# The Representation of the People Act 1983 Remedial (Scotland) Order 2025, Note: Explanatory note (This note is not part of the Order) This Order makes temporary modifications to the law relating to Scottish parliamentary elections and local government elections in Scotland to remove an incompatibility with the European Convention on Human Rights arising from the disfranchisement of some persons detained in hospital under orders and directions relating to criminal justice from voting in Scottish parliamentary elections and local government elections in Scotland. This brings the law into line with the changes to the rules on prisoner voting made by Part 3 of the Scottish Elections (Franchise and Representation) Act 2020. The Order comes into force on the day after the day on which it is made, but does not have effect in relation to any local government by-election held before 7 May 2026. The Order expires on 28 February 2030 but the expiration of the Order does not affect the validity of any actions taken under it before that date. Section 3A(1) of the Representation of the People Act 1983 (“the 1983 Act”) provides that a person is legally incapable of voting during the time they are detained under enactments listed in subsection (3) of that section as respects Scotland. This applies to all elections in Scotland, devolved (e.g. Scottish parliamentary elections and local government elections in Scotland) and reserved (e.g. UK general elections). Article 3 of this Order temporarily amends section 3A of the 1983 Act so new subsections (3A) to (3C) are read in. Subsection (3A) provides that a person is not legally incapable of voting at a local government election in Scotland by virtue of section 3A(1) of the 1983 Act while they are detained in pursuance of an order or direction mentioned in subsection (3A) and any conditions specified are met. Section 11 of the Scotland Act 1998 provides that those entitled to vote in Scottish Parliament elections are those entitled to vote, and registered, as local government electors. Therefore, the modifications made by this article in respect of the local government franchise will also affect Scottish Parliament elections. Subsection (3A)(a) provides that for orders made under sections 53, 57(2)(a) or 57A(2) of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”) the offences for which the person has been convicted or charged must not be punishable by a term of imprisonment exceeding 12 months for that person to be able to vote. A person detained in pursuance of any such order will not have been sentenced, so it is the person’s deemed liability, in respect of the offence for which they have been convicted or charged, that is to be taken into account. Accordingly, for example, a person convicted of an offence punishable by imprisonment of 2 years would not be able to vote in Scottish elections while they are detained in pursuance of any such order. New subsection (3B) sets out how a person’s liability is to be calculated if they have been convicted or charged with more than one offence - their liability is to be equal to the aggregate length of the total maximum terms of imprisonment for each offence as if sentenced consecutively. For example, if a person is convicted of 3 offences carrying maximum penalties of 3 months, 6 months and 6 months respectively, the person would be treated as being liable to be sentenced to 15 months’ imprisonment (so the person would not be legally capable of voting). A person subject to an order made under section 57(2)(a) of the 1995 Act must also not be subject to a further order made under section 57(2)(b) of that Act to be legally capable of voting. Similarly, a person subject to an order made under 57A(2) of that Act must not be subject to a further order made under section 59 of that Act. For directions made under 59A of that Act and section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003, the sentence imposed in conjunction with the direction, or already being served by the person at the point the direction is made, must not include a term of imprisonment exceeding 12 months. New subsection (3C) makes provision for detainees who are to serve, or are serving, consecutive or concurrent sentences. This applies where a person receives more than one sentence on the same occasion or where a person is sentenced on separate occasions but is not released (other than on temporary release) for any period between the first occasion of sentencing and the last. For example, a person sentenced (at the same time) to a 6 month and a 7 month sentence, to be served concurrently, would be regarded for the purposes of this section as serving a total term of 7 months and would therefore be covered by new subsection (3A). A detainee sentenced to two sentences of 7 months to run consecutively would not be able to vote whilst detained, as they would be considered to be serving a single term of 14 months. Subsection (3A)(b) also removes the restriction on voting by persons during the time their personal welfare is placed under the guardianship of a local authority (or of such other person approved by a local authority) under section 58 of the 1995 Act. Articles 4 and 5 make temporary provision regarding where a detained person is treated as residing. Article 6 makes temporary provision about the method of voting by detained persons at local government elections. Article 7 introduces the schedule which contains temporary modifications of secondary legislation in consequence of this Order. It contains provision related to the administration of voter registration, absent voting at local government elections in Scotland and Scottish parliamentary elections and the method of voting at Scottish parliamentary elections. Article 8 provides that a person registered in the register of local government electors by virtue of article 3 is entitled to remain registered until article 3 expires. When article 3 expires, the registration officer must remove that person’s entry unless they qualify to remain registered otherwise than by virtue of this Order. --- Source: https://www.legislation.gov.uk/ssi/2025/353/note (the official version) Page: https://openlegislation.uk/representation-of-the-people-act-1983-remedial-scotland-order-2025/note Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.