The Representation of the People Act 1983 Remedial (Scotland) Order 2025

Method of voting by detained persons at local government elections

6.  Schedule 4 (absent voting in Great Britain) of the Representation of the People Act 2000(1) has effect as if—

(a) in paragraph 2 (manner of voting at parliamentary or local government elections), for sub-paragraph (6ZA) there were substituted—

“(6ZA) In relation to a local government election in Scotland, nothing in the preceding provisions of this paragraph applies to a person to whom—

(a) section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies, or

(b) section 3A(3A)(a) of the 1983 Act (exception to disenfranchisement for persons detained in hospitals etc.) applies,

and such a person may only vote by post or by proxy (where the person is entitled as an elector to vote by post or, as the case may be, by proxy at the election).”,

(b) in paragraph 3(3) (absent vote at elections for definite or indefinite period), for sub-sub-paragraph (e)(2) there were substituted—

“(e ) in the case of local government elections in Scotland, if the person is a person to whom—

(i) section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies, or

(ii) section 3A(3A) of the 1983 Act (exception to disenfranchisement for persons detained in hospitals etc.) applies.”,

(c) in paragraph 6 (proxies at elections), for sub-paragraph (5B) there were substituted—

“(5B) A person is not capable of voting as proxy at a local government election in Scotland if on the date of the election the person is a person to whom—

(a) section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies, or

(b) section 3A(3A)(a) of the 1983 Act (exception to disenfranchisement for persons detained in hospitals etc.) applies.”.

(1)

2000 (c. 2); schedule 4 was relevantly amended by section 9(2), (3)(b) and (4) of the Scottish Elections (Franchise and Representation) Act 2020 (asp 6).

(2)

Paragraph 3(3)(e) was inserted by section 9(3)(b) of the Scottish Elections (Franchise and Representation) Act 2020 (asp 6).