Scottish Ministers have made the Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2025, updating the 2015 conduct rules and related primary legislation. The Order was made on 30 October 2025 and commenced on 31 October. It will apply to polls scheduled after 6 May 2026, meaning the May 2026 elections are the first in scope.
The Scottish Government confirms the instrument’s purpose is to modernise offences, clarify campaign finance rules, and streamline timetables and accessibility requirements for the administration of Holyrood elections. Officials emphasise that the changes are targeted at practical delivery rather than wholesale reform.
Registration rules are widened for care-experienced young people. The Representation of the People Act 1983 is amended so that ‘looked after’ or formerly looked-after people can register by declaration of local connection up to, but not including, age 21. Ministers say this removes an administrative barrier for a small cohort who move addresses frequently.
The Electoral Commission’s monitoring duty is extended for Scottish Parliament contests. Section 145 of PPERA will now cover restrictions or requirements set by Acts of the Scottish Parliament and Scottish secondary legislation, aligning oversight of candidate expenses and donations with devolved rulemaking.
Notional expenditure is clarified. Benefits in kind only count as a candidate expense where their use on the candidate’s behalf is directed, authorised or encouraged by the candidate or election agent. This aims to remove ambiguity over third-party support provided at a discount or free of charge.
The undue influence offence is redrawn in modern terms. It explicitly covers threats or use of violence, damage to property or reputation, financial loss, spiritual injury or pressure, intimidation, and acts designed to deceive voters about election administration. Liability also extends to acts carried out with a person’s authority or consent.
Candidate spending limits are adjusted for postponed polls. Where a poll date is moved by proclamation under section 2(5E) of the Scotland Act 1998, the candidate cap increases by half of the base amount; if countermanded because of a candidate’s death, it increases by a further full base amount. Increases apply cumulatively if more than one postponement occurs. The new postponement power was created by the Scottish Elections (Representation and Reform) Act 2025.
Security-related costs are expressly treated as permissible where reasonably attributable to the protection of people or property. A reference to the constituencies and regions order is updated to the 2025 instrument implementing Boundaries Scotland’s second review, aligning expense calculations with new boundaries.
Timetable provisions are tightened. A person who has already declared will be treated as a candidate for campaign regulation purposes from 27 days before polling day (computed under the Election Rules). Separately, the minimum dissolution period before an ordinary general election is reduced from 28 to 20 days. A proclamation moving the poll continues to have effect despite a demise of the Crown.
Polling station accessibility is reframed. Instead of prescribing a single tactile device, returning officers must provide whatever equipment it is reasonable to provide to enable, or make it easier for, disabled voters-including blind and partially sighted voters-to vote independently and in secret. The Electoral Commission must issue guidance, after consulting relevant stakeholders, and returning officers must have regard to it.
Absent voting rules are updated. Electors may seek an emergency proxy after 5pm on the sixth working day before the poll if they will be accompanying someone to medical care or treatment on polling day; applications must be attested by an adult who knows the applicant and is not related. A time‑limited Covid provision is replaced with a standing power to appoint an alternative proxy where the nominated proxy cannot reasonably vote in person and does not have a postal vote, with a 5pm polling day deadline. Eligible prisoners may apply for an emergency proxy up to 5pm on polling day.
Postal voting administration is also tightened. The deadline for replacing lost or spoilt postal ballot packs moves from 10pm to 5pm on polling day, with statutory forms updated accordingly. Election teams should adjust voter communications and staffing plans to reflect the earlier cut‑off.
For administrators, the practical tasks now include updating election timetables, procurement and provision of accessibility equipment in line with forthcoming Commission guidance, revising absent vote workflows around the new 5pm cut‑offs, and ensuring candidate and agent briefings reflect the clarified notional spend test and the modernised undue influence offence. Parties and campaigners should review authorisation processes for third‑party support and refresh spending controls for any scenario where polls are postponed.