Guidance for Candidates and Agents at Scottish Parliament elections
Disqualifying offices
Certain post-holders are disqualified from becoming a Member of the Scottish Parliament. These include:
- full-time members of the judiciary
- civil servants
- members of a police force
- members of the regular armed forces
- members of a legislature of any country or territory outside the Commonwealth (other than the Republic of Ireland)
- those who hold an office that is listed in The Scottish Parliament (Disqualification) Order 2025
- Members of the House of Commons, the House of Lords and Councillors
This list is not comprehensive and detailed lists of disqualifications are set out in the Scotland Act 1998 (as amended), the House of Commons Disqualification Act 1975 (as amended) and The Scottish Parliament (Disqualification) Order 2025.
MPs standing at the Scottish Parliament election
Members of the House of Commons cannot be members of the Scottish Parliament. While they can stand as candidates at the election, if successful, an MP would have to resign their seat in the House of Commons within 49 calendar days of being elected, otherwise the seat at Scottish Parliament would automatically become vacant.
This disqualification does not apply to Members of the Scottish Parliament until the next scheduled Scottish Parliament elections in 2026.
Other office holders standing at the Scottish Parliament election
Certain office-holders cannot be Members of the Scottish Parliament. These offices include:
Members of the House of Lords
Members of the House of Lords can stand as candidates at a Scottish Parliament election. If successful, they have 14 calendar days to resign their membership from the House of Lords or at that point they will automatically become disqualified, and the seat becomes vacant.
An MSP who becomes a Member of the House of Lords, is not disqualified as an MSP at any time in the period of 14 calendar days beginning with the day on which the member makes and subscribes the oath (or corresponding affirmation) required of member of the House of Lords.
This disqualification does not apply to Members of the Scottish Parliament until the next scheduled Scottish Parliament elections in 2026.
Members of a Scottish council
Members of a Scottish council can stand as candidates at a Scottish Parliament election. If successful, they would have 49 calendar days to resign their post or at that point they will automatically become disqualified and their seat in the Scottish Parliament becomes vacant.
A councillor who is elected as an MSP is eligible to remain in place, if there are 372 calendar days or less until the next council election.
This disqualification does not apply to current MSP who are also councillors until the next scheduled local council elections in Scotland in 2027.
Certain other offices holders who are listed in the Scottish Parliament (Disqualification) Order 2025 may stand as candidates at a Scottish Parliament election, but, if successful, would have to resign their office before taking the oath or allegiance (or make the corresponding affirmation).
This list is not comprehensive and detailed lists of disqualifications are set out in the Scotland Act 1998 (as amended) and the Scottish Parliament (Disqualification) Order 2025.