Scottish Ministers have made the Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2025 (S.S.I. 2025/313). The instrument was made on 30 October 2025, comes into force on 31 October 2025, and will only affect elections where the polling date falls after 6 May 2026. The Order updates spending rules, clarifies when benefits in kind count as notional expenditure, modernises the offence of undue influence, shortens the minimum dissolution period, strengthens duties on accessibility at polling stations, expands emergency proxy arrangements and moves the deadline for replacing lost or spoilt postal votes to 5 pm on polling day.
The powers relied upon are sections 12(1) and 113 of the Scotland Act 1998. In line with section 7 of the Political Parties, Elections and Referendums Act 2000 (PPERA), Ministers consulted the Electoral Commission. The instrument proceeded by affirmative procedure and was approved by the Scottish Parliament under section 115 and schedule 7 of the 1998 Act. Most provisions amend the Scottish Parliament (Elections etc.) Order 2015.
Registration rules are widened for care‑experienced young people. Section 7B(2A)(a) of the Representation of the People Act 1983 is amended so that a declaration of local connection can be used up to (but not including) age 21 for those looked after by a local authority, or formerly looked after. This is designed to support those without a settled residential address to register to vote.
The Electoral Commission’s compliance remit is expressly extended. Section 145 of PPERA is amended so that, for Scottish Parliament elections and by‑elections, the Commission must monitor compliance with restrictions and requirements contained in Acts of the Scottish Parliament and subordinate legislation made under them. Candidates and agents should expect guidance and oversight to encompass Scotland‑specific spending and donation rules.
Authorised third‑party spending is clarified. Article 38 of the 2015 Order is amended so that expenses incurred under article 41 by an authorised person need not be paid through the candidate’s election agent. Where proper authorisation exists, a third party may both incur and pay such expenses, with the spend still counting towards the candidate’s limit and subject to reporting.
Spending limits adjust if polls are postponed. Article 42 now provides that where the poll is postponed by a further proclamation under section 2(5E) of the Scotland Act 1998, the candidate limit increases by one half of the base amount set in article 42(2). If a poll is countermanded or abandoned due to a candidate’s death, the limit increases by an amount equal to the base amount for each such event. Where more than one circumstance applies, increases are cumulative. The treatment of security costs is aligned with practice: expenses reasonably attributable to protecting persons or property are disregarded. Article 43 on pre‑candidacy spending is updated to reflect postponements under section 2(5E). A consequential update replaces the reference to the 2020 constituencies and regions order with the 2025 Order implementing Boundaries Scotland’s second review.
Notional expenditure is narrowed to directed activity. Article 60 now states that property, goods, services or facilities provided free or at a discount count as a candidate’s expense only where their use on behalf of the candidate is directed, authorised or encouraged by the candidate or the election agent. Support offered independently, without such direction or authorisation, will not be attributed to the candidate’s return.
The offence of undue influence is redrafted to reflect modern risks. Under the new article 77, a person commits undue influence-a corrupt practice under section 168 of the 1983 Act-by using or threatening violence, damaging or threatening damage to property or reputation, causing financial loss, exerting spiritual injury or undue spiritual pressure, doing any act designed to intimidate, or deceiving a person about the administration of an election, for the purpose of affecting their vote or impeding the free exercise of the franchise. Liability can arise from personal conduct, joint action, or actions by others with the person’s authority or consent. Omissions can also constitute an act for these purposes.
The timing of candidate status is tightened and dissolution shortened. Article 80(1) is amended so that a person already declared a candidate becomes a “candidate” for Part 3 of the 2015 Order 27 days before the poll, calculated under rule 2 of the Scottish Parliamentary Election Rules. Article 84 reduces the minimum dissolution period for an ordinary general election from 28 to 20 days, compressing the pre‑poll parliamentary period while maintaining the statutory timetable.
Continuity under constitutional change is ensured. Article 91 confirms that a proclamation under section 2(5E) setting a different polling day remains valid despite the demise of the Crown. Schedule 2 changes require returning officers to republish timetables where a postponement occurs under section 2(5E) and permit reuse of printed materials where appropriate.
Accessibility duties at polling stations move to an outcome‑based standard. Rule 38 now requires constituency returning officers (CROs) to provide reasonable equipment enabling, or making it easier for, disabled voters-including blind and partially sighted voters-to vote independently and in secret in accordance with rule 46. The Electoral Commission must issue guidance, having consulted relevant persons and representative bodies, and CROs must have regard to that guidance when procuring and deploying equipment.
Absent voting is expanded to reflect real‑world circumstances. A new late emergency proxy route is available where, after 5 pm on the sixth day before the poll, an elector becomes aware they will accompany another person receiving medical care or treatment on polling day and therefore cannot reasonably vote in person. Applications must be attested by someone aged 16 or over who knows, but is not related to, the applicant, and must explain why an earlier application was not possible. The time‑limited pandemic provision is replaced by a standing rule: where a proxy will be unable to vote in person at the elector’s allotted station and does not have a postal vote, the elector may appoint an alternative proxy. The deadline for such applications is 5 pm on polling day. The prison‑related emergency proxy deadline is aligned so eligible prisoners can apply until 5 pm on polling day, regardless of when detention began.
Postal vote contingencies are brought forward to 5 pm. Schedule 4 changes the deadline for replacing lost or spoilt postal ballot packs from 10 pm to 5 pm on polling day. Statutory forms-including the postal voting statement and poll cards for postal voters and postal proxies-are updated to reflect the new deadline, requiring adjustments to voter communications and contact centre scripts.
While in force from 31 October 2025, the Order only applies to polls after 6 May 2026. Returning officers and electoral registration officers should update statutory timetables, guidance and training materials, and prepare for Electoral Commission guidance on accessibility. Campaigns should refresh authorisation templates, record‑keeping for third‑party spend, contingency budgets for postponements and procedures for the new 5 pm deadlines.