, provided that any exception is limited to a period of time no longer than the period between that day and the day of the next ordinary general election under section 2 of the Scotland Act 1998,

(i) which proceedings of the Scottish Parliament a person may or may not participate in during any excepted periods provided in accordance with subsection (2)(b)(iii) or (iv), and

(ii) which of the person’s other rights and privileges as a member of the Scottish Parliament may be withdrawn by a resolution of the Parliament,

(d) modify section 82 of the Scotland Act 1998 (limits on salaries of members of the Parliament),

(e) make different provision for different purposes.

(3) Regulations under subsection (1) are subject to the affirmative procedure.

(4) After the Scottish Ministers lay the first draft Scottish statutory instrument containing regulations under subsection (1), they may lay further such instruments under that subsection.

Scottish Parliament: disqualification of councillors

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(1) The Scottish Ministers may by regulations—

(a) make provision to the effect that a person is disqualified from membership of the Scottish Parliament if that person is a member of a local authority, and

(b) make any incidental, supplementary, consequential, transitional, transitory or saving provision the Scottish Ministers consider appropriate for the purposes of, in connection with or for giving full effect to that disqualification.

(2) Regulations under subsection (1) may, in particular—

(a) modify section 15(1) of the Scotland Act 1998 (disqualification from membership of the Parliament),

(b) modify section 16 of the Scotland Act 1998 (exceptions and relief from disqualification) so as to—

(i) provide under subsection (3) of that section that the Scottish Parliament may not resolve to disregard the disqualification imposed by the regulations,

(ii) provide for a period of exception from the disqualification for any person recently returned at an election,

(iii) provide for an exception from the disqualification for any person who is serving as a member of the Scottish Parliament on the day the regulations come into force, provided that any exception is limited to a period of time no longer than the period between that day and the day of the next ordinary general election under section 2 of the Scotland Act 1998,

(i) which proceedings of the Parliament a person may or may not participate in during any excepted period provided in accordance with subsection (2)(b)(ii), and

(ii) which of the person’s other rights and privileges as a member of the Scottish Parliament may be withdrawn by a resolution of the Parliament,

(d) make different provision for different purposes.

(3) Regulations under subsection (1) are subject to the affirmative procedure.

Disqualifications relating to sexual offences and notification requirements

Scottish Parliament: disqualification relating to sexual offences etc.

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(1) The Scotland Act 1998 is modified as follows.

(2) In section 15 (disqualification from membership of the Parliament)—

(a) after subsection (1)(b), insert—

(ba) the person is subject to— (i) any relevant notification requirements, or (ii) a relevant sexual harm or risk order,

, and

(b) after subsection (3), insert—

(4) In this section and in section 16— - “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.

Local authorities: disqualifications relating to sexual offences etc.

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(1) The Local Government (Scotland) Act 1973 is modified as follows.

(2) In section 31(1) (disqualifications for nomination, election and holding office as member of local authority), after paragraph (d) insert—

(e) the person is subject to— (i) any relevant notification requirements, or (ii) a relevant sexual harm or risk order,

(3) After section 31(3B), insert—

(4) In this section, “relevant notification requirements” means— (a) the notification requirements of Part 2 of the Sexual Offences Act 2003, (b) the notification requirements of Part 2 of the Sex Offenders (Jersey) Law 2010, (c) the notification requirements of Part 2 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013, (d) the notification requirements of schedule 1 of the Criminal Justice Act 2001 (an Act of the Tynwald of the Isle of Man). (5) In this section, “relevant sexual harm or risk order” means— (a) a sexual harm prevention order under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, (b) a sexual harm prevention order under section 103A of the Sexual Offences Act 2003, (c) sexual offences prevention order under section 104 of that Act, (d) a sexual harm prevention order under section 345 of the Sentencing Act 2020, (e) a restraining order under Article 10 of the Sex Offenders (Jersey) Law 2010, (f) a sexual offences prevention order under section 18 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013, (g) a sexual offences prevention order under section 1 of the Sex Offenders Act 2006 (an Act of the Tynwald of the Isle of Man), (h) a sexual risk order under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, (i) risk of sexual harm order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, (j) a sexual risk order under section 122A of the Sexual Offences Act 2003, (k) a risk of sexual harm order under section 123 of that Act, (l) a child protection order under Article 11 of the Sex Offenders (Jersey) Law 2010, (m) a risk of sexual harm order under section 22 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013, (n) a risk of sexual harm order under section 5 the Sex Offenders Act 2006 (an Act of the Tynwald of the Isle of Man). (6) The Scottish Ministers may by regulations make such amendments to subsection (4) and (5) as they consider appropriate in consequence of the amendment, repeal or re-enactment of any legislation of any of the Channel Islands or the Isle of Man which is for the time being specified in those provisions. (7) Regulations under subsection (6) are subject to the affirmative procedure.

Scottish disqualification orders

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(1) This section applies where—

(a) a person (“the offender”) is convicted of an offence specified in the schedule,

(b) the offender was aged 18 or over when the offence was committed, and

(c) the court is satisfied beyond reasonable doubt that the offence is aggravated by hostility related to persons falling within any of sections 9 to 11.

(2) The court must, when dealing with the offender for the offence, also make an order (a “Scottish disqualification order”) in respect of the offender which—

(a) is to have effect for the period of 5 years beginning with the date on which the order is made, and

(b) makes the person subject to the disqualifications in—

(i) section 15(1)(bb) of the Scotland Act 1998, and

(ii) section 31(1)(f) of the Local Government (Scotland) Act 1973.

(3) Subsection (2) does not apply where the court considers that there are particular circumstances relating to the offence or to the offender which would make it unjust in all the circumstances to make the order; and in such a case the court must state in open court the reasons for not making the order.

(4) For the purposes of this section an offence is aggravated by hostility related to persons falling within any of sections 9 to 11 if—

(a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on the victim being (or being presumed to be) a person falling within any of sections 9 to 11, or

(b) the offence was motivated (wholly or partly) by hostility towards persons falling within any of those sections in their capacity as such.

(5) For the purposes of subsection (4) it is immaterial whether or not the offender’s hostility is also based, to any extent, on any other factor not mentioned in that subsection.

(6) For the purpose of deciding whether to make a Scottish disqualification order the court may consider evidence led by the prosecution and the defence.

(7) It is immaterial whether evidence led in pursuance of subsection (6) would have been admissible in the proceedings in which the offender was convicted.

(8) Where an offence specified in the schedule is found to have been committed—

(a) over a period of 2 or more days, or

(b) at some time during a period of 2 or more days,

it is to be taken for the purposes of subsection (1)(b) to have been committed on the last of those days.

(9) Where this section applies, the court must—

(a) take the aggravation under subsection (1)(c) into account in determining the appropriate sentence, and

(b) state—

(i) where the sentence in respect of the offence is different from that which the court would have imposed if the offence were not so aggravated, the extent of and the reasons for that difference, or

(ii) otherwise, the reasons for there being no such difference.

(10) In this section, “presumed” means presumed by the offender.

Returning officers

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