Representation of the People Act 1983 Remedial (Scotland) Order 2025: equality impact assessment

Executive summary

The changes made in the Order impact on voters in Scottish Parliament and local government elections and on electoral administrators such as Electoral Registration Officers (EROs) and the regulator for the elections, the Electoral Commission. The policy changes impact on people, and the possibility of a differential impact on some protected characteristic groups is discussed in this impact assessment.

The assessment considered the impact that the changes made in the Order are expected to have on the protected characteristics of age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. No potential for a negative differential impact was found in relation to any protected characteristic group.

The extension of voting rights promotes democratic participation, helping to challenge inequalities in power and influence that exist in society. The Order helps achieve the aims of enfranchised persons being respected and included. Voting is a right afforded to those aged 16 or older which positively contributes to their membership of society and their ability to influence the politics of their area, or of Scotland. The ability to vote and perform a civic action available to other members of society furthers the aim of being respected.

There is currently an inequality between those detained under the relevant mental health orders addressed in this Order, and those on remand or sentenced to short prison terms, as these groups can vote currently. This Order addresses that inequality and furthers the aim of being included.