Scotland to ban MSPs from holding council seats
Scotland is drawing a clear line on dual mandates at Holyrood. From the next Scottish Parliament election, you will not be able to sit as both a councillor and an MSP. The change was made on 30 October 2025 and came into force on 31 October 2025 as Scottish Statutory Instrument 2025/306, published on legislation.gov.uk.
Here’s the key timing point we teach first. Although the Regulations are in force, the disqualification and pay rules only start on the day of the poll at the next general election to Holyrood. Until that polling day, any MSP who also holds a council seat remains eligible and their pay is unchanged.
What the law now says is straightforward. The Regulations modify the Scotland Act 1998 so that a “councillor” is added to the list of disqualifications from membership of the Scottish Parliament. Ministers used powers in the Scottish Elections (Representation and Reform) Act 2025 and the instrument was approved by the Scottish Parliament before being made.
Scenario 1-MSP first, councillor second. If you are already an MSP and are later returned as a councillor, you are given 49 days starting on the day you are declared elected to decide which role to keep. During those 49 days you are not disqualified from the Parliament by virtue of also being a councillor.
Scenario 2-councillor first, MSP second, and the council election is close. If, on the day you become an MSP, the expected day of the next ordinary council election is within 372 days, you may hold both roles until the council polling day. This is designed to avoid forcing a mid‑term resignation when voters are already close to choosing a new council.
Scenario 3-councillor first, MSP second, and the council election is not close. If the next ordinary council election is 373 days or more away on the day you are returned as an MSP, the 49‑day window applies instead. You must choose within 49 days starting with the day you were declared elected to Holyrood.
Why “372 days”? It is a little more than a year, building in a small buffer around a one‑year horizon. In plain language, if the council poll is around a year away or sooner, you may continue until that democratic handover; if it is further away, you should not hold both jobs beyond a short crossover period.
About pay: double salaries are not allowed once the new system starts. From the next Holyrood poll day, the Scottish Parliament must reduce an MSP’s salary by the amount set as the basic councillor remuneration if the member is also being paid as a councillor for the same period. The deduction uses the figure set in regulations under the Local Governance (Scotland) Act 2004 and does not take into account extra payments for leaders, civic heads or senior councillors.
Key definitions help you read the instrument with confidence. “Returned” means formally declared elected. An “ordinary election of councillors” is the scheduled council poll set under the Representation of the People Act 1983. The “expected day” of that poll is judged as it stands at the start of the day you are returned as an MSP.
Here’s a simple timeline you can share in class. The Regulations were made on 30 October 2025, came into force on 31 October 2025, and will first bite at the poll for the next Scottish Parliament general election. The grace periods then work either for 49 days or, where applicable, until the next ordinary council election. Source: legislation.gov.uk (S.S.I. 2025/306).
What this means for you as a candidate or campaign volunteer is practical. Plan for a clear decision within 49 days if you might win both roles. If you are a councillor running for Holyrood in the final year before council elections, prepare to carry both responsibilities until the council poll, then step back from the council seat.
Zooming out, this rule change aims to tidy up representation and workload, not to shut people out of public life. It limits long‑term double‑hatting, gives predictable handover points, and protects public money through a salary offset. The instrument is signed for the Scottish Ministers by Graeme Dey and, as with all statutory rules, is published in full on legislation.gov.uk so you can read and teach from the primary source.