Commentary on Provisions Part 1: Candidacy rights etc. of foreign nationals Section 1 – Scottish Parliament elections
19.This section amends section 16 of the Scotland Act 1998 (exceptions and relief from disqualification) to allow all foreign nationals who are at least 18 years old and resident in the UK and with any form of leave to remain, to stand as candidates, to be nominated for election and to hold office in the Scottish Parliament.
20.Since giving candidacy rights to all foreign nationals with limited leave to remain would also include foreign nationals with indefinite leave to remain or EU nationals with pre-settled status, there is no need to create such a distinction. Therefore, the references to indefinite leave and pre-settled status in subsections (2B)(b)(ii) and (2C) of section 16 of the 1998 Act are removed by this section.