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Seòmar agus comataidhean

Standards, Procedures and Public Appointments Committee

Subordinate legislation considered by the Standards, Procedures and Public Appointments Committee on 26 February 2026

Scottish Elections (Representation and Reform) Act 2025 (Consequential Provision) Regulations 2026 [draft]

  1. At its meeting on 26 February 2026, the Standards, Procedures and Public Appointments (SPPA) Committee considered the Scottish Elections (Representation and Reform) Act 2025 (Consequential Provision) Regulations 2026. The statutory instrument was laid under theScottish Elections (Representation and Reform) Act 2025 on 11 February 2026. The instrument is subject to the affirmative procedure.

  1. The Regulations relate to previous statutory instruments considered by the Committee in relation to dual mandates and seek to correct a disconnect between the rules affecting dual mandate MSP salaries and their pensions under the Scottish Parliamentary Pensions Scheme Act 2009.

  1. In the Policy Note accompanying the instrument, the Scottish Government sets out that it “has been informed by the Scottish Parliamentary Corporate Body, on behalf of Scottish Parliamentary Pension Scheme (SPPS) Trustees, that as a consequence of the changes made to section 82 of the Scotland by SSI 2025/306 and SSI 2025/307, the pension rules affecting dual mandate MSPs are now out of step with section 82 of the 1998 Act as amended. This creates a disconnect between the rules affecting dual mandate MSP salaries and their pensions, as governed by the respective Acts.”

  1. The policy note goes on to indicate that the intention of the Regulations is to ensure that the amendments to section 82 of the Scotland Act are reflected in the Scottish Parliamentary Pensions Act 2009. It is also noted that Scottish Government has had discussions with relevant Parliament officials on the proposed changes.

  1. In advance of the Committee’s consideration of the instrument, the Parliament’s Clerk/Chief Executive confirmed that Parliament officials are content with the proposed changes and that any actions necessary on the part of the Parliament will be taken should the instrument be approved.


Consideration by the Delegated Powers and Law Reform Committee

  1. The Delegated Powers and Law Reform (DPLR) Committee considered the instrument on 17 February 2026 and reported on it in its 19th Report, 2026.

  1. The DPLR Committee made no recommendations in relation to the instrument.


Consideration by the Standards, Procedures and Public Appointments Committee

  1. At its meeting on 26 February 2026, the SPPA Committee took evidence on the instrument from Graeme Dey MSP, Minister for Parliamentary Business and Veterans, and Scottish Government officials.

  1. The Minister described the Regulations as a “correcting instrument” and he suggested that the Scottish Government and the Parliament may wish to reflect upon the “depth” of any consultations undertaken in future with regard to similar changes. He confirmed the instrument would allow the proposed changes to take effect from 7 May without any further difficulties.

  1. Following questions, the Minister moved motion S6M-20792 – That the Standards, Procedures and Public Appointments Committee recommends that the Scottish Elections (Representation and Reform) Act 2025 (Consequential Provision) Regulations 2026 [draft] be approved. The motion was agreed to.


Conclusion

  1. The Committee recommends to the Parliament that the Scottish Elections (Representation and Reform) Act 2025 (Consequential Provision) Regulations 2026 [draft] be approved.