Scottish Elections Act 2025 Consequential Provision Regulations 2026
Summary
The Scottish Ministers have issued the Scottish Elections (Representation and Reform) Act 2025 (Consequential Provision) Regulations 2026. These regulations amend the Scottish Parliamentary Pensions Act 2009 to update references to the Scotland Act 1998, reflecting consequential changes from other related legislation.
What changed
These Regulations, made by the Scottish Ministers, amend the Scottish Parliamentary Pensions Act 2009. Specifically, they update references within schedules 1 and 2 of the 2009 Act from section 82(2) of the Scotland Act 1998 to the broader section 82. This amendment is consequential to changes made by the Scottish Parliament (Disqualification of Councillors) Regulations 2025 and the Scottish Parliament (Disqualification of Members of the House of Commons) Regulations 2025, which modified section 82 of the Scotland Act 1998.
Compliance officers should note that these are consequential amendments to pension legislation, reflecting prior legislative changes. The primary impact is on the interpretation of pension provisions for Members of the Scottish Parliament (MSPs). No new compliance obligations or deadlines are imposed on regulated entities by these specific regulations, as they are administrative in nature and serve to align statutory references.
Source document (simplified)
Status:
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Scottish Statutory Instruments
2026 No. 151
Constitutional Law
Representation Of The People
The Scottish Elections (Representation and Reform) Act 2025 (Consequential Provision) Regulations 2026
Made
19th March 2026
Coming into force
20th March 2026
The Scottish Ministers make the following Regulations in exercise of the power conferred by section 72 of the Scottish Elections (Representation and Reform) Act 2025(1), and all other powers enabling them to do so.
Citation and commencement
- These Regulations may be cited as the Scottish Elections (Representation and Reform) Act 2025 (Consequential Provision) Regulations 2026, and come into force on the day after the day on which they are made.
Amendment of the Scottish Parliamentary Pensions Act 2009
- —(1) The Scottish Parliamentary Pensions Act 2009(2) is amended as follows.
(2) In schedule 1—
(a) in rule 38(2) (amount of MSP pension), for “82(2)”, substitute “82”,
(b) in rule 95 (pension reduction for dual mandate MSPs), for “82(2)”, in each of the three places it occurs, substitute “82”.
(3) In schedule 2, in paragraph 3(2) (amount of MSP grants), for “82(2)” substitute “82”.
GRAEME DEY
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
19th March 2026
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations update references to section 82(2) of the Scotland Act 1998 (“ the 1998 Act ”) in schedules 1 and 2 of the Scottish Parliamentary Pensions Act 2009 (“ the 2009 Act ”), specifically to replace references to section 82(2) with broader references to section 82 of the 1998 Act.
These changes are required in consequence of provision made by the Scottish Parliament (Disqualification of Councillors) Regulations 2025 (S.S.I. 2025/306) and the Scottish Parliament (Disqualification of Members of the House of Commons) Regulations 2025 (S.S.I. 2025/307). Those instruments were made in exercise of the powers in sections 3 and 5 of the Scottish Elections (Representation and Reform) Act 2025 and made amendments to section 82 of the 1998 Act. This instrument ensures that those amendments to section 82 of the 1998 Act are reflected in the relevant places in the 2009 Act.
(1) 2025 asp 4.
(2) 2009 asp 1.
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