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The Absent Voting (Miscellaneous Amendment) (Scotland) Order 2026

Type Scottish-Statutory-Instrument
Publication 2026-03-03
State In force
Jurisdiction Scotland
Department King's Printer for Scotland
Source legislation.gov.uk
articles 5
Reform history JSON API PDF

Made: 3rd March 2026

Coming into force: 3rd November 2026

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 3(1)(a) and 16(2) and (3) of the Local Governance (Scotland) Act 2004[^f00001] and sections 12(1) and 113(2), (3), (4), (5) and (9A) of the Scotland Act 1998[^f00002] and all other powers enabling them to do so.

In accordance with section 7(1) and (2)(g) and (j) of the Political Parties, Elections and Referendums Act 2000[^f00003], the Scottish Ministers have consulted the Electoral Commission.

In accordance with paragraphs 1 and 2 of schedule 7 of the Scotland Act 1998[^f00004], a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Part 1 — Introductory

Citation and commencement

1

Part 2 — Absent voting at local government elections

Amendment of the Representation of the People (Scotland) Regulations 2001

2

In regulation 60A(A1) (requirement to provide fresh signatures at intervals) of the Representation of the People (Scotland) Regulations 2001[^f00005] omit “at a parliamentary election”.

Part 3 — Absent voting at Scottish parliamentary elections

Amendment of the Scottish Parliament (Elections etc.) Order 2015

3

The Scottish Parliament (Elections etc.) Order 2015[^f00006] is amended in accordance with articles 4 to 12.

Interpretation

4

In article 2(1) (interpretation)—

  • “absent voting application” means an application (including a partially completed application) under article 8, 9, 10 or 11,
  • “maximum period” means the period specified in article 8(1A)(a) or article 11(4B)(a),

Absent vote at Scottish parliamentary elections for an indefinite or a particular period

5

In article 8 (absent vote at Scottish parliamentary elections for an indefinite or a particular period)—

(1A) Any grant of an application under paragraph (1) is to be for— (a) the period ending with the third 31 January following the date on which the application is granted, or (b) any shorter period specified in the application.

(f) in the case of a person shown in the record as voting by post, once the period for which the person is entitled to vote by post has expired.

(7A) Paragraph (1A) applies to an application under paragraph (7) to vote by post, as it applies to an application under paragraph (1).

Voting as proxy

6

In article 11 (voting as proxy)—

(4) Where a person applies to the ERO to vote by post as proxy— (a) at Scottish parliamentary elections, or (b) at a particular Scottish parliamentary election, the ERO must grant the application if the conditions set out in paragraph (4A) are met. (4A) The conditions are— (a) the ERO is satisfied that the elector is or will be registered in the register of electors, (b) there is an appointment of the applicant as the elector’s proxy to vote for the elector in force, (c) the application contains the applicant’s signature and date of birth, and (d) the application meets the requirements set out in schedule 3 (which makes provision in connection with absent voting). (4B) Any application granted under paragraph (4)(a), is to be granted for— (a) the period ending with the third 31 January following the date on which the application is granted, or (b) any shorter period specified in the application.

(a) the period for which they may vote by post as proxy, and

(b) once the period for which the person is entitled to vote by post as proxy expires,

Sending of applications, notices etc.

7

In article 87(3) (sending of applications, notices etc.), after “notice” insert “, relevant attestation under paragraph 9B(5) of schedule 3”.

General requirements for applications

8

In paragraph 1 (general requirements for applications) of schedule 3 (absent voting)[^f00007]—

(aa) the applicant’s national insurance number or, if the applicant is unable to provide that information, the reason why they are unable to do so,

(6) An application under article 8(1), 8(2), 10(6) or 11(4)(a) must specify whether it is for— (a) an indefinite period, (b) the maximum period, or (c) the period specified in the application.

