Absent Voting (Elections in Scotland and Wales) Bill

A Bill to make provision about absent voting in connection with local government elections in Scotland and Wales, elections to the Scottish Parliament and elections to Senedd Cymru; and for connected purposes.

This is the latest version of the Bill

Available Versions

7 Jul 2025
Lords: Committee
HL Bill 116 (as brought from the Commons)
(0 amendments)
11 Jun 2025
Commons: Report
Bill 261 2024-25 (as amended in Public Bill Committee)
(1 amendments)
10 Jan 2025
Commons: Committee
Bill 023 2024-25 (as introduced)
(8 amendments)

Relevant Documents

Bill PDF
HL Bill 116 (as brought from the Commons)
Explanatory Note
Bill 023 EN 2024-25

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Page 1

Absent vote applications

 
1
Local government elections (Scotland and Wales)
 
 
(1)
Schedule 2 to the Representation of the People Act 1983 (provisions which
 
 
may be contained in regulations as to registration etc) is amended in
 
 
accordance with subsections (2) and (3) .
5
 
(2)
In paragraph 1(5A)(a)(ii), omit the words from “, other” to the end.
 
 
(3)
After paragraph 5ZA, insert—
 
 
“5ZB
(1)
Provision about the use of the UK digital service in relation to
 
 
relevant devolved absent voting applications.
 
 
(2)
Provision made under sub-paragraph (1) may include provision—
10
 
(a)
conferring functions on a Minister of the Crown to enable
 
 
relevant devolved absent voting applications to be submitted
 
 
through the UK digital service;
 
 
(b)
where such applications are, or are to be, so submitted—
 
 
(i)
authorising a Minister of the Crown, in prescribed
15
 
circumstances, to complete applications in part for
 
 
people;
 
 
(ii)
about how any requirement for an applicant to
 
 
provide a signature in connection with an application
 
 
may be satisfied;
20
 
(c)
about the disclosure of prescribed information or evidence
 
 
through the UK digital service;
 
 
(d)
about the disclosure of prescribed information or evidence
 
 
in connection with a relevant devolved absent voting
 

Page 2

 
application in relation to which the UK digital service is, or
 
 
is to be, used.
 
 
(3)
Except as provided by sub-paragraph (4) , the disclosure or other
 
 
processing of information in accordance with provision made under
 
 
this paragraph does not breach—
5
 
(a)
any obligation of confidence owed by the person processing
 
 
the information;
 
 
(b)
any other restriction on the processing of information
 
 
(however imposed).
 
 
(4)
Provision made under this paragraph does not require or authorise
10
 
the disclosure or other processing of personal data that would
 
 
contravene the data protection legislation (but in determining
 
 
whether particular processing of data would do so, take into account
 
 
the duty imposed or the powers conferred by such provision).
 
 
(5)
Regulations under this paragraph may, in connection with provision
15
 
under sub-paragraph (1), include transitional provision under section
 
 
201(3) which makes provision for, or in connection with, the expiry
 
 
of some or all devolved election proxy appointments.
 
 
(6)
In this paragraph—
 
 
“the data protection legislation” has the same meaning as in
20
 
the Data Protection Act 2018 (see section 3(9) of that Act);
 
 
“devolved election proxy appointment” means the appointment
 
 
of a person as a proxy to vote for another person at local
 
 
government elections in Wales or Scotland, where the
 
 
appointment was made before a date specified in the
25
 
regulations on an application under paragraph 6(7) of
 
 
Schedule 4 to the Representation of the People Act 2000;
 
 
“personal data” and “processing” have the same meaning as
 
 
in the Data Protection Act 2018 (see section 3(2) and (4) of
 
 
that Act);
30
 
“relevant devolved absent voting application” means an
 
 
application (including a partially completed application)
 
 
under paragraph 3, 4 or 6 of Schedule 4 to the Representation
 
 
of the People Act 2000 in relation to a local government
 
 
election, or local government elections, in Scotland or Wales;
35
 
“the UK digital service” has the meaning given by paragraph
 
 
3ZA(7), and a reference to a relevant devolved absent voting
 
 
application submitted through the UK digital service is a
 
 
reference to such an application submitted using that service
 
 
as an intermediary.”
40
 
(4)
Schedule 4 to the Representation of the People Act 2000 (absent voting in
 
 
Great Britain) is amended in accordance with subsections (5) and (6) .
 
 
(5)
In paragraph 3 (absent vote at elections for a period)—
 
 
(a)
in sub-paragraph (1)(b), omit the words from “and, in the” to the end;
 
 
(b)
in sub-paragraph (1A), omit “in England”;
45
 
(c)
in sub-paragraph (4)(aa), omit “in England”;
 

Page 3

 
(d)
in sub-paragraph (4)(ab)—
 
 
(i)
omit sub-paragraph (i);
 
 
(ii)
in the words after sub-paragraph (ii), omit “post or”;
 
 
(e)
in sub-paragraph (5)(ca), omit “in England”;
 
 
(f)
in sub-paragraph (5)(d), omit the words from “by post” to “or who
5
 
applied to vote”;
 
 
(g)
in sub-paragraph (7), omit the words from “and, in the” to “the period”;
 
 
(h)
in sub-paragraph (7A), omit “in England”.
 
