UK Offence Report

Processing of information provided in connection with an absent voting application

article 9C(6) of The Absent Voting (Miscellaneous Amendment) (Scotland) Order 2026

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

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).

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
contravening a requirement of the instrument
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach article 9C(6)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. On these words an offence is committed where a person discloses information in breach of sub-paragraph (5).
  2. Doing the thing the provision prohibits under the Absent Voting (Miscellaneous Amendment) (Scotland) Order 2026, whatever the reason for doing it.
  3. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
Unlimited
Maximum prison (summary)
Not determined
Maximum prison (on indictment)
1 year

'to a fine' with no stated maximum.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
3 March 2026
In force from
3 November 2026
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Order) — the explanatory note published with the instrument, © Crown copyright.

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.

Read the full note and every offence in this instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis
the provision says a person is “guilty of an offence”
Confidence
0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source