
1 

(1) This Order may be cited as the Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2025 and comes into force on the day after the day on which it is made.
(2) This Order has no effect for the purposes of any election for which the date of the poll is on or before 6 May 2026.
2 
In section 7B(2A)(a) (notional residence: declaration of local connection) of the Representation of the People Act 1983 for “16” substitute “21”.
3 
After section 145(3) of the Political Parties, Elections and Referendums Act 2000 (duties of the Commission with respect to compliance with controls imposed by the Act etc.) insert—“
(3A) In relation to a Scottish parliamentary general election or an election held under section 9 of the Scotland Act 1998 (constituency vacancies), the reference in subsection (1)(b) to any enactment includes a reference to any enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”.
4 
The Scottish Parliament (Elections etc.) Order 2015 is amended in accordance with articles 5 to 16.
5 
In article 38(4) (payment of expenses through election agent: constituency and individual regional candidates)—
(a) at the end of sub-paragraph (b) omit “or”,
(b) after sub-paragraph (b) insert—“
(ba) any expenses incurred on account of any matter falling within article 41(1) by a person authorised as mentioned in that provision; or”.
6 

(1) In article 42 (limitation of election expenses: constituency and individual regional candidates)—
(a)  after paragraph (2A) insert—“
(2B) Notwithstanding paragraph (8), where the date of the poll at a Scottish parliamentary election has been postponed by a further proclamation under section 2(5E) of the Scotland Act 1998, the maximum amount will have effect in relation to any candidate at that election as if the maximum amount were increased by one half of the amount specified in paragraph (2).”,
(b) in paragraph (6)(c) for “in providing for the protection of persons of property at rallies or other public events” substitute “that are reasonably attributable to the protection of persons or property”,
(c) in paragraph (7) for “twice” to the end substitute “increased by an amount equal to the amount specified by paragraph (2) for each countermanding or abandonment which occurs.”,
(d) after paragraph (7) insert—“
(7A) Where more than one of the circumstances described by paragraphs (2A), (2B) or (7) are applicable to a poll, the increases in the maximum amount provided for by the applicable paragraphs are to apply cumulatively.”, and
(e) in paragraph (9) for “2020” substitute “2025”.
(2) In article 43 (limitation of pre-candidacy election expenses: constituency and individual candidates at Scottish Parliament general elections)—
(a) in paragraph (3)—
(i) in sub-paragraph (b) after “section 2(5)” insert “or (5E)”,
(ii) in sub-paragraph (c) after “section 2(5)” insert “or (5E)”,
(b) in paragraph (5A) after “section 2(5)” insert “or (5E)”.
7 
In article 60 (property, goods, services etc. provided free of charge or at a discount), after paragraph (1), insert—“
(1A) For the purposes of paragraph (1)(b), property, goods, services or facilities are made use of on behalf of a candidate only if their use on behalf of the candidate is directed, authorised or encouraged by the candidate or the candidate’s election agent.”.
8 
For article 77 (undue influence) substitute—“
77 

