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Committee

Standards, Procedures and Public Appointments Committee 26 February 2026 [Draft]

26 Feb 2026 · S6 · Standards, Procedures and Public Appointments Committee
Item of business
Subordinate Legislation
Scottish Elections (Representation and Reform) Act 2025 (Consequential Provision) Regulations 2026 [Draft]
I thank the committee for inviting me to give evidence on these regs.The SSI seeks to resolve a disconnect between the rules affecting dual mandate MSPs’ salaries and their pensions, as governed by the Scottish Parliamentary Pensions Act 2009 and the Scotland Act 1998. This stemmed from the dual mandate regulations that I brought forward, which were considered by this committee last year.This area could be described as one where responsibility is shared between Government and Parliament. Although the Government brought forward the dual mandate regulations, the Parliament has responsibility for the 2009 act and the rules of the MSP pension scheme. It is clear that the impact of the dual mandate regulations that the Government brought forward last year left those two pieces of legislation out of step with each other. When oversights are identified, it is important that appropriate action is taken, which is what the Government has done.The issues with the original regulations were highlighted by the Scottish parliamentary pension scheme trustees. I understand that the disconnect, if it is not resolved, could impact annual pension figures and periods of reckonable service of any dual mandate MSP/MPs or MSP/councillors if elected following the upcoming Scottish Parliament election.Following input that we have had from the parliamentary authorities and the Scottish Parliamentary Corporate Body, I am confident that this correcting instrument will ensure that those minor and technical cross-referencing issues are addressed prior to the dual mandate regulations taking effect at midnight on 7 May. I am grateful to the Parliament for its co-operation in working to resolve the issues.

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