# The Absent Voting (Miscellaneous Amendment) (Scotland) Regulations 2026, Regulation 12: Verification of information provided in a relevant absent voting application


After regulation 11 (closing date for applications) insert—
“Verification of information provided in a relevant absent voting application
11A (1) On receipt of a relevant absent voting application made otherwise than through the UK digital service, a registration officer must disclose the applicant’s name or names, address, date of birth and national insurance number (“the first stage information”) to the Secretary of State for Housing, Communities and Local Government in such format and through such an infrastructure system as the Secretary of State for Housing, Communities and Local Government may have notified to the registration officer in writing.
(2) Following receipt of the first stage information from the registration officer or, in the case of an application made through or partially completed using the UK digital service, from an applicant, the Secretary of State for Housing, Communities and Local Government may disclose the first stage information to the Secretary of State for Work and Pensions.
(3) Where the first stage information has been disclosed to the Secretary of State for Work and Pensions under paragraph (2), the Secretary of State for Work and Pensions may compare it against—
(a) the name, address, date of birth and national insurance number of individuals appearing in the following types of data kept by the Secretary of State—
(i) data kept for the purposes of functions relating to social security (including such information kept on behalf of the Department for Social Development), and
(ii) data relating to working tax credit, child tax credit and child benefit (being information kept on behalf of His Majesty’s Revenue and Customs), and
(b) any other information contained in such types of data which relates to the information disclosed under paragraph (2).
(4) The Secretary of State for Work and Pensions may disclose the results of the comparison of the first stage information (“the second stage information”) to the Secretary of State for Housing, Communities and Local Government.
(5) On receipt of the second stage information, the Secretary of State for Housing, Communities and Local Government may disclose that information—
(a) to the Secretary of State for Work and Pensions, or
(b) to the registration officer to whom the application has been made or, in the case of an application made through the UK digital service, the registration officer appointed for the register to which the application relates.
(6) Paragraph (3) applies to the second stage information where it has been disclosed to the Secretary of State for Work and Pensions under paragraph (5)(a) as it applies to the first stage information disclosed under paragraph (2).
(7) The Secretary of State for Work and Pensions may disclose the results of the comparison of the second stage information (“the third stage information”) to the Secretary of State for Housing, Communities and Local Government.
(8) On receipt of the third stage information, the Secretary of State for Housing, Communities and Local Government may—
(a) compare the third stage information against the information provided in the relevant absent voting application, and
(b) notify the registration officer to whom the application has been made or, in the case of an application made through the UK digital service, the registration officer appointed for the register to which the application relates, as to whether the comparison in sub-paragraph (a) resulted in a match.
(9) The registration officer must take into account any information disclosed by, or notification received from, the Secretary of State for Housing, Communities and Local Government in accordance with this regulation when determining the application.
(10) This regulation does not apply in relation to an application under paragraph 4(2) of Schedule 4—
(a) which is received by the registration officer after 5 p.m. on the sixth day before the date of the poll at the election for which it is made, and
(b) where regulation 11(4) applies.
(11) In paragraph (1)—
(a) “infrastructure system” has the meaning given in schedule 3A of the Communications Act 2003,
(b) the reference to the applicant’s address is a reference to the address in the application in accordance with regulation 3(2)(b).
Power to request additional evidence in relation to relevant absent voting applications
11B (1) This regulation applies where, upon receipt of a relevant absent voting application, a registration officer considers additional evidence is necessary to verify the identity of the applicant.
(2) The registration officer may require that the applicant provide the registration officer with a copy, or where the registration officer 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 2007,
(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 paragraph (2), the registration officer may require that the applicant provide the registration officer with a copy, or where the registration officer 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 1968,
(v) the record of a decision on bail made in respect of the applicant in accordance with section 5(1) of the Bail Act 1976 or Part 3 of the Criminal Procedure (Scotland) Act 1995,
(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 sub-paragraph (a) or from those mentioned in paragraph (4)(a) to (e).
(4) Where the applicant is not able to give documents in accordance with paragraph (3), the registration officer may require that the applicant provides the registration officer with a copy, or where the registration officer 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 1992, or a letter confirming that the applicant is entitled to housing benefit, within the meaning of section 130 of that Act.
(5) If the applicant is unable to give the documentary evidence required under paragraphs (2) to (4), the registration officer 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 section 13CA(1) of the 1983 Act (Scottish local government elections: false information in connection with the applications for absent voting), 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 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 registration officer 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 Act,
(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).
(7) In paragraph (6)(d), a “relevant identity attestation” is an attestation provided in accordance with—
(a) paragraph (5),
(b) regulation 26B(6) or (6ZA) or 56C(5A) or (6) of the Representation of the People (England and Wales) Regulations 2001,
(c) regulation 26B(6) or (6ZA) or 56C(5A) or (6) of the Representation of the People (Scotland) Regulations 2001,
(d) regulation 25A(3) of the Representation of the People (Northern Ireland) Regulations 2008,
(e) paragraph 16C(5) of schedule 2 of the Police and Crime Commissioner Elections Order 2012,
(f) paragraph 9B(5) of schedule 3 of the Scottish Parliament (Elections etc.) Order 2015,
(g) regulation 72B(5A) or (6) of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016,
(h) regulation 7(6) of the Voter Identification Regulations 2022,
(i) paragraph 11B(5) of schedule 1 of the Senedd Cymru (Representation of the People) Order 2025.
(8) 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 paragraph (8)(a) or (c) applies, the registration officer may require that the applicant give them a copy, or where the registration officer 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 paragraph (8)(b) applies, the registration officer 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 regulation may be transmitted by an applicant by electronic means.
(12) In this regulation—
“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 Act,
“officer of the forces” means a member of the forces who is an officer.
(13) This regulation does not apply in relation to an application under paragraph 4(2) of Schedule 4—
(a) which is received by the registration officer after 5 p.m. on the sixth day before the date of the poll at the election for which it is made, and
(b) where regulation 11(4) or (4C) applies.
Processing of information provided in connection with a relevant absent voting application
11C (1) If a person provides an original document under regulation 11B, the registration officer must make a copy of that document and return the original document to the person who provided it.
(2) In respect of any relevant absent voting application, until the application has been determined the registration officer must retain—
(a) the application form, or, in the case of an application made through the UK digital service, the information contained in the application transmitted to the registration officer by the Secretary of State,
(b) any other information or documents provided to the registration officer in connection with the application or, in the case of original documents returned under paragraph (1), a copy of those documents.
(3) Subject to paragraph (4), the registration officer may retain the application form, information and documents in 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 paragraph (2) by no later than the date which is 13 months from the date on which the registration officers determined the relevant absent voting application.
(4) The requirement to delete the national insurance number in paragraph (3) does not apply where the application, information and documents in paragraph (2) are required for the purpose of any civil or criminal proceedings.
(5) Information disclosed under regulation 11A must not be disclosed to any other person, except for the purposes of—
(a) determining the relevant absent voting application in connection with which the information was disclosed,
(b) any civil or criminal proceedings.
(6) Any information disclosed under regulation 11A 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.
(7) In this regulation, “copy” includes an electronic copy.”.

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Source: https://www.legislation.gov.uk/sdsi/2026/9780111065211/regulation/12 (the official version)
Page: https://openlegislation.uk/draft-absent-voting-miscellaneous-amendment-scotland-regulations-2026/regulation-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.