# The Absent Voting (Miscellaneous Amendment) (Scotland) Regulations 2026, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations make provision to enable online absent voting applications to be made for local government elections in Scotland, as well as the verification of information provided in absent voting applications for those elections (whether or not submitted online), the use of the UK digital service in relation to absent voting applications for Scottish Parliament elections and so consistent information is held for absent voting entitlements for local government elections in Scotland, Scottish parliamentary elections and UK parliamentary elections.
Part 2 of these Regulations make the changes necessary to enable online absent voting applications to be made for local government elections in Scotland, including provision which also relates to paper-based absent voting applications, by amending the Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007 (“2007 Regulations”) and the Representation of the People (Scotland) Regulations 2001 (“the 2001 Regulations”).
The maximum period for which a person could apply for a postal vote at local government elections was changed by the Absent Voting (Elections in Scotland and Wales) Act 2025 so that a grant of an application to vote by post may not exceed 3 years.
Regulations 2 to 5 make amendments to the 2001 Regulations. The 2001 Regulations apply where an absent vote is being sought or has been sought in respect of UK parliamentary elections alongside local government elections in Scotland. Regulations 3 to 5 make provision to implement the new 3 year maximum period for which applications to vote by post at local government elections in Scotland can be granted. These amendments require relevant absent voting applications to include the applicant’s national insurance number or explain why they are unable to do so. These amendments also enable relevant absent voting applications for local government elections in Scotland to be made online.
Regulations 6 to 15 make amendments to the 2007 Regulations. The 2007 Regulations apply where an absent vote is being or has been sought in respect solely of local government elections in Scotland or of a particular local government election in Scotland.
Regulation 7 provides for the new maximum period for new postal vote applications and adds definitions to the 2007 Regulations.
Regulation 8 amends regulation 3 of the 2007 Regulations, which makes provision about the general requirements for absent voting applications for an absent vote at local government elections in Scotland. The amendments require the applicant to state their national insurance number in a relevant absent voting application or explain why they are unable to do so. Provision is also made to enable applications to be submitted electronically and processed.
Regulations 9 and 11 enable late applications for a proxy vote at a specific election where an earlier application for a proxy vote had been online prior to the usual deadline but the application was not received until after the usual deadline due to technical difficulties with the online application process.
Regulation 12 provides for the verification of information provided in relevant absent voting applications (whether or not submitted online), the power for registration officers to request further evidence from applicants in order to verify the applicant’s identity and how registration officers should process information provided by the applicant.
Regulation 13 provides for additional notifications to be sent by registration officers where an application for postal ballot papers to be sent to a different address is granted, refused or disregarded for the purposes of a particular election.
Regulation 14 excludes postal voters from the application of regulation 15A of the 2007 Regulations under which a fresh signature is ordinarily requested from a postal voter every 5 years.
Regulation 15 provides for the registration officer to notify an elector or proxy, who is entitled to vote by post at a local government election for the maximum period of 3 years, of the date on which their postal vote is to come to an end and how to make a fresh application. This must be done before the end of the 3 year period.
Part 3 of these Regulations amends the Scottish Parliament (Elections etc.) Order 2015 to enable absent voting applications for Scottish parliamentary elections, made under that Order, to be submitted online via the UK digital service. It also permits proxy applications for a specific election to be made up to 5 pm on polling day if an earlier online application, submitted before the usual deadline of 5 pm on the sixth day before the poll, was delayed past that deadline due to a technical issue with the online application process.
Part 4 of these Regulations contains transitional provision to enable the use of the UK digital service in relation to absent voting applications for Scottish Parliament elections and local government elections in Scotland.
Regulation 24 provides that an absent voting application for local government elections in Scotland made before, but not determined by 3 November 2026 (“the relevant day”) is treated as not having been made, with information on how to make a fresh voting application provided.
Regulation 25 provides transitional arrangements for existing postal votes or postal by proxy votes for local government elections in Scotland when the new maximum application period comes into force. Voters who, immediately before the relevant date, have an indefinite postal vote (whether as elector or proxy) or one ending after the third 31 January following the relevant day may continue voting by post until (a) the third 31 January after the relevant day or the signature refresh date (if sooner), or (b) if later the date on which the voter’s reserved postal vote entitlement, if they have one, ends. The signature refresh date is the 31 January by which a new signature would ordinarily be requested if the signature on record is over 5 years old, but this will not be required unless the voter continues to have a proxy vote entitlement for UK parliamentary elections. Before the voter’s postal vote entitlement ends, registration officers must notify voters of the expiry date and explain how to reapply. Regulation 25 only applies to indefinite or long-standing postal by proxy votes where the proxy does not have a reserved proxy postal vote entitlement.
Regulation 26 terminates postal proxy vote entitlements for Scottish parliamentary elections in Scotland if the proxy also has a reserved proxy postal vote entitlement.
Regulation 27 aligns signature refresh dates where a person holds both a devolved and a reserved proxy vote entitlement with the later of the two original signature refresh dates, unless the third 31 January after the relevant day occurs sooner, in which case it will end on that date.
Regulation 28 addresses postal vote discrepancies and the termination of certain devolved postal vote entitlements. If a person holds both a devolved and a reserved postal vote entitlement and the postal vote addresses on record do not match, the devolved postal vote entitlement will end on the relevant day.
Regulation 29 concerns postal vote signature discrepancies. If a person holds both a devolved and a reserved postal vote entitlement and the signatures on record differ, from the relevant day the registration officer must apply the signature held for the person’s reserved postal vote entitlement to their devolved postal vote entitlement.
Regulation 30 addresses signature waiver discrepancies and the termination of certain devolved absent vote entitlements. If a person holds both a devolved and a reserved absent vote entitlement and a signature waiver applies to only one, the devolved entitlement will end on the relevant day.
Regulation 31 addresses proxy name and address discrepancies and the termination of certain devolved proxy vote entitlements. If a person holds both a devolved and a reserved proxy appointment and the proxy names or addresses on record do not match, the devolved proxy vote entitlement will end on the relevant day.
Regulation 32 addresses postal and proxy vote discrepancies and the termination of certain devolved postal vote entitlements. If a person has a devolved postal vote entitlement and a reserved proxy vote entitlement, the devolved entitlement will end on the relevant day.
Regulation 33 addresses postal and proxy vote discrepancies and the termination of certain devolved proxy appointments. If a person has a devolved proxy appointment and a reserved postal vote entitlement, the devolved proxy appointment will end on the relevant day.
Generally where a person’s devolved absent voting entitlement will cease to have effect on the relevant day the registration officer must inform the person of this before the relevant day and that a new application may be required.

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Source: https://www.legislation.gov.uk/sdsi/2026/9780111065211/note (the official version)
Page: https://openlegislation.uk/draft-absent-voting-miscellaneous-amendment-scotland-regulations-2026/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.