Scotland sets new ban on MSPs serving as councillors

If you win a Holyrood seat while also sitting on a council, new rules mean you won’t be able to hold both roles for long. The Scottish Ministers signed the Scottish Parliament (Disqualification of Councillors) Regulations 2025 on 30 October 2025, with the instrument coming into force on 31 October. The change is designed to end “dual mandates” between the Scottish Parliament and local councils. According to the Scottish Government’s own equality impact assessment, the goal is simple: one elected job at a time so constituents get your full attention.

Here’s the timing that matters for voters and candidates. Although the regulations are now in force, the actual disqualification rule only bites from the day of the poll at the next Scottish Parliament general election. The Electoral Commission has published guidance and a date‑specific timetable for Thursday 7 May 2026, which is when the new rule is expected to apply, unless an early election is called.

What changed in law is straightforward. The regulations modify the Scotland Act 1998 so that being a “councillor” now disqualifies a person from being a Member of the Scottish Parliament (MSP), with built‑in grace periods. This sits within powers created by the Scottish Elections (Representation and Reform) Act 2025, which authorised ministers to make these disqualification rules and to include exceptions and transitional arrangements.

Two short windows are important for anyone who finds themselves “returned” at an election-that is, officially declared elected. If you’re already an MSP and then win a council seat, you have 49 days to decide which role to keep. If you’re a councillor who then becomes an MSP, you also have 49 days-unless the next ordinary council election is within 372 days. These windows are set in the regulations to give people time to make a clean handover.

There’s also a longer exception that’s meant to avoid unnecessary by‑elections. If, on the day you become an MSP, the next ordinary council election is due within 372 days, you can carry on as a councillor until that election happens. Think of it as a final‑year allowance so wards aren’t left short‑changed mid‑term. The Scottish Government’s summary makes clear this is about finishing out the term before the next scheduled vote.

Let’s test the rule with a real‑world timeline. Suppose you’re a councillor who wins a seat at Holyrood on 7 May 2026. The next Scotland‑wide council elections are due in May 2027, which is within a year, so you could continue as a councillor until that poll day before stepping away. That pathway is consistent with the Commission’s guidance on the 2027 local election cycle.

Flip the scenario. If you’re an MSP who later wins a council by‑election after May 2026, you won’t be able to do both beyond seven weeks. The 49‑day rule applies, so you must choose one job and resign the other within that period or you’ll be disqualified from being an MSP. This is meant to keep roles clear for voters and avoid stretched representation.

Pay is tidied up too, which matters for any short overlap that’s allowed. The regulations require the Scottish Parliament to reduce an MSP’s salary by the amount of a basic councillor’s remuneration if the member is also being paid as a councillor during the same period. The benchmark for that deduction is set by regulations made under the Local Governance (Scotland) Act 2004, commonly known as the 2007 Remuneration Regulations, rather than by ad‑hoc decisions.

Why is this happening now? The 2025 Act gave ministers the tools to end double‑jobbing across the board, including for MPs and members of the House of Lords, and to add councillors to the list after consultation. The Scottish Government’s equality impact work says the cohort affected is small but the public benefit is clarity and focus: you elect someone to one job and they give it their full working week.

For classrooms and campus debates, the take‑away is practical civics. Watch how parties select candidates for 2026 if they currently serve on councils, look for 49‑day resignation notices after results, and note how the one‑year exception limits disruption before the May 2027 council elections. This is a live case study in how election law sets rules, timelines and pay to keep representation clear and fair.