Commentary on Provisions Part 2: Disqualification
23.This Part contains provisions both making changes and conferring powers to make changes to the disqualification criteria for membership of the Scottish Parliament and local authorities. Sections 3 to 5 contain new powers for Ministers to make regulations disqualifying MPs, members of the House of Lords and councillors from being MSPs. Sections 6 and 7 set out new grounds for disqualification, based on sexual offences notification requirements and sexual harm or risk orders. Sections 8 to 17 partly mirror the changes made by Part 5 of the Elections Act 2022 in respect of elective offices across the rest of the United Kingdom in disqualifying persons who have committed certain offences relating to elections, as well as providing for a sentencing aggravator for such offences. Sections 18 and 19 deal with temporary relief and transitional provision in relation to the new disqualifications. Finally, section 20 severs the link which provides that disqualification from membership of the House of Commons automatically means that the person is disqualified from being an MSP.