UK Offence Report

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

Scottish Statutory Instrument 2026 No. 121 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
3 March 2026
In force from
3 November 2026
Extent
Not stated
Subject
Elections and representation of the people
Made under
Local Governance (Scotland) Act 2004, Political Parties, Elections and Referendums Act 2000, Scotland Act 1998

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order makes provision relating to absent voting applications in Scottish parliamentary elections and local government elections in Scotland and restricting the period for which a person can apply for a postal vote for Scottish parliamentary elections or for local government and Scottish parliamentary elections under the Scottish Parliament (Elections etc.) Order 2015 (“the 2015 Order”). Part 2 amends the Representation of the People (Scotland) Regulations 2001 to remove the five-yearly signature refresh requirement for electors and proxies who remain entitled to vote by post in Scottish local government elections. Part 3 amends the 2015 Order in relation to absent voting applications at Scottish parliamentary elections. Articles 4 and 5 provide that the maximum period for which an application to vote by post for Scottish parliamentary elections or local government and Scottish parliamentary elections is 3 years. Article 6 limits the maximum period within which a person can apply to vote by post as proxy to 3 years. Article 7 allows relevant attestations for absent voting applications to be submitted electronically. A relevant attestation is a statement by an eligible person confirming the applicant’s identity when the applicant cannot provide the required documents for identity verification. Article 8 requires absent voting applications under the 2015 Order to include the applicant’s national insurance number or an explanation for its absence, and for relevant applications to state the period for which they are made. Article 9 amends schedule 3 of the 2015 Order by adding paragraphs 9B, and 9C. Paragraph 9B enables registration officers to request additional evidence to confirm an applicant’s identity. Paragraph 9C sets out provisions for processing information related to absent voting applications. Articles 10 to 12 amend schedule 3 of the 2015 Order to reflect changes to the postal voting period for Scottish parliamentary elections and local government and Scottish parliamentary elections granted under the Order. Registration officers must include the date on which an applicant’s postal voting entitlement ends when notifying them that their application has been granted, send additional notifications in certain circumstances, and inform electors and proxies with a postal vote entitlement for the maximum period of the date that entitlement ends, together with information on how to make a fresh application. The requirement to provide signatures at five-year intervals no longer applies to electors or proxies who remain entitled to vote by post. Part 4 of this Order (articles 13 to 15) contains transitional provision to reflect the changes to the postal voting period. Article 14 provides that a devolved absent voting application made under the 2015 Order before, but not determined by, 3 November 2026 (“the relevant day”), is to be treated as not having been made. Article 15 provides transitional arrangements for existing postal votes for Scottish parliamentary elections or local government and Scottish parliamentary elections when the new maximum application period comes into force. Voters who, immediately before the relevant date, have an indefinite postal vote or one ending after the third 31 January following the relevant day may continue voting by post until the later of (a) the third 31 January after the relevant day or the signature refresh date (if sooner), or (b) the date on which the voter’s reserved postal vote entitlement, if they have one, ends. The signature refresh date is the 31 January by which a new signature would ordinarily be requested if the one on record is over five years old, but this notice will not be required. Before entitlement ends, registration officers must notify voters of the expiry date and explain how to reapply. Article 14 only applies to postal by proxy votes at Scottish Parliamentary elections where the proxy does not also have a postal by proxy vote for UK Parliamentary elections in Scotland.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service has no record of this instrument, although it covers the period. Nothing is inferred from that.

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