The Northern Ledger

Amplifying Northern Voices Since 2018

Holyrood bars MSPs from being councillors from next poll

Councillors will no longer double‑job at Holyrood. The Scottish Parliament (Disqualification of Councillors) Regulations 2025, signed by Graeme Dey on 30 October and in force from 31 October, bar councillors from sitting as MSPs after the next Holyrood general election. It’s a tidy separation between town halls and the national chamber, aimed at clearer accountability for voters.

Published on legislation.gov.uk as S.S.I. 2025/306, the instrument amends the Scotland Act 1998 so that being a “councillor” (as defined by the Local Government etc. (Scotland) Act 1994) is a disqualification from membership of the Scottish Parliament. Importantly, the change only bites from the day of the poll at the first Scottish Parliament general election held after 31 October 2025, so existing arrangements remain as they are until then.

Short grace periods are built in. If a sitting MSP is later returned as a councillor, they have 49 days from the council result without being disqualified. If a councillor is later returned as an MSP, they either have 49 days to step down from the council, or-where the next ordinary council election is due within 372 days of the MSP result-they may serve in both roles until the day of that council poll. The timing of that “expected day” is fixed by, or under, sections 43 and 43A of the Representation of the People Act 1983.

For readers across the Borders and Dumfries & Galloway who keep a close eye on Holyrood, the calendar matters. The next Scottish Parliament election is expected in 2026 under the usual cycle, while the next ordinary council elections are due in 2027. In many scenarios that puts councillor‑to‑MSP moves within the 372‑day window, allowing a managed transition rather than an overnight resignation.

Pay is addressed to prevent double‑remuneration during any overlap. Where both roles are held in a permitted window, the Parliament must reduce the MSP’s salary by the value of a basic councillor allowance (excluding Leader, Civic Head or senior councillor rates) set under the Local Governance (Scotland) Act 2004 remuneration regulations. Like the disqualification rule, this salary offset starts from the next Holyrood general election day.

Practically, party selection committees and council leaders in the South of Scotland will plan for cleaner handovers. Expect candidate declarations to come with firm timelines, and for administrations in Scottish Borders and Dumfries & Galloway to map potential by‑elections or reshuffles if councillors head to Holyrood in 2026.

Legally, the route is straightforward. Scottish Ministers used powers in the Scottish Elections (Representation and Reform) Act 2025 to modify sections 15 (disqualification), 16 (exceptions) and 82 (MSP salaries) of the Scotland Act 1998. The instrument was laid before and approved by the Scottish Parliament, then made at St Andrew’s House on 30 October. The explanatory note confirms the aim: end dual mandates while allowing brief, managed transitions.

For cross‑border partners-from colleges and NHS trusts to firms trading up the A1 and M6-the change promises a clearer line of sight on who is doing which job, and when. Voters gain certainty that Holyrood and council duties won’t compete long‑term, while councils keep services steady during election season handovers.

This is a Scottish reform, not a UK‑wide rule, and it marks another small divergence in devolved practice. For Northern readers who track Holyrood’s pull on local leadership, the message is simple: one job at a time, with time‑limited overlap to keep the wheels turning. Keep an eye on selections through early 2026, when these rules will shape who stands where and how quickly they move. More detail is set out in the legislation.gov.uk publication and its explanatory note.

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