Verification of information provided in an absent voting application

9

After paragraph 9A (verification of information provided in an absent voting application) of schedule 3[^f00008] insert—

(9B) (1) This paragraph applies where, upon receipt of an absent voting application, an ERO considers additional evidence is necessary to verify the identity of the applicant. (2) The ERO may require that the applicant provide the ERO with a copy, or where the ERO considers it appropriate, the original, of one of the following documents— (a) the applicant’s passport, (b) the applicant’s identity card issued in the European Economic Area, (c) the applicant’s biometric immigration document issued in the United Kingdom in accordance with regulations made under section 5 of the UK Borders Act 2007[^f00009], (d) the applicant’s electoral identity card issued in Northern Ireland, (e) the applicant’s photocard driving licence granted in the United Kingdom or driving licence granted by a Crown Dependency, which bears a photograph of the applicant. (3) Where an applicant is not able to give one of the documents in sub-paragraph (2), the ERO may require that the applicant provide the ERO with a copy, or where the ERO considers it appropriate, the original, of— (a) one of the following documents, which, except in relation to paragraph (vii) must have been issued in the United Kingdom or Crown Dependencies— (i) the applicant’s birth certificate, (ii) the applicant’s marriage or civil partnership certificate, (iii) the applicant’s adoption certificate, (iv) the applicant’s firearms certificate granted under the Firearms Act 1968[^f00010], (v) the record of a decision on bail made in respect of the applicant in accordance with section 5(1) of the Bail Act 1976[^f00011] or Part 3 of the Criminal Procedure (Scotland) Act 1995[^f00012], (vi) the applicant’s driving licence, which is not in the form of a photocard, (vii) the applicant’s driving licence granted other than in the United Kingdom or Crown Dependencies, which bears a photograph of the applicant and which must be valid for at least 12 months from the date the applicant entered the United Kingdom, and (b) two other documents, each of which may be either from head (a) or from those mentioned in sub-paragraph (4)(a) to (e). (4) Where the applicant is not able to provide documents in accordance with sub-paragraph (3), the ERO may require that the applicant provides the ERO with a copy, or where the ERO considers it appropriate, the original, of four documents, each of which may be any of the following kinds of evidence and which must bear the applicant’s full name— (a) a financial statement, including but not limited to— (i) a mortgage statement, (ii) a bank or building society statement or a letter from a bank or building society confirming that the applicant has opened an account with that bank or building society, (iii) a credit card statement, (iv) a pension statement, (b) a council tax demand letter or statement, (c) a utility bill, (d) a Form P45 or Form P60 issued to the applicant by their employer or former employer, (e) a statement of benefits or entitlement to benefits, such as a statement of child benefit, within the meaning of section 141 of the Social Security Contributions and Benefits Act 1992[^f00013], or a letter confirming that the applicant is entitled to housing benefit, within the meaning of section 130 of that Act[^f00014]. (5) If the applicant is unable to provide the documentary evidence required under sub-paragraphs (2) to (4), the ERO may require that the applicant give an attestation which must— (a) confirm that the applicant is the person named in the application, (b) be in writing and signed by a qualifying attestor, (c) state the qualifying attestor’s full name, date of birth, occupation, residential address, and (if different) the address in respect of which the qualifying attestor is registered as an elector, (d) state the qualifying attestor’s electoral number, (e) include an explanation as to the qualifying attestor’s ability to confirm that the applicant is the person named in the application, including (but not limited to) the qualifying attestor’s connection to the applicant and the length of time that connection has existed, (f) include— (i) an indication that the qualifying attestor is aware of article 27 (offences relating to applications for postal and proxy votes) of this Order, and (ii) a declaration by the qualifying attestor that all information provided in the attestation is true, and (g) state the date on which it is made. (6) In sub-paragraph (5), a “qualifying attestor” is a person— (a) who is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the applicant, (b) who is registered as an elector in a local authority area in Scotland, (c) whom the ERO is satisfied is of good standing in the community, and (d) who has not already signed a relevant identity attestation for two other applicants since whichever is the later— (i) the date on which the revised register in which the qualifying attestor’s name appears was last published under section 13(1) of the 1983 Act[^f00015], (ii) the date on which a notice specifying the qualifying attestor’s entry in the register was issued under section 13A(2), 13AB(2), 13B or 13BC of that Act (and if there has been more than one such notice, the date on which the last one was issued)[^f00016]. (7) In sub-paragraph (6)(d), a “relevant identity attestation” is an attestation provided in accordance with— (a) sub-paragraph (5), (b) regulation 26B(6) or (6ZA) or 56C(5A) or (6) of the Representation of the People (England and Wales) Regulations 