Scotland disqualifies Lords from Holyrood at next poll

Scotland has drawn a clear line between Westminster’s upper chamber and Holyrood. New regulations made on 30 October 2025 and in force from 31 October 2025 mean you cannot be both a member of the House of Lords and a Member of the Scottish Parliament. The rule will apply from the next Scottish Parliament general election, not before.

Formally, this is the Scottish Parliament (Disqualification of Members of the House of Lords) Regulations 2025 (SSI 2025/308). Scottish Ministers used powers in section 4 of the Scottish Elections (Representation and Reform) Act 2025. A draft was laid and approved by the Scottish Parliament before being signed at St Andrews House, Edinburgh, by Graeme Dey on 30 October 2025, as recorded on legislation.gov.uk.

Practically, the Regulations amend the Scotland Act 1998. Section 15(1) gains a new disqualification: a person who is a member of the House of Lords is disqualified from being an MSP. This overturns the previous position under which a peer could also sit at Holyrood.

Two short grace periods are built in under amended section 16, which also repeals the older rule that explicitly allowed peers to sit as MSPs. If a peer is elected to Holyrood, they have 14 days from the day they are formally returned as an MSP before the disqualification applies. If an MSP becomes a peer, they have 14 days from the day they make the Lords oath or affirmation under the Parliamentary Oaths Act 1866.

Think through the first scenario. You sit in the Lords and win a Holyrood constituency or regional seat. From the moment the returning officer declares you returned, a 14‑day clock starts. Within that window you would need to leave the Lords-usually by using the retirement process-otherwise you cannot continue as an MSP beyond day 14.

Now the second scenario. You are an MSP and you are appointed to the Lords. The clock does not start when you receive your letters patent; it starts when you make the Lords oath or affirmation. You then have 14 days to resolve the clash. If nothing is done by day 14, you are disqualified from sitting as an MSP.

This change is not retrospective. The instrument states that the disqualification does not take effect until the day of the poll at the first general election to the Scottish Parliament after 31 October 2025. That means no current MSP is disqualified by these Regulations before the next general election is held.

If you are teaching or revising devolution, it helps to place this in context. Holyrood makes laws for devolved areas in Scotland such as health, education and transport. The House of Lords is the revising chamber of the UK Parliament, working on UK‑wide legislation with appointed and some hereditary members. The two institutions have different mandates and accountability routes.

Why restrict dual roles at all? Supporters of this reform say voters deserve clarity about who represents them and that one person cannot fairly serve two legislatures with separate workloads and priorities. Others argue peers can bring useful experience to Holyrood debates. The Scottish Government and Parliament have opted for a bright‑line rule with brief transition periods to keep the system tidy and transparent.

For parties and candidates, the takeaway is planning. If you are a peer seeking a Holyrood nomination, you should be ready to leave the Lords within 14 days of being returned. If you are an MSP offered a peerage, remember the 14‑day window activates only when you take the Lords oath-so the timing of that ceremony matters.

A quick glossary helps everyone keep track. Being “returned” is the formal declaration that you have been elected. The “day of the poll” is election day itself. The “oath day” in the Lords is when you first make the oath or affirmation required by the 1866 Act; without it you cannot sit or vote, and under these Regulations it also triggers the 14‑day MSP window.

For transparency, key facts in this explainer come from Scottish Statutory Instrument 2025/308 on legislation.gov.uk. It records that the Regulations were made on 30 October 2025, came into force on 31 October 2025, and amend sections 15 and 16 of the Scotland Act 1998. We will be watching how parties apply the 14‑day rules as the next Holyrood election approaches.