# The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2025, Note: Explanatory note


(This note is not part of the Order)
This Order amends the Scottish Parliament (Elections etc.) Order 2015 (“the 2015 Order”). The 2015 Order sets out provisions relating to the conduct of elections for, and the return of members to, the Scottish Parliament.
This Order also amends the Representation of the People Act 1983 (“the 1983 Act”) in relation to procedure for registering to vote for persons under 16 and the Political Parties, Elections and Referendums Act 2000 (“PPERA”) in relation to the Electoral Commission’s duties to monitor election expenses and donations at Scottish Parliament elections.
The changes made by this Order will not apply to any election held on or before 6 May 2026.
Section 7B of the 1983 Act sets out the procedure for a person to register as a local government elector for an electoral area on the basis of a declaration of local connection, rather than by registering as a person living at an address in that area. Section 7B(2A) to (2C) makes this procedure available to children looked after by a local authority (or who have been looked after by a local authority) who are under 16. Article 2 increases this age limit to under 21.
Article 3 amends section 145 of PPERA which places a duty on the Electoral Commission to monitor, and take reasonable steps to secure, compliance with (among other things) restrictions and requirements in relation to election expenses and donations to candidates and election agents. This extends the duty to include any restriction or requirement contained in an Act of the Scottish Parliament or secondary legislation made under such an Act, where the Electoral Commission is performing the duty in relation to a Scottish Parliament general election or by-election.
Articles 5 to 16 amend the 2015 Order.
Article 5 amends article 38 of the 2015 Order so that expenses incurred under article 41 by an authorised third party do not have to be paid by the election agent. The amendment ensures that third parties are able to both incur and pay for authorised expenses under article 38, rather than the expenses being paid through the agent of the candidate they are promoting.
Article 6 amends articles 42 and 43 to extend their application to a poll the date of which is changed by a proclamation of His Majesty under section 2(5E) of the Scotland Act 1998 (“the 1998 Act”). Where a further proclamation is issued to postpone a poll, inserted article 42(2B) provides that the maximum amount candidates may spend is increased by one half of the original maximum amount specified by article 42(2). Article 6 also amends article 42(7) which deals with the maximum amount where a poll is rescheduled due to the death of a candidate - in that case the maximum amount is increased by an amount equal to the original maximum amount specified in article 42(2), and inserts article 42(7A) which provides that increases to the maximum amount applied by article 42(2A), (2B) and (7) where a poll is postponed apply cumulatively where more than one postponement has occurred. Article 6 also updates a reference to the Scottish Parliament (Constituencies and Regions) Order 2020 to the Scottish Parliament (Constituencies and Regions) Order 2025 (S.S.I. 2025/[ ]) which gives effect to boundary changes proposed by Boundaries Scotland in their Second Review of Scottish Parliament Boundaries. Article 6 also amends the treatment of expenses reasonably attributable to security.
Article 7 amends article 60 of the 2015 Order to clarify the law in relation to notional expenditure to ensure that benefits in kind, such as property, goods services or facilities supplied to a candidate in an election to the Scottish Parliament for free or at a discount, should only qualify as an election expense for the relevant campaign where their use is directed, authorised or encouraged by the candidate or the candidate’s election agent.
Article 8 updates the offence of undue influence in keeping with modern legislative drafting practice. It remains an offence to use certain violent, threatening, intimidating, injurious or deceptive behaviour to influence whether a person votes, the way in which a person may choose to vote, or to otherwise impede or prevent their free exercise of the franchise. It remains possible to commit this offence either personally, acting jointly with others or by a person authorising others to act on their behalf. A person guilty of the offence of undue influence is guilty of a corrupt practice under section 168 of the 1983 Act.
Article 9 amends article 80(1) of the 2015 Order which defines the time at which a person becomes a “candidate” for the purposes of Part 3 of the 2015 Order so that a person who has already been declared a candidate becomes a candidate for the purposes of the Order 27 days before the date of the poll, calculated in accordance with rule 2 of the Scottish Parliament Election Rules in schedule 2 of the 2015 Order.
Article 10 amends the minimum duration for which the Parliament is dissolved before an ordinary general election may occur. The amendment reduces the period from 28 days to 20 days, also calculated in accordance with rule 2 of schedule 2 of the 2015 Order.
Article 11 amends article 91 of the 2015 Order so a proclamation under section 2(5E) of the 1998 Act setting a different day for the poll at the election remains valid in the event of the demise of the Crown.
Article 12 amends paragraph 1 of schedule 1 of the 2015 Order to provide that the “relevant date” after which electoral registration officers must provide copies of the register of electors free of charge to returning officers is the day 27 days before polling day, calculated in accordance with rule 2 of schedule 2 of the 2015 Order, and to include a proclamation under section 2(5E) of the 1998 Act as one of the proclamations the announcement of which is a relevant date for those purposes.
Article 13 amends rule 1A of schedule 2 to add a proclamation under section 2(5E) of the 1998 Act as one of the circumstances which may require the returning officer to publish the notices set out in rule 1A and to adopt a new timetable as provided for in that rule. It also amends rule 1B of schedule 2 to add such a proclamation as one of the circumstances in which a returning officer may make use of materials printed for the originally scheduled date of the poll.
Article 14 amends rule 38 of schedule 2 to substitute for the existing requirement that constituency returning officers provide a specified device to allow blind and partially sighted voters to vote independently, a duty to provide such equipment as is reasonable to enable (or make it easier for) disabled voters, including those who are blind or partially sighted, to vote independently. It also requires the Electoral Commission to produce guidance on this duty, and requires constituency returning officers to have regard to that guidance in fulfilling the duty to provide equipment to assist disabled voters.
Article 15 amends schedule 3 of the 2015 Order which contains provision about absent voting and allows late applications for emergency proxy votes in specified circumstances.
The amendments allow late application for an emergency proxy to be made where the applicant cannot vote in person on the date of the election as they will be accompanying another person to attend medical care or treatment. A late application can be made in these circumstances only when the applicant became aware of the grounds after 5 pm on the sixth day before the poll at the election for which it is made. Applications must be attested and signed by a person who is aged 16 years or over, knows the applicant, and is not related to the applicant. The deadline for applications is 5pm on the date of the poll.
A time limited coronavirus-related provision in paragraph 7A of schedule 3 of the 2015 Order is replaced with a new provision that enables an elector with a proxy vote to appoint an alternative proxy where the proxy’s circumstances are such that they cannot reasonably be expected to vote in person at the polling station allocated to the elector and they do not have a postal vote. The deadline for such an application is 5 pm on the day of the poll at the election (see paragraph 9(3A) of schedule 3).
The deadline for emergency applications made on grounds that the applicant is detained in prison is amended so that prisoners who are eligible to vote in Scottish Parliament elections can apply for an emergency proxy vote until 5 pm on the date of the poll. This deadline will apply irrespective of when the applicant was originally detained in prison.
Article 16 amends schedule 4 which makes provision about the issue and receipt of postal ballot papers. The deadline for replacing a lost or spoilt postal ballot paper is changed from 10 pm to 5 pm on the day of the poll. Statutory forms K (postal voting statement), L2 (official poll card to be sent to an elector voting by post), M2 (official poll card to be sent to a proxy voting by post), and T (postal voting statement) and U (postal voting statement) in the Appendix are also amended to reflect the new deadline.

---
Source: https://www.legislation.gov.uk/sdsi/2025/9780111063415/note (the official version)
Page: https://openlegislation.uk/draft-scottish-parliament-elections-etc-miscellaneous-amendments-order-2025/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.