Scottish Parliament (Disqualification of Councillors) Regulations 2025: equality impact assessment

Executive summary

The Scottish Parliament (Disqualification of Councillors) Regulations 2025 modifies the Scotland Act 1998 to disqualify an individual from holding the role of MSP if they are also a Councillor. It follows a Scottish Government consultation which sought views on the principles and practical issues of ending dual mandates in the Scottish Parliament that ran from 20 January to 23 March 2025.

Many of the measures outlined in the Scottish Statutory Instrument (SSI) are narrow in nature, and the Scottish Government does not consider these to have an equality impact. An Equality Impact Assessment (“EqIA”) has been undertaken for the legislation to consider the potential impacts of those provisions in the legislation that could have an impact on people with protected characteristics, as defined in the Equality Act 2010.

Overall, the Scottish Statutory Instrument promotes equality by ensuring MSPs are fully dedicated to their MSP role; and by strengthening accountability and responsiveness to local communities, including those with protected characteristics. Through this policy, we believe constituents are more likely to receive timely, focused support and engagement from their local representative. The increased capacity of MSPs could lead to more effective representation, and stronger relationships with the communities they serve.