The Northern Ledger

Amplifying Northern Voices Since 2018

Scotland bans MSPs from serving as councillors from 2026

“the person is a councillor.” With those four words now added to section 15 of the Scotland Act 1998, Holyrood has ended double‑jobbing between MSPs and council seats. Ministers used new powers in the Scottish Elections (Representation and Reform) Act 2025 to bring in the Scottish Parliament (Disqualification of Councillors) Regulations 2025, approved by MSPs this autumn. The disqualification applies from the next Holyrood poll, scheduled for 7 May 2026.

The rules are simple: if you sit as a councillor in a Scottish local authority, you cannot also sit as a Member of the Scottish Parliament. In other words, it’s one job or the other. The Scottish Government frames the move as ensuring MSPs are fully dedicated to their role and more accountable to the communities they serve.

There are short, practical grace periods. If an MSP is later returned as a councillor, they have 49 days to resolve the clash. If a councillor is elected to Holyrood and the next ordinary council election falls within 372 days of that date, they can serve out the remainder of their council term; otherwise, they also have 49 days to make a choice.

Money is tidied up too. Where someone briefly holds both roles during a permitted window, Holyrood must dock the MSP’s basic salary by the amount of the basic councillor salary for the same period. The Government says that keeps pay fair while people close out local casework or step down.

The change takes legal effect the day after the regulations are made, but the disqualification itself doesn’t ‘bite’ until the day of the poll at the first general Scottish Parliament election after that-so voters, not mid‑term bureaucracy, trigger the new line.

Consultation responses leaned heavily towards ending dual mandates on workload, ethics and clashes of interest. As the Law Society of Scotland put it, “For as long as a person is an MSP the person should be able to participate in parliamentary proceedings,” a view echoed by political parties seeking clean, workable rules.

Ministers also looked across the UK. Northern Ireland already bars Assembly members from sitting on councils. Wales currently allows councillors elected as Members of the Senedd to see out their term if a local vote is due within 372 days, but that exception ends from 6 April 2026. Scotland’s approach aligns with that tightening trend.

For readers working across the North and the South of Scotland, this is a housekeeping step with everyday consequences. Cross‑border partnerships and local growth projects will deal with councillors who are focused on the town hall, and MSPs who are focused on Holyrood-clearer lines, fewer diary collisions, and less confusion about who is doing what on any given week.

At council level, parties now have a planning job. Prospective 2026 candidates who are councillors will need to decide early whether to stay local or head to Holyrood. There are no limits on an MSP’s participation in Parliament during any grace period, but the clock runs quickly: 49 days where the 372‑day exception doesn’t apply.

Officials note that Scotland has seen a steady flow of councillors becoming MSPs-18 did so at the 2021 election-one reason the regulations build in short windows to avoid expensive, awkwardly‑timed by‑elections. Expect similar transitions in 2026, just on a clearer rulebook.

Strip it back and the message is straightforward: one job at a time. For councils and communities from the Central Belt up to the Borders, that should mean tidier accountability and fewer split priorities at a moment when every hour and every pound matters.

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