
1 

(1) This Order may be cited as the Representation of the People Act 1983 Remedial (Scotland) Order 2025 and comes into force on 19 November 2025.
(2) Articles 3 to 7 and the schedule make temporary modifications in relation to elections.
(3) The modifications made by articles 3 to 7 and the schedule do not have effect in relation to a local government election held in accordance with section 37 (filling of casual vacancies) of the Local Government (Scotland) Act 1973 if the day on which the poll is to be held at the election is before 7 May 2026.
2 

(1) Articles 3 to 7 and the schedule expire on 28 February 2030.
(2) This article does not affect the validity of anything done pursuant to articles 3 to 7 or the schedule of this Order before they expire.
3 
The Representation of the People Act 1983 has effect as if in section 3A (disfranchisement of offenders detained in mental hospitals) after subsection (3) there were inserted—“
(3A) But a person is not legally incapable of voting at a local government election in Scotland by virtue of subsection (1) during the time that—
(a) the person is detained if the detention is in pursuance of—
(i) an order made under section 53 of the Criminal Procedure (Scotland) Act 1995 and the person is not liable to be sentenced, in respect of the offence for which the person has been convicted, to imprisonment for a term exceeding 12 months,
(ii) an order made under section 54 of that Act,
(iii) an order made under section 57(2)(a) of that Act and the person—(A) would not have been liable to be sentenced, if the person had been convicted of the offence in respect of which the person was charged, to imprisonment for a term exceeding 12 months, and(B) is not subject to a further order made under section 57(2)(b) of that Act,
(iv) an order made under section 57A(2) of that Act and the person—(A) is not liable to be sentenced, in respect of the offence for which the person has been convicted, to imprisonment for a term exceeding 12 months, and(B) is not subject to a further order made under section 59 of that Act,
(v) a direction made under section 59A of that Act and the sentence imposed on the person does not include a term of imprisonment exceeding 12 months,
(vi) a direction made under section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 and the person is not serving a sentence which includes a term of imprisonment exceeding 12 months,
(b) the person’s personal welfare is placed under the guardianship of a local authority (or of such other person approved by a local authority) in pursuance of an order made under section 58 of the Criminal Procedure (Scotland) Act 1995.
(3B) For the purposes of subsection (3A)(a)(i), (iii) and (iv), a person who has been—
(a) convicted of more of more than one offence, or (as the case may be),
(b) charged with more than one offence,
is to be treated as if they are or (as the case may be) would have been liable to be sentenced to imprisonment for a term equal to the aggregate length of the maximum terms of imprisonment for each of the offences and sentenced consecutively on each other.
(3C) In calculating the term of imprisonment for the purpose of subsection (3A)(a)(v) and (vi), sentences that are consecutive or concurrent to any extent are to be treated as a single term if the sentences were imposed on that person—
(a) on the same occasion, or
(b) on different occasions but the person was not released (other than on temporary release) at any time during the period beginning with the first occasion and ending with the last.”.
4 
The Representation of the People Act 1983 has effect as if after section 7AA (residence: convicted person to whom section 3(1A) applies) there were inserted— “
7AB 