 
(6)
In paragraph 7 (voting as proxy)—
 
 
(a)
in sub-paragraph (5)(c), omit the words from “and, in the” to the end;
10
 
(b)
in sub-paragraph (5A), omit “in England”;
 
 
(c)
in sub-paragraph (6)—
 
 
(i)
in paragraph (aa), omit “in England”;
 
 
(ii)
omit paragraph (ab) (but not the “and” at the end);
 
 
(d)
in sub-paragraph (9)—
15
 
(i)
at the end of paragraph (c), insert “or”;
 
 
(ii)
in paragraph (ca), omit “in England”;
 
 
(iii)
omit paragraph (d) and the “or” before it.
 
2
Elections to the Scottish Parliament
 
 
(1)
The Scotland Act 1998 is amended as follows.
20
 
(2)
After section 12A insert—
 
 
“12B
Power to make provision about the use of the UK digital service for
 
 
absent voting applications
 
 
(1)
A Minister of the Crown or the Scottish Ministers may by regulations
 
 
make provision about the use of the UK digital service in relation to
25
 
absent voting applications.
 
 
(2)
The provision that may be made under subsection (1) includes, in
 
 
particular, provision—
 
 
(a)
conferring functions on a Minister of the Crown to enable
 
 
absent voting applications to be submitted through the UK
30
 
digital service;
 
 
(b)
where such applications are, or are to be, so submitted—
 
 
(i)
authorising a Minister of the Crown, in prescribed
 
 
circumstances, to complete applications in part for
 
 
people;
35
 
(ii)
about how any requirement for an applicant to provide
 
 
a signature in connection with an application may be
 
 
satisfied;
 
 
(c)
about the disclosure of prescribed information or evidence
 
 
through the UK digital service;
40

Page 4

 
(d)
about the disclosure of prescribed information or evidence in
 
 
connection with an absent voting application in relation to
 
 
which the UK digital service is, or is to be, used.
 
 
(3)
Subject to subsection (4) , the disclosure or other processing of
 
 
information in accordance with provision made under this section
5
 
does not breach—
 
 
(a)
any obligation of confidence owed by the person processing
 
 
the information;
 
 
(b)
any other restriction on the processing of information (however
 
 
imposed).
10
 
(4)
Provision made under this section does not require or authorise the
 
 
disclosure or other processing of personal data that would contravene
 
 
the data protection legislation (but in determining whether particular
 
 
processing of data would do so, take into account the duty imposed
 
 
or the powers conferred by such provision).
15
 
(5)
The Scottish Ministers may not make regulations under this section
 
 
without the agreement of a Minister of the Crown.
 
 
(6)
In this section—
 
 
“absent voting application” means an application (including a
 
 
partially completed application) to vote by post or proxy at an
20
 
election for membership of the Parliament, or at elections for
 
 
membership of the Parliament, in accordance with an order
 
 
under section 12;
 
 
“the data protection legislation” has the same meaning as in the
 
 
Data Protection Act 2018 (see section 3(9) of that Act);
25
 
“personal data” and “processing” have the same meaning as in
 
 
the Data Protection Act 2018 (see section 3(2) and (4) of that
 
 
Act);
 
 
“prescribed” means prescribed by regulations made under this
 
 
section;
30
 
“the UK digital service” means a digital service provided by a
 
 
Minister of the Crown for the registration of electors, and a
 
 
reference to an absent voting application submitted through
 
 
the UK digital service is a reference to such an application
 
 
submitted using that service as an intermediary.”
35
 
(3)
In section 113 (subordinate legislation: scope of powers), in subsection (1A),
 
 
after “12” insert “or regulations under section 12B”.
 
 
(4)
In section 114 (subordinate legislation: particular provisions), in subsection
 
 
(1), after “sections” insert “12B,”.
 
 
(5)
In Schedule 7 (procedure for subordinate legislation), in paragraph 1(2), in
40
 
the appropriate place insert—
 
 
“Section 12B
 
 
Where the regulations are made by the Scottish Ministers:
 
 
Type L
 

Page 5

 
Where the regulations are made by a Minister of the
 
 
Crown: Type C”. ..
 
3
Elections to Senedd Cymru
 
 
After section 13A of the Government of Wales Act 2006 insert—
 
 
“13B
Power to make provision about the use of the UK digital service for
5
 
absent voting applications
 
 
(1)
A Minister of the Crown or the Welsh Ministers may by regulations
 
 
make provision about the use of the UK digital service in relation to
 
 
absent voting applications.
 
