Search Legislation

Scottish Elections (Franchise and Representation) Act 2020

Schedule—Modifications of Enactments in Consequence of Part 3

30.Paragraph 1 of the schedule inserts a new regulation into the Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007 (“the 2007 regulations”), which places additional requirements for applications for a proxy vote for a particular or indefinite period based on detention in a penal institution. New regulation 9A requires such an application to state that the applicant is eligible to vote by proxy on grounds relating to their detention in a penal institution and the name of the penal institution in which they are detained. Regulation 10 of the 2007 regulations is amended to create a requirement for an application by a prisoner to vote by proxy at a particular election to state that the applicant is eligible to vote by proxy on grounds relating to their detention in a penal institution and the name of the penal institution in which they are detained.

31.Paragraph 2 of the schedule amends article 7(6) of the 2015 Order to exclude a prisoner as a person who can vote at a polling station at a Scottish Parliamentary election. Article 8(3) is amended by paragraph 2(3) of the schedule to include a prisoner as a person eligible to vote by proxy at a Scottish Parliamentary election. A new paragraph (4A) is inserted into article 10 by paragraph 2(4) of the schedule to clarify that a prisoner cannot act as a proxy at a Scottish Parliamentary election.

32.Paragraph 2(5) of the schedule inserts a new paragraph (6A) into schedule 3 of the 2015 Order to create a requirement for applications for a proxy vote for a particular period or indefinite period based on detention in a penal institution to state that the applicant is eligible to vote by proxy on grounds relating to their detention in a penal institution and the name of the penal institution in which they are detained. A new sub-paragraph (7A) is added to paragraph 7 of schedule 3 of the 2015 Order to create a requirement for an application by a prisoner to vote by proxy at a particular Scottish Parliament election to state that the applicant is eligible to vote by proxy on grounds relating to their detention in a penal institution and the name of the penal institution in which they are detained.

Back to top

Options/Help

Print Options

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources