House of Lords members barred from sitting as MSPs
You can serve in the House of Lords or sit in Holyrood - but from the next Scottish Parliament election you can’t do both. Ministers signed the regulations on 30 October 2025 and brought them into force on 31 October. The change takes practical effect on the next day of poll for a Holyrood general election, so nothing changes for sitting MSPs until voters next choose a Parliament.
What has actually changed in the law? The regulations add “member of the House of Lords” to the list of disqualifications for the Scottish Parliament and remove the earlier exception that let Lords serve as MSPs. In plain terms: if you’re in the Lords, you cannot sit or be elected as an MSP once the new rules apply.
Two short grace periods are built in to let people tidy up any clash. If you’re a peer who is elected to Holyrood, you have 14 days from being returned to sort it. If you’re an MSP who becomes a peer, you have 14 days from taking the Lords oath to resolve it. After that, the disqualification bites.
What does “resolve it” mean in practice? It means ending the dual role within that 14‑day window - for example, by leaving the Lords or by not taking up the MSP seat. If the deadline passes, the law treats your election or your membership as invalid and the seat becomes vacant under section 17 of the Scotland Act 1998.
Why now? Earlier this year the Scottish Parliament told ministers to end dual mandates through the Scottish Elections (Representation and Reform) Act 2025. Draft rules then went to the Standards, Procedures and Public Appointments Committee on 2 October and were approved under the affirmative procedure before being made.
If you’re studying the statutes, a quick timeline helps. The regulations were made on 30 October 2025 and came into force on 31 October. But their real‑world effect is tied to the next Holyrood election day. That’s why you might still see current MSPs who happen to be peers remain in post until the election.
For context, before this change section 16(1) of the Scotland Act created an exception so that members of the House of Lords were not disqualified from Holyrood. These regulations repeal that exception and add a new disqualification entry in section 15(1). It’s a move from “exception allowed” to “not allowed”.
What it means for you as a voter: you’re choosing someone who can focus on one job. The Scottish Government’s Equality Impact Assessment says dedicated MSPs should improve responsiveness because members are not splitting time with another chamber. Treat that as a cue when you read candidate bios and manifestos.
Media literacy glossary for this story: “made” is the day ministers sign the instrument; “coming into force” is the date it becomes law; “day of the poll” is election day; “affirmative procedure” means MSPs had to approve the draft before it could be made. Knowing these terms helps you follow the timeline and check claims in news stories.
Two quick scenarios help. Imagine a peer winning a Holyrood seat: they have 14 days to deal with the clash; if they don’t, their return is void and a vacancy arises. Imagine an MSP appointed to the Lords mid‑term: they have 14 days after taking the Lords oath; if they don’t resolve it, they cease to be an MSP and the seat is vacant.
If you’re thinking of standing, the Electoral Commission’s guidance for candidates explains who can run and flags that dual‑mandate bans are being put in place ahead of the 2026 poll. It’s the best first stop for practical questions about eligibility and disqualification.
The wider civics point is simple: one chamber, one mandate. This rule change aims to keep representation clear and time‑focused. Expect the first real test at the next Holyrood election, when the 14‑day windows and the new disqualification apply in full.