Scottish Ministers have made the Absent Voting (Miscellaneous Amendment) (Scotland) Regulations 2026 (S.S.I. 2026/122), signed on 3 March 2026. Most operational changes take effect on 3 November 2026, with transitional and preparatory provisions in force from 4 March 2026. The instrument enables online absent voting applications for local government elections, extends the UK digital service to Scottish Parliament absent voting, and sets verification, notification and data‑handling rules drawn from primary legislation.
The Regulations are made under sections 53 and 201 of the Representation of the People Act 1983, sections 12B and 113 of the Scotland Act 1998, and sections 22, 33 and 61 of the Local Electoral Administration and Registration Services (Scotland) Act 2006. They were approved by resolution of the Scottish Parliament following consultation with the Electoral Commission, with agreement from a Minister of the Crown as required. Reference: S.S.I. 2026/122.
Commencement is staged. Regulations 2 to 22 begin on 3 November 2026. Regulations 23 to 33, which contain transitional arrangements and preparatory duties, are in force from 4 March 2026. The instrument defines 3 November 2026 as the “relevant day”, which is the switch‑over point for the new online routes and for record‑alignment rules across devolved and reserved absent voting. Reference: S.S.I. 2026/122, reg. 1.
From 3 November 2026, electors may apply online for postal or proxy voting at Scottish local government elections. Applications made through the UK digital service must include a national insurance number or an explanation if it cannot be provided, a compliant photograph or scan of the signature where required, and the most recent previous name if applicable. The Secretary of State may complete parts of an application using information submitted for electoral registration under sections 10ZC or 10ZD of the 1983 Act, and each submission is sent to the registration officer with a unique reference. Reference: S.S.I. 2026/122, regs. 7–8.
The same online channel is enabled for Scottish Parliament absent voting. Amendments to the Scottish Parliament (Elections etc.) Order 2015 permit applications via the UK digital service using equivalent identity and signature rules. Where a national insurance number is supplied to the service, it may be withheld from the registration officer with an indicator confirming it was provided. Reference: S.S.I. 2026/122, regs. 16–22.
Identity verification is put on a statutory footing for both online and paper applications. Applicant details provided to registration officers may be disclosed by the Secretary of State for Housing, Communities and Local Government to the Department for Work and Pensions for matching against social security and child benefit records, with results returned to inform the officer’s decision. Officers must retain case materials while an application is live and delete the national insurance number no later than 13 months after determination unless required for legal proceedings. References: S.S.I. 2026/122, regs. 11A and 11C; Schedule 3 para 9A to the 2015 Order as inserted.
Where initial checks are inconclusive, registration officers may request further documentary evidence. Primary options include a passport, EEA identity card, photocard driving licence or a UK biometric immigration document. If these are unavailable, alternative documents may be combined, and, as a last resort, a written attestation from a person of good standing who meets prescribed conditions can be accepted. Tailored routes exist for service voters and certain Crown‑related applicants. Copies and attestations may be transmitted electronically. Reference: S.S.I. 2026/122, reg. 11B.
Deadline management is updated for online submissions. If a proxy application was submitted via the UK digital service before 5 pm on the sixth day before polling but reached the registration officer after that deadline due to a technical defect in the service, a replacement proxy application may be accepted until 5 pm on polling day. Equivalent provisions apply for particular‑election proxy appointments. References: S.S.I. 2026/122, regs. 10–11 and 19–21.
The three‑year maximum period for granting postal votes at Scottish local elections, provided for by the Absent Voting (Elections in Scotland and Wales) Act 2025, is now implemented operationally. Registration officers must state the poll date when granting a single‑election postal vote or, for longer grants, the date on which the entitlement will end. Where ballot papers are to be sent to a different address, additional notifications are required. The routine five‑year fresh‑signature cycle is disapplied so long as the elector or proxy remains entitled to vote by post at a local government election, with a separate end‑of‑term notice before the three‑year period closes. References: S.S.I. 2026/122, regs. 12, 14 and 15.
Before the switch, case handling is regularised. Any local‑government absent voting application made before but not determined by 3 November 2026 is treated as not having been made, and registration officers must contact the applicant after that date with instructions on how to reapply under the new system. Reference: S.S.I. 2026/122, reg. 24.
Existing indefinite or long‑running local‑government postal votes and postal‑by‑proxy votes are given clear end‑dates. Where such an entitlement exists immediately before 3 November 2026, it will end on the third 31 January after that date-31 January 2029-unless it ends sooner on a signature refresh date, or later if a linked UK parliamentary postal vote extends beyond that point. Officers must update records and send advance expiry notices. Reference: S.S.I. 2026/122, reg. 25.
To maintain consistency across devolved (Scottish local and Scottish Parliament) and reserved (UK parliamentary) absent voting records, devolved entitlements cease on 3 November 2026 where a mismatch exists with the corresponding reserved record. Scenarios include differing postal ballot addresses, non‑matching signatures, a signature waiver applied to only one entitlement, differing proxy names or addresses, or a devolved postal vote alongside a reserved proxy vote (and vice‑versa). In several cases, the signature held for the reserved entitlement is applied across as the single signature of record. Notifications to electors and proxies and updates to statutory lists are required. References: S.S.I. 2026/122, regs. 26–33.
Administrators should begin preparations now. From 4 March 2026, electoral registration officers are expected to establish the specified data‑sharing channels, review records for cross‑system inconsistencies, prepare statutory notices, and update privacy and retention policies to reflect the 13‑month national insurance number deletion requirement. Training and public‑facing guidance on identity evidence, attestations and online submissions should be readied for go‑live on 3 November 2026. Reference: S.S.I. 2026/122.
Voter‑facing communication will need to explain that national insurance numbers will normally be required for online absent voting, that digital copies of signatures are acceptable, and that longstanding postal votes now carry clear end dates. Electors with both Scottish and UK absent vote arrangements should expect harmonisation and, in some cases, a requirement to reapply to keep both in place after 3 November 2026. References: S.S.I. 2026/122 and the Absent Voting (Elections in Scotland and Wales) Act 2025.