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

“Power to request additional evidence in relation to absent voting applications

9B.

(1)

This paragraph applies where, upon receipt of an absent voting application, an ERO considers additional evidence is necessary to verify the identity of the applicant.

(2)

The ERO may require that the applicant provide the ERO with a copy, or where the ERO considers it appropriate, the original, of one of the following documents—

(a)

the applicant’s passport,

(b)

the applicant’s identity card issued in the European Economic Area,

(c)

the applicant’s biometric immigration document issued in the United Kingdom in accordance with regulations made under section 5 of the UK Borders Act 20079,

(d)

the applicant’s electoral identity card issued in Northern Ireland,

(e)

the applicant’s photocard driving licence granted in the United Kingdom or driving licence granted by a Crown Dependency, which bears a photograph of the applicant.

(3)

Where an applicant is not able to give one of the documents in sub-paragraph (2), the ERO may require that the applicant provide the ERO with a copy, or where the ERO considers it appropriate, the original, of—

(a)

one of the following documents, which, except in relation to paragraph (vii) must have been issued in the United Kingdom or Crown Dependencies—

(i)

the applicant’s birth certificate,

(ii)

the applicant’s marriage or civil partnership certificate,

(iii)

the applicant’s adoption certificate,

(iv)

the applicant’s firearms certificate granted under the Firearms Act 196810,

(v)

the record of a decision on bail made in respect of the applicant in accordance with section 5(1) of the Bail Act 197611 or Part 3 of the Criminal Procedure (Scotland) Act 199512,

(vi)

the applicant’s driving licence, which is not in the form of a photocard,

(vii)

the applicant’s driving licence granted other than in the United Kingdom or Crown Dependencies, which bears a photograph of the applicant and which must be valid for at least 12 months from the date the applicant entered the United Kingdom, and

(b)

two other documents, each of which may be either from head (a) or from those mentioned in sub-paragraph (4)(a) to (e).

(4)

Where the applicant is not able to provide documents in accordance with sub-paragraph (3), the ERO may require that the applicant provides the ERO with a copy, or where the ERO considers it appropriate, the original, of four documents, each of which may be any of the following kinds of evidence and which must bear the applicant’s full name—

(a)

a financial statement, including but not limited to—

(i)

a mortgage statement,

(ii)

a bank or building society statement or a letter from a bank or building society confirming that the applicant has opened an account with that bank or building society,

(iii)

a credit card statement,

(iv)

a pension statement,

(b)

a council tax demand letter or statement,

(c)

a utility bill,

(d)

a Form P45 or Form P60 issued to the applicant by their employer or former employer,

(e)

a statement of benefits or entitlement to benefits, such as a statement of child benefit, within the meaning of section 141 of the Social Security Contributions and Benefits Act 199213, or a letter confirming that the applicant is entitled to housing benefit, within the meaning of section 130 of that Act14.

(5)

If the applicant is unable to provide the documentary evidence required under sub-paragraphs (2) to (4), the ERO may require that the applicant give an attestation which must—

(a)

confirm that the applicant is the person named in the application,

(b)

be in writing and signed by a qualifying attestor,

(c)

state the qualifying attestor’s full name, date of birth, occupation, residential address, and (if different) the address in respect of which the qualifying attestor is registered as an elector,

(d)

state the qualifying attestor’s electoral number,

(e)

include an explanation as to the qualifying attestor’s ability to confirm that the applicant is the person named in the application, including (but not limited to) the qualifying attestor’s connection to the applicant and the length of time that connection has existed,

(f)

include—

(i)

an indication that the qualifying attestor is aware of article 27 (offences relating to applications for postal and proxy votes) of this Order, and

(ii)

a declaration by the qualifying attestor that all information provided in the attestation is true, and

(g)

state the date on which it is made.

(6)

In sub-paragraph (5), a “qualifying attestor” is a person—

(a)

who is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the applicant,

(b)

who is registered as an elector in a local authority area in Scotland,

(c)

whom the ERO is satisfied is of good standing in the community, and

(d)

who has not already signed a relevant identity attestation for two other applicants since whichever is the later—

(i)

the date on which the revised register in which the qualifying attestor’s name appears was last published under section 13(1) of the 1983 Act15,

(ii)

the date on which a notice specifying the qualifying attestor’s entry in the register was issued under section 13A(2), 13AB(2), 13B or 13BC of that Act (and if there has been more than one such notice, the date on which the last one was issued)16.

