Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2025: equality impact assessment

Background

The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2025 will make a number of changes to existing electoral legislation ahead of the May 2026 Scottish Parliament elections. The Order will update a number of rules relating to the conduct of Scottish Parliament elections:

• It increases the age that looked after or formerly looked after people can register to vote using a declaration of local connection from 15 years old and under to 20 years old and under.
• It clarifies the scope of Electoral Commission oversight of candidates for Scottish Parliament elections. It updates the definition of notional expenditure for candidates at Scottish Parliament elections, and the definition of undue influence for Scottish Parliament and local government elections.
• It reduces the dissolution period of the Scottish Parliament before a general election from 28 days to 20 days and makes a number of consequential amendments to provisions linked to the dissolution date.
• It updates the requirement for Returning Officers to provide equipment to assist electors to cast their votes.
• It updates rules relating to proxy voting relating to some prisoners, those accompanying persons having medical treatment, and replacement of proxies where a nominated proxy is unable to vote.

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

Some of the changes made in the Order impact on people:

The change allowing looked after or formerly looked after people to register to vote by making a declaration of local connection will have a positive impact on care-experienced young people. While this impact will be differential based on age (only available to those aged under 21), the cohort of affected people will be small.

The provision updating the definition of undue influence is expected to benefit all voters by making enforcement of conduct interfering with the free exercise of voting easier. This is not expected to have differential impact relating to protected characteristics.

The provision which amends the requirement for Returning Officers (ROs) to provide appropriate equipment in polling stations to assist voting is expected to have a positive differential impact on voters with disabilities. The change is intended to give increased flexibility as to what equipment is provided, and to increase the number of disabled voters who can vote independently and in secret. This benefit is an indirect result of the change made in the Order, which requires Returning Officers to provide equipment that is in line with statutory guidance which will be provided by the Electoral Commission.

The provisions on proxy voting have an impact on people. One change allows those accompanying someone to a medical appointment to be eligible for an emergency proxy vote. This will have a positive impact for those who require it, which is expected to primarily affect carers, but will encompass others who accompany people to medical appointments or procedures. This is not expected to have a differential impact on any protected characteristic group.

Another change to proxy voting allows for the replacement of a nominated proxy voter if that person is unable to vote in person at the polling station. This adds flexibility for all proxy voters, and is not expected to have a differential impact on any protected characteristic group.

The Order will amend the deadline for emergency proxy vote applications for those detained in prison, allowing them to apply irrespective of when they were originally detained. This will be available to all prisoners eligible to vote, and is not expected to have a differential impact on any protected characteristic group.

The Order changes the deadline for the issuing of replacement postal ballot packs, from 10pm to 5pm on the day of the poll. This will have a very limited impact on people, as the time frame for receiving a replacement pack will be smaller, however evidence from electoral administrators shows that very few or no voters in each local authority made use of the longer deadline in elections held in 2021 or 2022. This is not expected to have a differential impact on any protected characteristic group.