(1) This section applies to a detained person to whom section 3A(3A)(a) applies.
(2) In determining whether the detained person is resident in a dwelling on the relevant date for the purpose of section 4(3)(a), the detained person's residence is not to be taken to have been interrupted by reason of the person's detention if—
(a) the detained person—
(i) intends to resume actual residence when released from the place they are detained (other than on temporary release), and
(ii) will not be prevented from doing so by an order of any court, or
(b) the dwelling serves as a permanent place of residence (whether for the detained person alone or with other persons) and the detained person would be in actual residence there but for their detention.
(3) In this section and section 7B “detained person” means a person detained at any place in pursuance of an order or direction mentioned in section 3A(3A)(a).”.
5 
Section 7B (notional residence: declarations of local connection) of the Representation of the People Act 1983 has effect as if—
(a) in subsection (2D), for paragraphs (a) and (b) there were substituted—“
(a) is either—
(i) a convicted person to whom section 3(1A) applies, or
(ii) a detained person to whom section 3A(3A)(a) applies, and
(b) would not be entitled to be registered by virtue of residence at any place other than—
(i) the penal institution in which the convicted person is detained, or (as the case may be)
(ii) the place in which the detained person is detained.”,
(b) in subsection (4)(d)—
(i) in the opening words, the word “convicted” were omitted,
(ii) in sub-paragraph (i), the word “convicted” were omitted,
(iii) in sub-paragraph (ii)—(aa) the word “convicted” were omitted,(bb) after “penal institution” there were inserted “or other place the person is so detained”,
(iv) in sub-paragraph (iii)—(aa) the word “convicted”, in each place it occurs, were omitted,(bb) after “penal institution” there were inserted “or other place”.
6 
Schedule 4 (absent voting in Great Britain) of the Representation of the People Act 2000 has effect as if—
(a) in paragraph 2 (manner of voting at parliamentary or local government elections), for sub-paragraph (6ZA) there were substituted—“
(6ZA) In relation to a local government election in Scotland, nothing in the preceding provisions of this paragraph applies to a person to whom—
(a) section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies, or
(b) section 3A(3A)(a) of the 1983 Act (exception to disenfranchisement for persons detained in hospitals etc.) applies,
and such a person may only vote by post or by proxy (where the person is entitled as an elector to vote by post or, as the case may be, by proxy at the election).”,
(b) in paragraph 3(3) (absent vote at elections for definite or indefinite period), for sub-sub-paragraph (e) there were substituted—“
(e ) in the case of local government elections in Scotland, if the person is a person to whom—
(i) section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies, or
(ii) section 3A(3A) of the 1983 Act (exception to disenfranchisement for persons detained in hospitals etc.) applies.”,
(c) in paragraph 6 (proxies at elections), for sub-paragraph (5B) there were substituted—“
(5B) A person is not capable of voting as proxy at a local government election in Scotland if on the date of the election the person is a person to whom—
(a) section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies, or
(b) section 3A(3A)(a) of the 1983 Act (exception to disenfranchisement for persons detained in hospitals etc.) applies.”.
7 
The schedule contains temporary modifications of enactments in consequence of this Order.
8 

(1) A person who is registered in the register of local government electors by virtue of section 3A(3A) of the 1983 Act is entitled to remain so registered until that article 3 expires in accordance with article 2.
(2) Where the entitlement of such a person to remain so registered terminates by virtue of paragraph (1), the registration officer concerned must remove the person’s entry from the register, unless the person is entitled to remain registered otherwise than by virtue of this Order.
GRAEME DEY
Authorised to sign by the Scottish Ministers
St Andrew's House
Edinburgh
At 8.41 a.m. on 18th November 2025
Schedule
Article 7
1 
The Representation of the People (Scotland) Regulations 2001 have effect as if modified as follows—
(a) in regulation 26G(4) (overseas electors: power to require additional evidence as to declaration of local connection), for sub-paragraph (e) there were substituted—“
(e) where section 7B(2D) of the 1983 Act applied to the applicant, that—
(i) the applicant was either—(aa) a convicted person to whom section 3(1A) of the 1983 Act applied, or(bb) a detained person to whom section 3A(3A)(a) of the 1983 Act applied, and
(ii) the applicant would not have been entitled to be registered by virtue of residence at any place other than—(aa) the penal institution in which the applicant was detained, or(bb) the place in which the detained person was detained.”,
(b) in regulation 26G(5)(a) after “3A” there were inserted “, 3A(3A)(a)”,
(c) in regulation 32ZD (steps to be taken by a registration officer to encourage a person to make an application for registration in response to an invitation to do so), for paragraph (7) there were substituted— “
(7) Paragraph (3) does not apply if, on the date that the registration officer gave an invitation to apply for registration under section 9E(1) of the 1983 Act, the person is a person to whom—
(a) section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies, or
(b) section 3A(3A)(a) of the 1983 Act (exception to disenfranchisement for persons detained in hospitals etc.) applies.”,
(d) in regulation 42(2) (marking of names), after “section 3(1A)” there were inserted “or 3A(3A)”.
2 

