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

Background

On 7 May 2026 a general election to the Scottish Parliament will be held. The Parliament is a legislature to which Article 3 of Protocol 1 (“A3P1”) of the ECHR applies. The Scottish Government and Scottish Parliament require to ensure that the franchise for elections to the Scottish Parliament are compatible with A3P1, and the ECHR, as interpreted by the European Court of Human Rights (“ECtHR”). Furthermore, Article 14 ensures the rights enshrined by the ECHR must be enjoyed free from unjustified discrimination. This requires that they address the “blanket ban” on voting in Scottish Parliament elections by forensic mental health patients who are detained in hospital under section 3A(3) of the Representation of the People Act 1983 (“the 1983 Act”).

Legislative change is required to deal with the incompatibility of the franchise. This remedial order under the Convention Rights (Compliance) (Scotland) Act 2001 seeks to allow certain people detained on mental health grounds connected to criminal justice to vote in the May 2026 parliamentary election.

A separate statement of reasons has been prepared. This discusses the background to the Order.

The Order makes temporary modifications to the law relating to Scottish Parliamentary elections and local government elections in Scotland to remove an incompatibility with the ECHR arising from a ban which prevents persons detained in hospital under specified orders and directions relating to criminal justice from voting.

The temporary change to the law in the Order will enable some people who are detained under these orders and directions to vote provided any conditions specified in the Order are met.

The changes will apply to all Scottish Parliament and local government elections which take place on or after 7 May 2026.