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

Key Findings

Age

Allowing ‘looked after’ or formerly ‘looked after’ children to register to vote by declaration of local connection:

In 2023 a stakeholder roundtable on electoral reform was hosted by the Minister for Parliamentary Business, which included care-experienced young people. The experience of one young person present was shared, which demonstrated that the existing provisions for electoral registration for looked after children could be improved. The Minister and Scottish Government officials committed to consider what changes could be made to make the process of registering to vote easier for looked-after children.

Consultation with Electoral Registration Officers (EROs) and other electoral administrators indicated that this change would affect a very small cohort of people, but that the change would be welcome and would improve the process of registering to vote for affected children and young people.

The small numbers of children and young people affected by this change mean that conducting quantitative analysis on the impact of the change is difficult. Officials are largely reliant on anecdotal evidence from electoral administrators. However, the limited scope of the policy change, and the positive impact it will bring to the affected group of children and young people suggests that more extensive research would not be proportionate to the scale of the change expected as a result of the policy change.

Scottish Government has ongoing engagement with Electoral Registration Officers. Following the May 2026 Scottish Parliament elections, discussions will be held to assess the impact of changes made in this Order, including the changes to declaration of local connection.

This policy change will have a positive impact on advancing equality of opportunity for the affected cohort of young people. There is not expected to be any impact on the duties to eliminate unlawful discrimination, harassment and victimisation, or the duty to promote good relations among and between different age groups.

Extending the right for ‘looked after’ children, and young people who leave care from age 16, to register to vote using a declaration of local connection until their 21st birthday supports continuity of opportunity to vote during a time that many young people moving on from care experience multiple transitions, for example from school into further or higher education, training or employment, or on to more independent living). At this time, many care experienced young people move into transitional or supported accommodation before they move to a permanent address.

The change removes possible stigma or discouragement from registering by removing the necessity to declare homelessness to achieve declaration of local connection. The policy change aims to help mitigate a specific barrier to voter registration that the majority of the population do not face, and advance equality of opportunity on that basis.

Disability

Requiring Returning Officers to provide appropriate equipment to support voters, in line with Electoral Commission guidance:

This Order will update the requirement for Returning Officers to provide equipment to assist electors to cast their votes. It will require the Electoral Commission to provide statutory guidance which Returning Officers will follow in order to provide support.

The UK Government introduced a similar change to the provision on accessibility requirements prior to the 2024 General Election. The Electoral Commission reported on the election, including on the impact of accessibility changes. In general, the changes were welcomed with polling station staff having a range of accessibility equipment with which to help voters:

“In general, high numbers of polling station staff reported that the recommended minimum list of equipment was available in their polling station. However, despite many feeling that the equipment available was helpful, 14% of polling station staff reported that at least one disabled voter experienced issues either accessing the polling station or completing the ballot paper.”

RNIB published their report, Turned Out 2024, after the 2024 General Election. In the report, they highlight that only a quarter of blind people feel that the current system allows them to vote independently and in secret, and that only half of blind and partially sighted voters were satisfied with their voting experience. They call for audio and tactile voting solutions to be available in every polling station.

The change made in the Order will allow for increased flexibility for Returning Officers to provide audio and tactile voting solutions. The experiences of the UK General Election do not include any children due to the difference in voting franchise (18 and over), however it is likely that experiences would have been shared with 16- and 17-year-olds, had they been able to vote in the UK election.

Stakeholder groups have engaged with the Scottish Government to note that the increased flexibility this Order would introduce would be welcome, and that it is expected to improve the voting experience particularly for blind and partially sighted voters.

This policy change will have a positive impact on the duty to eliminate unlawful discrimination, harassment, and victimisation.

The High Court found in 2019 that the statutory provision to provide a specified tactile voting device (TVD) was not sufficient to meet the duty to allow voters to vote independently and in secret. The provision in this Order which requires Returning Officers to provide appropriate equipment to aid voters with accessibility needs to vote independently and in secret, and the associated requirement for the Electoral Commission to provide guidance to this effect, aims to bring legislation in line with this ruling.

This policy change will also have a positive impact on the duty to advance equality of opportunity.

Change made in this Order is expected to improve the opportunities for voters with disabilities to vote independently and in secret. The Government acknowledges that this change is not likely to facilitate all voters being able to vote entirely independently, however it aims to increase flexibility, and provide a wider range of possible equipment to facilitate voting by people with a range of accessibility needs.

The Electoral Commission will provide guidance to Returning Officers on the appropriate support to provide. This guidance is iterative, and the Commission are expected to update it in discussion with accessibility stakeholders, electoral administrators, and Government. The provisions requiring the Commission to provide guidance are intended to allow flexibility and to stay up to date with technological advancements. One example of this is the removal of the specified requirement of the tactile voting device (TVD), which is increasingly out of date with some modern technologies and innovations.

The evidence is mixed on what impact the changes to the requirements for accessibility equipment to be provided in polling stations could have on children. While some of the published reports, such as the ‘Turned Out 2024’ report by RNIB, highlight concerns or areas for improvement at a UK level, the direct feedback from stakeholders including RNIB Scotland has been that the change was seen as a positive move and should be replicated in Scotland.

While acknowledging the mixed evidence, the Scottish Government is of the view that increased flexibility, along with the guidance provided by the Electoral Commission, will be of benefit to disabled voters.

This Order is not expected to have an impact on the duty to promote good relations among and between disabled and non-disabled people.