“Within 14 days of being returned as an MSP or of taking the oath as a member of the House of Lords,” is now the cut‑off, Minister for Parliamentary Business Graeme Dey told MSPs as Holyrood finalised rules to stop peers holding seats at Holyrood. The regulations were signed on 30 October and came into force on 31 October, but the disqualification itself only bites at the next Scottish Parliament election.

This change was required by the Scottish Elections (Representation and Reform) Act 2025, which instructed ministers to lay regulations disqualifying House of Lords members from serving as MSPs and to make any transitional provisions needed. In short, Lords membership is now a bar to sitting in Holyrood.

Two brief exceptions are written in for practical handovers. If a peer is returned as an MSP, they have 14 days from polling return to choose; if an MSP becomes a peer, they have 14 days from making the Lords oath to decide. After that, the MSP seat is lost if the dual role remains.

Ministers also made clear the move won’t unseat anyone mid‑term. Although the instrument is now in force, the new bar only takes effect on the day of the poll at the first Scottish Parliament general election after commencement - a design aimed at avoiding upheaval in the final months of this session.

For readers across the North of England who work closely with councils, unions and border communities, the message is straightforward: if a peer wants a Holyrood seat, they must leave the Lords first. It prevents ‘double‑jobbing’ across parliaments and clarifies who is accountable to voters on either side of the border.

The Lords measure sits alongside companion rules on MPs and councillors. The House of Commons regulations give anyone holding both roles 49 days to resolve the clash and cut an MSP’s basic salary to zero while they are also drawing an MP’s pay. Councillor rules tie exceptions to the local election cycle.

The committee overseeing standards and election law signed off all three instruments on 2 October, after a Government consultation earlier in the year. Equality impact papers published by the Scottish Government say the Lords rule is narrow in scope and is intended to focus MSPs on their constituencies and regions.

Officials have also flagged the practicalities. Where an MSP’s departure would trigger a by‑election, the current estimate for a constituency contest is about £290,000 to £340,000; list vacancies are filled from party lists, as happened when Donald Cameron left Holyrood for the Lords in 2024.

The politics of this will be watched across the North. With Holyrood due a fresh mandate next spring, parties weighing cross‑border strategies now have a hard rule: no peers on the ballot unless they renounce the red benches first. That clarity will be welcomed by voters and campaign teams alike.