Scotland Act 1998

[F1 12B Power to make provision about the use of the UK digital service for absent voting applications U.K.

(1) A Minister of the Crown or the Scottish Ministers may by regulations make provision about the use of the UK digital service in relation to absent voting applications.

(2) The provision that may be made under subsection (1) includes, in particular, provision—

(a) conferring functions on a Minister of the Crown to enable absent voting applications to be submitted through the UK digital service;

(b) where such applications are, or are to be, so submitted—

(i) authorising a Minister of the Crown, in prescribed circumstances, to complete applications in part for people;

(ii) about how any requirement for an applicant to provide a signature in connection with an application may be satisfied;

(c) about the disclosure of prescribed information or evidence through the UK digital service;

(d) about the disclosure of prescribed information or evidence in connection with an absent voting application in relation to which the UK digital service is, or is to be, used.

(3) Subject to subsection (4), the disclosure or other processing of information in accordance with provision made under this section does not breach—

(a) any obligation of confidence owed by the person processing the information;

(b) any other restriction on the processing of information (however imposed).

(4) Provision made under this section does not require or authorise the disclosure or other processing of personal data that would contravene the data protection legislation (but in determining whether particular processing of data would do so, take into account the duty imposed or the powers conferred by such provision).

(5) The Scottish Ministers may not make regulations under this section without the agreement of a Minister of the Crown.

(6) In this section—

• “absent voting application” means an application (including a partially completed application) to vote by post or proxy at an election for membership of the Parliament, or at elections for membership of the Parliament, in accordance with an order under section 12;

• “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act);

• “personal data” and “processing” have the same meaning as in the Data Protection Act 2018 (see section 3(2) and (4) of that Act);

• “prescribed” means prescribed by regulations made under this section;

• “the UK digital service” means a digital service provided by a Minister of the Crown for the registration of electors, and a reference to an absent voting application submitted through the UK digital service is a reference to such an application submitted using that service as an intermediary.]

Textual Amendments

F1 S. 12B inserted (27.10.2025) by Absent Voting (Elections in Scotland and Wales) Act 2025 (c. 27), ss. 2(2), 4(1)