(1) The Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007 have effect as if modified as follows.
(2) Regulation 9A (additional requirements for applications for a proxy vote for a particular or indefinite period based on detention in a penal institution) has effect as if—
(a) in the opening words, for “sentenced to term not exceeding 12 months” there were substituted “and detained persons”,
(b) in paragraph (a), after “penal institution” there were inserted “or other place”,
(c) in paragraph (b) after “penal institution” there were inserted “or other place”,
(d) for the heading there were substituted “Additional requirements for applications for a proxy vote for a particular or indefinite period based on detention in a penal institution or other place”.
(3) Regulation 10(5E) (additional requirements for applications for a proxy vote in respect of a particular election) has effect as if, after “penal institution”, in both places where it occurs, there were inserted “or other place”.
(4) Regulation 11(4) (closing date for applications) has effect as if after sub-paragraph (c) there were inserted—“
(d) by a person to whom section 3A(3A) of the 1983 Act (exception to disenfranchisement of persons detained in hospitals etc.) applies,”.
3 

(1) The Scottish Parliament (Elections etc.) Order 2015 has effect as if modified as follows.
(2) Article 7(6) (manner of voting at Scottish parliamentary elections) has effect as if for sub-paragraph (c) there were substituted—“
(c) a person (“S”) to whom—
(i) section 3(1A) of that Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies, or
(ii) section 3A(3A)(a) of that Act (exception to disenfranchisement for persons detained in hospitals etc.) applies,
and S may only vote by post or by proxy (where S is entitled as an elector to vote by post or, as the case may be, by proxy at the election).”.
(3) Article 8(3) (absent vote at Scottish parliamentary elections for an indefinite or a particular period) has effect as if for sub-paragraph (f) there were substituted—“
(f) is a person to whom—
(i) section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies, or
(ii) section 3A(3A) of the 1983 Act (exception to disenfranchisement for persons detained in hospitals etc.) applies.”.
(4) Article 10 (proxies at Scottish parliamentary elections) has effect as if for paragraph (4A) there were substituted—“
(4A) A person is not capable of voting as proxy at a Scottish parliamentary election if on the date of the election the person is a person to whom—
(a) section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies, or
(b) section 3A(3A)(a) of the 1983 Act (exception to disenfranchisement for persons detained in hospitals etc.) applies.”.
(5) Schedule 2 (Scottish parliamentary election rules) has effect as if in paragraph 37, for sub-paragraph (2A) there were substituted—“
(2A) Paragraph (2) does not apply to an elector to whom—
(a) section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies, or
(b) section 3A(3A)(a) of the 1983 Act (exception to disenfranchisement for persons detained in hospitals etc.) applies,
and the CRO may send such an elector’s official poll card to the place where the elector is detained in legal custody.”.
(6) Schedule 3 (absent voting) has effect as if—
(a)  in paragraph 1(4), for head (e) there were substituted—“
(e) in the case of a person to whom—
(i) section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies, or
(ii) section 3A(3A)(a) of the 1983 Act (exception to disenfranchisement for persons detained in hospitals etc.) applies,
the address shown on the declaration of local connection in accordance with section 7B(3)(d) of that Act.”,
(b) in paragraph 6A—
(i) in the opening words, for “offender sentenced to term not exceeding 12 months” there were substituted “offenders or detained persons”,
(ii) in sub-paragraph (a), after “penal institution” there were inserted “or other place”,
(iii) in sub-paragraph (b), after “penal institution” there were inserted “or other place”,
(iv) for the heading there were substituted “Additional requirements for applications for a proxy vote for a particular or indefinite period based on detention in a penal institution or other place”,
(c) in paragraph 7—
(i) in sub-paragraph (7A), in head (a), after “penal institution” there were inserted “or other place”,
(ii) in sub-paragraph (7B)—(aa) in head (a), after “penal institution” there were inserted “or other place”,(bb) in head (b), after “penal institution” there were inserted “or other place”,
(d) in paragraph 9(4), in head (c), after “penal institution” there were inserted “or other place”.