Commentary on Provisions Temporary relief from disqualification Section 19– Transitional provision: disqualifications relating to sexual offences etc.
63.Section 19 contains transitional arrangements for currently serving MSPs and councillors in relation to current disqualifications for sexual offences notification requirements and orders. The provision is relevant to persons holding office as an MSP on the day in which section 6 or as a or a councillor on the day on which section 7 comes into force. An MSP or councillor who is subject to any relevant notification requirements or a relevant sexual harm or risk order on the day of coming into force will not be disqualified for that person’s remaining term of office. However, the disqualification provisions will have effect, in respect of such requirements or of an existing order, from the earlier of the next general election or ordinary local election or any by-election involving the particular MSP or councillor.
64.Section 19 makes no exception for any new requirements or orders imposed on a person after commencement. Therefore a sitting representative would be disqualified immediately should they become subject to any new requirements or order after the commencement date. Similarly, the transitional arrangements in this section do not apply to make any special provision for a person who is not currently elected. Such a person would be disqualified for any existing or new requirements or orders from the relevant commencement date.