Dual mandates in the Scottish Parliament: consultation analysis

Grace periods

The consultation paper sought views on the length of any grace period which should be afforded to each category of person (MP, Peer and Councillor) to allow them time to consider their options and make arrangements to leave their existing role once elected as an MSP.

Views on grace periods varied depending on the category of dual mandate. For MP and Councillor dual mandates, the majority of respondents to those questions thought that there should be some length of grace period (7 in 10 thought that there should be for MPs, and 6 in 10 thought there should be for Councillors), whereas for Peer dual mandates a slight majority of respondents to the question did not think there should be any grace period.

Grace periods for MP dual mandates

Of the 72 respondents to the question on what grace period, if any, there should be for sitting MPs to vacate their role once elected as an MSP, 3 in 10 thought there should be no grace period, while around 7 in 10 thought that there should be a grace period of some length.

Among those not in favour of a grace period, the reasons given included that MPs should resign their seats before standing as an MSP, and that the lack of a grace period might discourage MPs from seeking dual mandates. One individual respondent stated: “The European Parliament bans dual mandates, and a person ceases to be an MEP from day one where they take up another legislative role. The Scottish Parliament should mirror this”.

Among those in favour of a grace period, there was a spread of opinion regarding how long the grace period should be. Around a quarter favoured a grace period of 3-6 months, while just under 1 in 5 said the grace period should be as short as possible / practicable, with both groups tending to cite the need to allow time for by-elections and practical considerations like the winding-up of offices and staff notice periods.

A smaller number of respondents to the question (around 1 in 7) suggested shorter grace periods of a month or less, with one respondent stating “Normal notice period for any worker. 4 weeks”.

Around 1 in 10 (8 respondents) favoured longer grace periods of either a year or until the next UK Parliament election, with one stating: “until end of the current UK parliament term, i.e. they should not seek re-election as a MP”.

Three in five of the respondents to the question who were current or former elected representatives favoured a grace period of 6 months, with one stating: “According to legislation as soon as possible after being elected to the Scottish Parliament. Potentially within 6 months to allow wind up of existing work and case load and to allow for calling of a by election and election of new replacement MP asap thereafter”. One current/former elected representative did not favour any grace period, while another stated “What about MSPs wanting to become MPs? MSPs wanting to become Councillors? It must be proportionate and fair for all, a grace period of a year or 2 years could be given as often an election is due to happen soon sorting out the issue with no extra cost to the taxpayer”.

Among the organisations responding to the question, none were in favour of no grace period, citing practical transition issues. The Law Society of Scotland stated:

“A Member of the House of Commons who wishes to resign a parliamentary seat must be appointed to one of two offices of the Crown. These are the Crown Steward and Bailiff of the Chiltern Hundreds and the Crown Steward and Bailiff of the Manor of Northstead.

If a Stewardship is granted during a recess, the new writ for a by-election cannot be issued until the House meets again. If it is granted during the session, a writ for a by-election can be moved immediately after the Chancellor of the Exchequer has signed the warrant of appointment. Traditionally, this has been moved by the party of the Member who has resigned.

A reasonable period of grace should be allowed for this process to be completed, probably no more than three months.

MPs are disqualified from holding a dual mandate with the National Assembly for Wales, under Section 3 of the Wales Act 2014. Section 3 of the Northern Ireland (Miscellaneous Provisions) Act 2014 disqualifies MPs from holding dual mandates with the Northern Ireland Assembly. Members in these legislatures have eight days in which to choose the seat they wish to retain”.

The Electoral Management Board for Scotland stated:

“An allowance for a grace period is a matter of policy and outwith the remit of the EMB. However, the EMB would wish to ensure that the practical issues with respect to the delivery of any resulting by-elections were considered.

In particular, given the scheduling of elections in Scotland grace periods that would see by-elections overlapping or coinciding with other polls should be avoided to minimise voter confusion. It should also be recognised that the delivery of polls for different purposes under different rules during the same period adds to the complexity of project management for the Returning Officer and Electoral Registration Teams.

The application of a grace period would also need to avoid placing consequent by-elections into the summer holiday period which may impact turnout and also put pressure on the postal vote infrastructure, as was experienced with the UKPGE [UK Parliament General Election] in July 2025".

Grace periods for Peer dual mandates

Compared to MPs and Councillors, respondents showed the least support for a grace period for Peers, often noting the unelected nature of the House of Lords and therefore the absence of practical transition issues in terms of by-elections and constituency caseload.

Among the 4 in 10 respondents who did support a grace period for Peers almost all favoured a grace period of 6 months or less. A small number of individual respondents favoured a grace period lasting the length of the Holyrood parliamentary term. It was not clear from these responses whether the implication was that a Peer could have a dual mandate for one parliamentary term but not more than that.

The was no prevailing view among current / former elected representatives, with a couple expressing opposition to the House of Lords / Peers being MSPs; one suggesting no grace period; one suggesting 6 months, and another the “minimum practically achievable”.

The Law Society of Scotland stated: “Peers who wish to be elected should arrange a leave of absence from the House of Lords from the publication of the Notice of Election until the result of the Election is known. If elected the Peer should immediately resign following the procedure in the House of Lords Reform Act 2014”.

Grace periods for Councillor dual mandates

Regarding Councillors becoming MSPs, respondents provided slightly more varied responses. While almost 4 in 10 respondents to this question suggested there should be no grace period, among those who thought that there should be a grace period, there was slightly more support for a grace period lasting until the next council elections in order to avoid issues relating to the scheduling and cost of council by-elections and to “provide continuity and minimise disruptions".

Three political parties responded to the consultation: the Scottish Conservative and Unionist Party^[4], the Scottish Greens and the SNP. All supported a grace period for councillors that took account of electoral cycles citing the disruptive and costly impact on local authorities of by-elections taking place immediately following the running of Scottish Parliament elections, and within a year of scheduled local council elections. The SNP response stated that “A different approach for Councillors by comparison to MPs can be justified on the basis that UK general elections are not fixed in the same way and tying the office of MSP to a timescale related to any such general election is not practical”.

Two of the three local authority respondents to the consultation provided comments on this question, with both supporting grace periods. Aberdeen City suggested considering a one-year grace period, aligning with the typical gap between Scottish Parliament and local elections, and highlighted the practical benefits for election teams if immediate resignation was not required. South Lanarkshire Council stated:

“6 months would be a suitable grace period, and should provide sufficient time for a Councillor to resign and a by-election to take place. This period is likely longer than should be necessary, but recognises that there may be other practical considerations in arranging a by-election, including a requirement for electronic counting equipment to be available.

However, to ensure a suitable use of Council resources and maximise the interest of potential candidates, the Council believes that where a scheduled local government election is due to take place within 1 year of the individual being returned as an MSP then the grace period should be until that election occurs.

The most recent Council by-election took place in July 2023, for Ward 9 – East Kilbride West. The cost to the Council of running this by-election was approximately £60,000.

The Council would, however, note that when its Executive Committee considered this on 12 March 2025 other views were also expressed on this point, in particular that additional flexibility in a grace period might be helpful to prevent the need for a by-election that would otherwise occur”.

The Law Society of Scotland stated that “A reasonable period of grace should be allowed, probably no more than three months”.

The Electoral Management Board for Scotland provided the same view in relation to MSP/Councillor dual mandate grace periods as they had done for MSP/MP dual mandates, noting that it is a matter of policy and therefore out of their remit, but that they would “wish to ensure that the practical issues with respect to the delivery of any resulting by-elections were considered".