(7)

In sub-paragraph (6)(d), a “relevant identity attestation” is an attestation provided in accordance with—

(a)

sub-paragraph (5),

(b)

regulation 26B(6) or (6ZA) or 56C(5A) or (6) of the Representation of the People (England and Wales) Regulations 200117,

(c)

regulation 26B(6) or (6ZA) or 56C(5A) or (6) of the Representation of the People (Scotland) Regulations 200118,

(d)

regulation 11B(5) of the Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 200719,

(e)

regulation 25A(3) of the Representation of the People (Northern Ireland) Regulations 200820,

(f)

paragraph 16C(5) of schedule 2 of the Police and Crime Commissioner Elections Order 201221,

(g)

regulation 72B(5A) or (6) of the Recall of MPs Act 2015 (Recall Petition) Regulations 201622,

(h)

regulation 7(6) of the Voter Identification Regulations 202223,

(i)

paragraph 11B(5) of schedule 1 of the Senedd Cymru (Representation of the People) Order 202524.

(8)

Sub-paragraphs (2) to (5) do not apply where the applicant is registered, or has applied to be registered, in the register of local government electors in Scotland in pursuance of any of the following declarations—

(a)

a service declaration on the grounds that the applicant is a Crown servant or the spouse or civil partner of a Crown Servant,

(b)

a service declaration on the grounds that the applicant is a member of the forces,

(c)

a service declaration on the grounds that the applicant is the spouse or civil partner of a member of the forces.

(9)

In the case of an application to which sub-paragraph (8)(a) or (c) applies, the ERO may require that the applicant give them a copy, or where the ERO considers it appropriate, the original, of one of the following documents, which has been certified by a Crown servant or British Council employee or an officer of the forces, who is not the applicant’s spouse or civil partner—

(a)

the applicant’s passport,

(b)

the applicant’s identity card issued in the European Economic Area.

(10)

In the case of an application to which sub-paragraph (8)(b) applies, the ERO may require that the applicant give an attestation which must—

(a)

confirm that the applicant is the person named in the application,

(b)

be in writing and signed by an officer of the forces who is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the applicant,

(c)

state the full name, address and rank of the person signing the attestation and the service (whether naval, military or air forces) in which they serve, and

(d)

state the date on which it is made.

(11)

A document or attestation provided in accordance with this paragraph may be transmitted by an applicant by electronic means.

(12)

In this paragraph—

“Crown Dependency” means the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man,

“member of the forces” has the same meaning as in section 59(1) of the 1983 Act25,

“officer of the forces” means a member of the forces who is an officer.

(13)

This paragraph does not apply in relation to an application under article 9(2)—

(a)

which is received by the ERO after 5 pm on the sixth day before the date of the poll at the election for which it is made, and

(b)

where paragraph 9(4) or (4E) applies.

Processing of information provided in connection with an absent voting application

9C.

(1)

If a person provides an original document under paragraph 9B, the ERO must make a copy of that document and return the original document to the person who provided it.

(2)

In respect of any absent voting application, until the application has been determined the ERO must retain—

(a)

the application form,

(b)

any other information or documents provided to the ERO in connection with the application or, in the case of original documents returned under sub-paragraph (1), a copy of those documents.

(3)

Subject to sub-paragraph (4), the ERO may retain the application form, information and documents in sub-paragraph (2) after the application has been determined but, if they do so, must delete the applicant’s national insurance number from the application form, information and documents in sub-paragraph (2) by no later than the date which is 13 months from the date on which the ERO determined the absent voting application.

(4)

The requirement to delete the national insurance number in sub-paragraph (3) does not apply where the application, information and documents in sub-paragraph (2) are required for the purpose of any civil or criminal proceedings.

(5)

Information disclosed under paragraph 9A must not be disclosed to any other person, except for the purposes of—

(a)

determining the absent voting application in connection with which the information was disclosed,

(b)

any civil or criminal proceedings.

(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).

(7)

Any information disclosed under paragraph 9A must be processed in accordance with any requirements as to the processing of information that may have been imposed by the Secretary of State for Housing, Communities and Local Government in writing in advance of that processing, including requirements as to the transfer, storage, destruction and security of that information.

(8)

In this paragraph, “copy” includes an electronic copy.”.

“Requirement to notify certain electors and proxies that postal vote entitlement is to end

13A.

(1)

This paragraph applies in respect of an elector or proxy who remains entitled to vote by post at a Scottish parliamentary election or at local government and Scottish parliamentary elections by virtue of an entitlement which was granted for the maximum period (“the relevant person”).

(2)

Before the end of the maximum period, the ERO must send to the relevant person—

(a)

a notice informing the relevant person of the date on which the relevant person’s entitlement to vote by post is to end, and

(b)

information about how to make a fresh application to vote by post (as elector or, as the case may be, as proxy).”.

“A1

This paragraph does not apply to an elector or proxy so far as that elector or proxy remains entitled to vote by post at a Scottish parliamentary election or at local government and Scottish parliamentary elections.”.