{ "url": "https://openlegislation.uk/draft-absent-voting-miscellaneous-amendment-scotland-regulations-2026/regulation-22", "json_url": "https://openlegislation.uk/draft-absent-voting-miscellaneous-amendment-scotland-regulations-2026/regulation-22.json", "legislation": "sdsi/2026/9780111065211", "legislation_title": "The Absent Voting (Miscellaneous Amendment) (Scotland) Regulations 2026", "legislation_url": "https://openlegislation.uk/draft-absent-voting-miscellaneous-amendment-scotland-regulations-2026", "path": "regulation/22", "kind": "regulation", "number": "22", "heading": "Information provided in an absent voting application", "text": "(1) After paragraph 9 (closing dates for applications) of schedule 3 insert—\n“Verification of information provided in absent voting application\n9A (1) On receipt of an absent voting application made otherwise than through the UK digital service, an ERO 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 ERO in writing.\n(2) Following receipt of the first stage information from the ERO or, in the case of an application made through or partially completed using the UK digital service, from the 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.\n(3) Where the first stage information has been disclosed to the Secretary of State for Work and Pensions under sub-paragraph (2), the Secretary of State for Work and Pensions may compare it against—\n(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—\n(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\n(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\n(b) any other information contained in such types of data which relates to the information disclosed under sub-paragraph (2).\n(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.\n(5) On receipt of the second stage information, the Secretary of State for Housing, Communities and Local Government may disclose that information—\n(a) to the Secretary of State for Work and Pensions, or\n(b) to the ERO to whom the application has been made or, in the case of an application made through the UK digital service, the ERO appointed for the register to which the application relates.\n(6) Sub-paragraph (3) applies to the second stage information where it has been disclosed to the Secretary of State for Work and Pensions under sub-paragraph (5)(a) as it applies to the first stage information disclosed under sub-paragraph (2).\n(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.\n(8) On receipt of the third stage information, the Secretary of State for Housing, Communities and Local Government may—\n(a) compare the third stage information against the information provided in the absent voting application, and\n(b) notify the ERO to whom the application has been made or, in the case of an application made through the UK digital service, the ERO appointed for the register to which the application relates, as to whether the comparison in head (a) resulted in a match.\n(9) The ERO 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 paragraph when determining the application.\n(10) This paragraph does not apply in relation to an application under article 9(2)—\n(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\n(b) where paragraph 9(4) applies.\n(11) In sub-paragraph (1)—\n(a) “infrastructure system” has the meaning given in schedule 3A of the Communications Act 2003,\n(b) the reference to the applicant’s address is a reference to the address in the application in accordance with paragraph 1(1)(b).”.\n(2) At the end of paragraph 9C(2)(a) (processing of information provided in connection with an absent voting application) of schedule 3 insert “, or, in the case of an application made through the UK digital service, the information contained in the application transmitted to the ERO by the Secretary of State”.", "extent": null, "status": null, "version": "current", "annotations": [ { "type": "footnote", "label": "f1", "text": "2003 c. 21. Schedule 3A was added by schedule 1 of the Digital Economy Act 2017 (c. 30). It has subsequently been amended by paragraph 4 of the schedule of the Telecommunications Infrastructure (Leasehold Property) Act 2021 (c. 7) and sections 57, 59, 60, 66, 68 and 69 of the Product Security and Telecommunications Infrastructure Act 2022 (c. 46)." }, { "type": "footnote", "label": "f2", "text": "Paragraph 9C was inserted by S.S.I. 2026/XXX." } ], "outstanding_effects": [], "provenance": { "source": "legislation.gov.uk", "source_url": "https://www.legislation.gov.uk/sdsi/2026/9780111065211/regulation/22", "retrieved_at": "2026-10-30T15:27:59.268802+00:00" }, "licence": "Open Government Licence v3.0", "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/", "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives." }