Guidance for Candidates and Agents at Scottish Parliament elections

Apart from meeting the qualifications for standing for election, you must also not be disqualified from standing on the day of your nomination and on polling day.

The full range of disqualifications is complex and if you are in any doubt about whether you are disqualified, you must do everything you can to check that you are not disqualified before submitting your nomination papers.

You must be sure that you are not disqualified as you will be asked to sign the consent to nomination to confirm that you are not disqualified.1  

It is a criminal offence to make a false statement on your nomination papers as to your qualification for being elected,2 so if you are in any doubt, you should contact your employer, consult the legislation or, if necessary, take your own independent legal advice.

The relevant Returning Officer will not be able to confirm whether or not you are disqualified.

There are certain people who are disqualified from becoming a Member of Scottish Parliament. You cannot be a candidate if at the time of your nomination and on polling day:

• You hold a post that is disqualified from becoming a Member of Scottish Parliament.3 More information is set out in our guidance Disqualifying offices.
• Your estate has been sequestrated by a court in Scotland and you have not been discharged, you have been adjudged bankrupt by a court elsewhere, or you are the subject of a bankruptcy restrictions order under either the Bankruptcy (Scotland) Act 2016 or the Insolvency Act 1986.4 For more information, see our guidance on Sequestration and bankruptcy.
• You have been convicted of an offence, have been sentenced to be imprisoned or detained for more than a year and are detained anywhere in the UK, the Republic of Ireland, the Channel Islands or the Isle of Man, or are unlawfully at large.5   
• You have been disqualified under the Representation of the People Act 1983 (which covers corrupt or illegal electoral practices and offences relating to donations). 
  • The disqualification for an illegal practice begins from the date a person has been reported guilty by an election court or convicted and lasts for three years6  
  • The disqualification for a corrupt practice begins from the date a person has been reported guilty by an election court or convicted and lasts for five years7  
• You are subject to any relevant notification requirements or a relevant sexual harm or risk order8  
• You are subject to a Scottish disqualification order under section 8 of the Scottish Elections (Representation and Reform ) Act 20259  
• You have been convicted of an intimidatory criminal offence motivated by hostility towards a candidate, future candidate or campaigner or holder of a relevant elective office. The effect of a disqualification order is that the person will be disqualified from standing for, being elected to, and holding any relevant elective office for five years.10