Referendums (Scotland) Act 2020

Franchise

4 Those who are entitled to vote

A person is entitled to vote in the referendum if, on the date on which the poll at the referendum is held, the person is—

(a) aged 16 or over,

(b) registered in the register of local government electors maintained under section 9(1)(b) of the Representation of the People Act 1983 for any area in Scotland,

(c) not subject to any legal incapacity to vote (age apart) (see section 5), and

(d) a Commonwealth citizen, a citizen of the Republic of Ireland or a relevant citizen of the European Union.

5 Those who are subject to a legal incapacity to vote

For the purposes of this Act, a person is, on any date, subject to a legal incapacity to vote if the person would be legally incapable (whether by virtue of any enactment or any rule of law) of voting at a local government election in Scotland held on that date.