Commentary on Provisions Disqualifications: MPs, members of the House of Lords and councillors Section 5 – Scottish Parliament: disqualification of councillors
28.This section gives the Scottish Ministers a discretionary power to make provision by affirmative regulations to disqualify a person from being an MSP if the person is a councillor. The regulations may also include appropriate consequential, transitional, saving etc. provision resulting from the prohibition.
29.Section 5(2) sets out more detail on some of the matters which may be included in the regulations. As well as a prohibition provided for by the regulations amending section 15 of the Scotland Act 1998, it makes clear that the regulations may also modify sections 16 and 17 of that Act to provide for grace periods (for recently returned MSP and or for currently serving MSPs) and any restrictions during such grace periods.