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

Background

Dual mandates is the term used to describe the scenario of Members of the Scottish Parliament (MSPs) also holding a seat in the House of Commons (MPs), House of Lords (Peers) or representing a ward in their local council (Councillors), in addition to their seat in the Scottish Parliament.

In December 2024, the Scottish Parliament unanimously passed the Scottish Elections (Representation and Reform) Act 2025 (the Act). Part 2 of the Act requires Scottish Ministers to create regulations prohibiting MSPs from holding dual mandates as MPs and Peers. Ministers also have the discretion to extend this prohibition to MSPs also being local Councillors.

The Scottish Government conducted a public consultation seeking views on the principles and practical issues of ending dual mandates in the Scottish Parliament. The Scottish Parliament (Disqualification of Councillors) Regulations 2025 follows the Scottish Government’s consideration of the responses to that consultation, as well as further engagement with stakeholders (see below). It makes provision:

• To provide an exception to the disqualification if there are 372 or fewer days between the day on which the person is returned as an MSP and the day on which the next ordinary election of councillors is due to be held, allowing a Councillor to serve the remainder of their Council term.
• In other cases, to disqualify MSPs who also hold a Councillor role in a Scottish Local Authority if they do not resolve their dual mandate within 49 days (7 weeks) of being returned as an MSP or a Councillor, whichever comes second.
• to require the Scottish Parliament to ensure that an MSP who also receives a salary for their work as a Councillor has their basic MSP salary reduced by the amount of basic councillor salary which they receive.

In addition to considering the written responses from individuals and organisations to the consultation paper, during the policy development process roundtable discussions were held with political parties and stakeholders who have a delivery or practical focus to discuss the SG’s approach to dual mandates legislation including the Electoral Commission, the EMB, IPSA and a Clerk to the House of Lords. The Scottish Government will continue to work with stakeholders and organisations with an interest to ensure full account is taken of equality issues arising after the SSI is implemented.