2001[^f00017], (c) regulation 26B(6) or (6ZA) or 56C(5A) or (6) of the Representation of the People (Scotland) Regulations 2001[^f00018], (d) regulation 11B(5) of the Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007[^f00019], (e) regulation 25A(3) of the Representation of the People (Northern Ireland) Regulations 2008[^f00020], (f) paragraph 16C(5) of schedule 2 of the Police and Crime Commissioner Elections Order 2012[^f00021], (g) regulation 72B(5A) or (6) of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016[^f00022], (h) regulation 7(6) of the Voter Identification Regulations 2022[^f00023], (i) paragraph 11B(5) of schedule 1 of the Senedd Cymru (Representation of the People) Order 2025[^f00024]. (8) Sub-paragraphs (2) to (5) do not apply where the applicant is registered, or has applied to be registered, in the register of local government electors in Scotland in pursuance of any of the following declarations— (a) a service declaration on the grounds that the applicant is a Crown servant or the spouse or civil partner of a Crown Servant, (b) a service declaration on the grounds that the applicant is a member of the forces, (c) a service declaration on the grounds that the applicant is the spouse or civil partner of a member of the forces. (9) In the case of an application to which sub-paragraph (8)(a) or (c) applies, the ERO may require that the applicant give them a copy, or where the ERO considers it appropriate, the original, of one of the following documents, which has been certified by a Crown servant or British Council employee or an officer of the forces, who is not the applicant’s spouse or civil partner— (a) the applicant’s passport, (b) the applicant’s identity card issued in the European Economic Area. (10) In the case of an application to which sub-paragraph (8)(b) applies, the ERO may require that the applicant give an attestation which must— (a) confirm that the applicant is the person named in the application, (b) be in writing and signed by an officer of the forces who is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the applicant, (c) state the full name, address and rank of the person signing the attestation and the service (whether naval, military or air forces) in which they serve, and (d) state the date on which it is made. (11) A document or attestation provided in accordance with this paragraph may be transmitted by an applicant by electronic means. (12) In this paragraph— - “Crown Dependency” means the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, - “member of the forces” has the same meaning as in section 59(1) of the 1983 Act[^f00025], - “officer of the forces” means a member of the forces who is an officer. (13) This paragraph does not apply in relation to an application under article 9(2)— (a) which is received by the ERO after 5 pm on the sixth day before the date of the poll at the election for which it is made, and (b) where paragraph 9(4) or (4E) applies. (9C) (1) If a person provides an original document under paragraph 9B, the ERO must make a copy of that document and return the original document to the person who provided it. (2) In respect of any absent voting application, until the application has been determined the ERO must retain— (a) the application form, (b) any other information or documents provided to the ERO in connection with the application or, in the case of original documents returned under sub-paragraph (1), a copy of those documents. (3) Subject to sub-paragraph (4), the ERO may retain the application form, information and documents in sub-paragraph (2) after the application has been determined but, if they do so, must delete the applicant’s national insurance number from the application form, information and documents in sub-paragraph (2) by no later than the date which is 13 months from the date on which the ERO determined the absent voting application. (4) The requirement to delete the national insurance number in sub-paragraph (3) does not apply where the application, information and documents in sub-paragraph (2) are required for the purpose of any civil or criminal proceedings. (5) Information disclosed under paragraph 9A must not be disclosed to any other person, except for the purposes of— (a) determining the absent voting application in connection with which the information was disclosed, (b) any civil or criminal proceedings. (6) A person who discloses information in breach of sub-paragraph (5) is guilty of an offence and liable— (a) on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine (or both), (b) on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum (or both). (7) Any information disclosed under paragraph 9A must be processed in accordance with any requirements as to the processing of information that may have been imposed by the Secretary of State for Housing, Communities and Local Government in writing in advance of that processing, including requirements as to the transfer, storage, destruction and security of that information. (8) In this paragraph, “copy” includes an electronic copy.

Grant or refusal of applications for a postal or proxy vote

10

In paragraph 10 (grant or refusal of applications for a postal or proxy vote) of schedule 3—

(1A) Where the ERO grants an application to vote by post, the notification under sub-paragraph (1) must include— (a) where the postal vote entitlement is for a particular election, the date of the poll for which the elector’s entitlement to vote by post has been granted, (b) otherwise, the date on which the elector’s entitlement to vote by post ends.

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