(1) A person is guilty of a corrupt practice if that person is guilty of undue influence.
(2) A person (“P”) is guilty of undue influence if P carries out an activity falling within paragraph (4) for the purpose of—
(a) inducing or compelling a person to vote in a particular way or to refrain from voting, or
(b) otherwise impeding or preventing the free exercise of the franchise of an elector or of a proxy for an elector.
(3) A person (“P”) is also guilty of undue influence if P carries out an activity falling within any of paragraph (4)(a) to (f) on account of—
(a) a person having voted in a particular way or refrained from voting, or
(b) P assuming a person to have voted a particular way or to have refrained from voting.
(4) The following activities fall within this paragraph—
(a) using, or threatening to use, violence against a person,
(b) damaging or destroying, or threatening to damage or destroy, a person’s property,
(c) damaging, or threatening to damage, a person’s reputation,
(d) causing, or threatening to cause, financial loss to a person,
(e) causing spiritual injury to, or placing undue spiritual pressure on, a person,
(f) doing any other act designed to intimidate a person,
(g) doing any act designed to deceive a person in relation to the administration of an election.
(5) For the purposes of paragraphs (2) and (3) an activity is carried out by P if it is carried out—
(a) by P,
(b) by P jointly with one or more other persons, or
(c) by one or more other persons on behalf of P with P’s authority or consent.
(6) In paragraph (4)(f) and (g) “act” includes an omission (and references to the doing of an act are to be read accordingly).”.
9 
In article 80(1) (interpretation of Part 3) in the definition “a person becomes a “candidate” in relation to a Scottish parliamentary election”—
(a) omit “of” where it first occurs,
(b) for “the dissolution of the Scottish Parliament” substitute “which is 27 days before the date of the poll, computed in accordance with rule 2 of the Scottish Parliamentary Election Rules (computation of time)”,
(c) before “the occurrence” insert “of”, and
(d) for “consequence of” substitute “connection with”.
10 
In article 84 (dissolution of Parliament: minimum period) for “28 days” substitute “20 days”.
11 
In article 91 (effect of demise of the Crown) after “section 2(5)” insert “, or requiring the poll at the election to be held on a different day as mentioned in section 2(5E),”.
12 
In paragraph 1 (supply of free copy of full register for electoral purposes) of schedule 1 (supply of electoral registers) in sub-paragraph (2)(a)—
(a) in sub-head (i) for “the date of the dissolution of the Parliament as provided for at section 2(3)(a) of the 1998 Act” substitute “the date which is 27 days before the date of the poll, computed in accordance with rule 2 of the Scottish Parliamentary Election Rules (computation of time)”,
(b) in sub-head (ii) after both appearances of “section 2(5)” insert “or (5E),”.
13 
In Part 1 (provisions as to time) of schedule 2 (Scottish parliamentary election rules)—
(a) in rule 1A (application of timetable where proceedings at a Scottish parliamentary election are postponed)—
(i) in sub-paragraph (1)(b) after “section 2(5)” insert “or (5E),”,
(ii) in sub-paragraph (3)(b) after “section 2(5)” insert “or (5E),”,
(iii) in sub-paragraph (6)(b) after “section 2(5)” insert “or (5E),”,
(b) in rule 1B after “section 2(5)” insert “or (5E),”.
14 
In rule 38 (equipment of polling stations) of schedule 2 (Scottish parliamentary election rules)—
(a) for sub-paragraph (4)(b) substitute—“
(b) such equipment as it is reasonable to provide for the purposes of enabling, or making it easier for, relevant persons to vote independently in the manner directed by rule 46 (including in relation to voting secretly).”,
(b) after sub-paragraph (4) insert—“
(4A) For the purposes of sub-paragraph (4)(b) “relevant persons” means persons who find it difficult or impossible to vote in the manner directed by rule 46 because of—
(a) blindness or partial sight, or
(b) another disability.
(4B) The Electoral Commission must give guidance to CROs in relation to the duty imposed by sub-paragraph (4)(b).
(4C) Before giving guidance under sub-paragraph (4B), the Commission must consult such persons, including bodies representing the interests of relevant persons, as they consider appropriate.
(4D) In performing the duty imposed by sub-paragraph (4)(b), a CRO must have regard to guidance given under sub-paragraph (4B).”,
(c) omit sub-paragraphs (5) to (10).
15 
In schedule 3 (absent voting)—
(a) after paragraph 7(7B) (additional requirements for applications for a proxy vote in respect of a particular election) insert—“
(7C) Sub-paragraph (7D) applies where such an application (or an application under article 10(7) made by virtue of that application) is made after 5 pm on the sixth day before the date of the poll at the election for which it is made and on the grounds that the applicant cannot reasonably be expected to vote in person at the applicant’s allotted polling station because—
(a) the applicant is acting as a companion to another person, whilst that person is receiving medical care or treatment, and
(b) the medical care or treatment will take place, or is likely to take place, on the date of the poll for the election for which the application was made.
(7D) An application to which sub-paragraph (7C) applies must be attested and signed by a person who—
(a) is aged 16 years or over,
(b) knows the applicant, and
(c) is not related to the applicant.
(7E) The person (“P”) attesting an application under sub-paragraph (7D) must—
(a) certify that the information required by sub-paragraph (1) is true to the best of P’s knowledge and belief,
(b) state—
(i) P’s name and address,
(ii) that P is aged 16 years or over,
(iii) that P knows, but is not related, to the applicant,
(iv) the reasons why the applicant was unable to make the application before 5 pm on the sixth day before the date of the poll at the election for which it is made.”,
(b) for paragraph 7A (emergency change of proxy: coronavirus) substitute—“
7A 

(1) This paragraph applies where—
(a) a proxy is appointed to vote for a person (“the elector”) at a forthcoming Scottish parliamentary election (whether or not the proxy is appointed only for that particular election),
(b) the proxy is not entitled to vote by post at that election, and
(c) the circumstances of the proxy on the date of the poll will, or are likely to, be such that they cannot be reasonably expected to vote in person at the polling station allotted or likely to be allotted to the elector.
(2) Where this paragraph applies, the elector may apply to the ERO for an alternative person to be appointed as their proxy under article 10(6) (appointment of a proxy for an indefinite period or for a period specified in the application) or article 10(7) (appointment of a proxy for the particular election).
(3) An application to which sub-paragraph (2) applies must state the reasons why the circumstances of the proxy on the date of the poll will, or are likely to, be such that they cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to the elector.”,
(c) in paragraph 9(4) (closing dates for applications)—
(i) in head (c), for “and the applicant became detained in a penal institution after 5 pm on the sixth day before the date of the poll at the election for which it is made” substitute “relating to the applicant’s detention in a penal institution”,
(ii) at the end of head (d), omit “or”,
(iii) insert “or” at the end of head (e),
(iv) after head (e), insert—“
(f) on the grounds set out in paragraph 7(7C) and the applicant became aware of those grounds after 5 pm on the sixth day before the date of the poll at the election for which it is made,”.
16 

(1) In schedule 4 (issue and receipt of postal ballot papers)—
(a) in paragraph 13(3) (spoilt ballot paper) for “10 pm” substitute “5 pm”,
(b) in paragraph 14(6) (lost postal ballot paper) for “10 pm” substitute “5 pm”. 
(2) In the Appendix (Appendix of Forms)—
(a) in Form K (postal voting statement), in the third bullet in the box entitled “Getting Help” for “10 pm” where it first appears substitute “5 pm”,
(b) in Form L2 (Official poll card (to be sent to an elector voting by post)) on the back of card in the second bullet point following the words “if you lose your postal vote or make a mistake” for “10 pm” substitute “5 pm”,
(c) in Form M2 (Official poll card (to be sent to a proxy voting by post)) on the back of card in the second bullet point following the words “if you lose your postal vote or make a mistake” for “10 pm” substitute “5 pm”,
(d) Form T (postal voting statement), in the third bullet in the box entitled “Getting Help” for “10 pm” where it first appears substitute “5 pm”, and
(e) in Form U (postal voting statement), in the third bullet in the box entitled “Getting Help” for “10 pm” where it first appears substitute “5 pm”.
GRAEME DEY
Authorised to sign by the Scottish Ministers
St Andrew's House
Edinburgh
30th October 2025