Commentary on Provisions Disqualifications: MPs, members of the House of Lords and councillors Section 3 – Scottish Parliament: disqualification of MPs.
24.This section gives the Scottish Ministers the power to make provision by affirmative regulations to disqualify a person from being an MSP if the person is a member of the House of Commons. The regulations may also include appropriate consequential, transitional, saving etc. provision resulting from the prohibition. Under the section, Ministers are required to lay draft regulations. After a first set of draft regulations have been laid, Ministers may bring forward further regulations.
25.Section 3(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, 17 and 82 of that Act to provide for grace periods (for recently returned MSPs and for currently serving MSPs) and any restrictions during such grace periods, including limits on salaries.
Section 4 – Scottish Parliament: disqualification of members of the House of Lords.
26.This section gives the Scottish Ministers the power to make provision by affirmative regulations to disqualify a person from being an MSP if the person is a member of the House of Lords. The regulations may also include appropriate consequential, transitional, saving etc. provision resulting from the prohibition. Under the section, Ministers are required to lay draft regulations. After a first set of draft regulations have been laid, Ministers may bring forward further regulations.
27.Section 4(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, 17 and 82 of that Act to provide for grace periods (for recently returned MSPs, for members of the House of Lords holding or applying for a leave of absence and for currently serving MSPs) and any restrictions during such grace periods, including limits on salaries.