Scottish Ministers have made the Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2025 (SSI 2025/313). According to legislation.gov.uk, it was made on 30 October 2025 and came into force on 31 October 2025. The instrument updates the legal framework for the conduct of Scottish Parliament elections and the return of members.
The Order does not apply to any election with a poll date on or before 6 May 2026. Administrators and campaigners should plan on the basis that the revised rules will govern polls taking place after that date, including any by-elections falling later in 2026.
Registration changes extend the declaration-of-local-connection route in section 7B of the Representation of the People Act 1983. The previous “under 16” limit for looked-after children now becomes “under 21”, allowing young people who are, or have been, looked after by a local authority to register even where a settled residential address is not available.
Oversight is clarified in section 145 of the Political Parties, Elections and Referendums Act 2000. For Scottish Parliament general elections and by-elections, the Electoral Commission’s duty to monitor compliance with controls on expenses and donations now expressly includes enactments of the Scottish Parliament and instruments made under them. This aligns the Commission’s monitoring duty with devolved electoral law.
Authorised third-party expenses are addressed in article 38 of the 2015 Order. Where a person is properly authorised under article 41 to incur expenses promoting a candidate, they may also pay those expenses directly. Payments need not pass through the candidate’s election agent, although the underlying authorisation requirement remains unchanged.
Candidate spending limits are reworked in article 42 to manage poll disruption. Where the poll is postponed by a further proclamation under section 2(5E) of the Scotland Act 1998, introduced by the Scottish Elections (Representation and Reform) Act 2025, the maximum amount is increased by one-half of the base cap. Where a poll is countermanded or abandoned-for example, following a candidate’s death-the cap increases by an additional amount equal to the base cap for each such event. These uplifts apply cumulatively where multiple circumstances arise.
The approach to security costs within article 42 is refined so that only costs reasonably attributable to protecting people or property are treated in line with the revised wording. References in the spending rules are updated from the 2020 constituencies and regions order to the Scottish Parliament (Constituencies and Regions) Order 2025, which implements Boundaries Scotland’s second review.
Pre-candidacy spending provisions in article 43 are extended so they also apply where a poll date is changed by a proclamation made under section 2(5E) of the Scotland Act 1998. This keeps the pre-candidacy regime aligned with any revised timetable.
Notional expenditure is clarified in article 60. Property, goods, services or facilities provided free or at a discount will count as a candidate’s election expenses only where their use on the candidate’s behalf is directed, authorised or encouraged by the candidate or the election agent. The change sets a clear test for reporting benefits in kind.
The offence of undue influence is fully redrafted at article 77. It remains a corrupt practice to coerce or impede electors, with the statute now listing behaviours including violence or threats, damage to property or reputation, causing financial loss, spiritual injury or pressure, intimidation, and deception about election administration. The offence can be committed individually, jointly, or through authorised third parties, and includes omissions as well as acts.
The point at which a person becomes a “candidate” for the purposes of Part 3 moves to a fixed date: 27 days before the poll, calculated under rule 2 of the Scottish Parliamentary Election Rules. Separately, the minimum dissolution period for an ordinary general election is reduced from 28 days to 20 days. Article 91 is amended to ensure that a proclamation moving the poll under section 2(5E) remains valid despite the demise of the Crown.
Timetable and register-supply rules are adjusted in schedules 1 and 2. Electoral registration officers must provide returning officers with free copies of the full register from 27 days before polling day. Rule 1A and rule 1B are amended so that where a poll date changes by proclamation under section 2(5E), returning officers can adopt a new timetable and reuse printed materials where appropriate.
Polling station accessibility is reframed in rule 38. The previous requirement to provide a specified tactile voting device is replaced by a duty to provide reasonable equipment enabling, or making it easier for, blind and partially sighted voters and other disabled voters to vote independently and in secret. The Electoral Commission must consult relevant organisations and issue guidance, and constituency returning officers must have regard to that guidance.
Absent voting arrangements are updated. A late emergency proxy may be appointed where an elector will accompany another person receiving medical care or treatment on polling day and the ground arose after 5 pm on the sixth day before the poll; the application must be attested by an adult who knows the applicant and is not related. The time-limited coronavirus proxy provision is replaced with a standing power to appoint an alternative proxy where the original proxy cannot reasonably be expected to vote in person and does not have a postal vote. Eligible prisoners may apply for an emergency proxy until 5 pm on polling day.
Postal voting processes are aligned to a 5 pm deadline on polling day. Replacement of lost or spoilt postal ballot packs now closes at 5 pm, and the statutory forms are amended to reflect the new cut-off.
The Order is made under sections 12 and 113 of the Scotland Act 1998, following consultation with the Electoral Commission under section 7 of the Political Parties, Elections and Referendums Act 2000 and approval by resolution of the Scottish Parliament. The Explanatory Note on legislation.gov.uk sets out the scope, commencement and application provisions.
For practitioners, immediate tasks include updating candidate and agent guidance, revising authorisation and record-keeping for notional and third-party expenses, refreshing polling station specifications to meet the new accessibility duty, and retraining teams on the redrafted undue influence offence. Voter communications should highlight the 5 pm deadlines for postal replacements and emergency proxies, and administrative timetables should be recalibrated to the 27-day and 20-day milestones.