This Bill changes the law so that Commonwealth citizens with any type of leave to remain in the UK can:
This is a Government Bill.
The Bill was introduced on 9 September 2026 and is at Stage 1
This Bill is at Stage 1 of the process to decide if it should become an Act.
The Bill makes a change to the Local Government (Scotland) Act 1973. The 1973 Act sets out the requirements for who is eligible to stand for election, be elected and hold office as a local-government councillor in Scotland.
The change affects Commonwealth citizens living in the UK who are citizens of Commonwealth countries other than the UK. While British citizens are also Commonwealth citizens, their position is unaffected by the Bill.
The Bill proposes that Commonwealth citizens with any type of leave to remain in the UK would be allowed to stand for election. If a person has “leave to remain” that means they legally have permission to stay in the UK for a period of time.
They would also need to meet other criteria to be able to stand (for example, being aged 18 or over).
Without this change, Commonwealth citizens would only be able to stand as candidates at local government elections if they had indefinite leave to remain.
In introducing the Scottish Elections (Representation and Reform) Act 2025, the Scottish Government intended to give all foreign nationals with leave to remain the right to stand for election to local governments. However, an oversight in the drafting meant that Commonwealth citizens were not covered by the relevant parts of that Act.
Explanatory Notes (191KB, pdf) posted 08 September 2026
Policy Memorandum (206KB, pdf) posted 08 September 2026
Financial Memorandum (174KB, pdf) posted 08 September 2026
Delegated Powers Memorandum (160KB, pdf) posted 08 September 2026
Statements on legislative competence (145KB, pdf) posted 08 September 2026
Explanatory Notes (224KB, pdf) posted 08 September 2026
Policy Memorandum (248KB, pdf) posted 08 September 2026
Financial Memorandum (255KB, pdf) posted 08 September 2026
Delegated Powers Memorandum (254KB, pdf) posted 08 September 2026
Statements on legislative competence (166KB, pdf) posted 08 September 2026
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
The Bill was introduced on 9 September 2026
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the Standards, Procedures and Public Appointments Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
Read the Official Report of the meeting
A Stage 1 debate will take place following the publication of the lead committee Stage 1 report, to consider and decide on the general principles of the Bill.