 
(2)
The provision that may be made under subsection (1) includes, in
10
 
particular, provision—
 
 
(a)
conferring functions on a Minister of the Crown to enable
 
 
absent voting applications to be submitted through the UK
 
 
digital service;
 
 
(b)
where such applications are, or are to be, so submitted—
15
 
(i)
authorising a Minister of the Crown, in prescribed
 
 
circumstances, to complete applications in part for
 
 
people;
 
 
(ii)
about how any requirement for an applicant to provide
 
 
a signature in connection with an application may be
20
 
satisfied;
 
 
(c)
about the disclosure of prescribed information or evidence
 
 
through the UK digital service;
 
 
(d)
about the disclosure of prescribed information or evidence in
 
 
connection with an absent voting application in relation to
25
 
which the UK digital service is, or is to be, used.
 
 
(3)
Subject to subsection (4) , the disclosure or other processing of
 
 
information in accordance with provision made under this section
 
 
does not breach—
 
 
(a)
any obligation of confidence owed by the person processing
30
 
the information;
 
 
(b)
any other restriction on the processing of information (however
 
 
imposed).
 
 
(4)
Provision made under this section does not require or authorise the
 
 
disclosure or other processing of personal data that would contravene
35
 
the data protection legislation (but in determining whether particular
 
 
processing of data would do so, take into account the duty imposed
 
 
or the powers conferred by such provision).
 
 
(5)
The Welsh Ministers may not make regulations under this section
 
 
without the agreement of a Minister of the Crown.
40

Page 6

 
(6)
No regulations may be made under this section by a Minister of the
 
 
Crown unless a draft of a statutory instrument containing them has
 
 
been laid before, and approved by a resolution of, each House of
 
 
Parliament.
 
 
(7)
No regulations may be made under this section by the Welsh Ministers
5
 
unless a draft of a statutory instrument containing them has been laid
 
 
before, and approved by a resolution of, the Senedd.
 
 
(8)
In this section—
 
 
“absent voting application” means an application (including a
 
 
partially completed application) to vote by post or proxy at an
10
 
election for membership of the Senedd, or at elections for
 
 
membership of the Senedd, in accordance with an order under
 
 
section 13;
 
 
“the data protection legislation” has the same meaning as in the
 
 
Data Protection Act 2018 (see section 3(9) of that Act);
15
 
“personal data” and “processing” have the same meaning as in
 
 
the Data Protection Act 2018 (see section 3(2) and (4) of that
 
 
Act);
 
 
“prescribed” means prescribed by regulations made under this
 
 
section;
20
 
“the UK digital service” means a digital service provided by a
 
 
Minister of the Crown for the registration of electors, and a
 
 
reference to an absent voting application submitted through
 
 
the UK digital service is a reference to such an application
 
 
submitted using that service as an intermediary.”
25

General

 
4
Commencement and transitional provision
 
 
(1)
This Act comes into force on the day on which it is passed, subject to
 
 
subsection (2) .
 
 
(2)
Section 1 (4) to (6) comes into force on such day as the Secretary of State may
30
 
by regulations made by statutory instrument appoint.
 
 
(3)
The Secretary of State may by regulations made by statutory instrument make
 
 
such transitional or saving provision as the Secretary of State considers
 
 
appropriate in connection with the coming into force of any provision of this
 
 
Act.
35
 
(4)
Regulations under subsection (3) may make provision for, or in connection
 
 
with, the expiry of some or all devolved election postal vote entitlements.
 
 
(5)
Regulations under subsection (3) that make provision for, or in connection
 
 
with, the expiry of the devolved election postal vote entitlement of a person
 
 
who also has a parliamentary election postal vote entitlement may make
40
 
provision for the purpose of aligning the expiry of those entitlements
 
 
(including provision specifying or changing the date on which either or both
 
 
of those entitlements expire).
 

Page 7

 
(6)
In this section—
 
 
“devolved election postal vote entitlement” means an entitlement to vote
 
 
by post (whether as elector or proxy) at local government elections in
 
 
Wales or Scotland, where the entitlement was granted before the
 
 
specified date on an application under paragraph 3(1) or 7(4)(a) of
5
 
Schedule 4 to the Representation of the People Act 2000;
 
 
“parliamentary election postal vote entitlement” means an entitlement
 
 
to vote by post (whether as elector or proxy) at parliamentary elections
 
 
in England and Wales or Scotland, where the entitlement was granted
 
 
before the specified date on an application under paragraph 3(1) or
10
 
7(4)(a) of Schedule 4 to the Representation of the People Act 2000;
 
 
“specified date” means the date specified in the regulations.
 
 
(7)
Regulations under this section may make different provision for different
 
 
purposes or areas.
 
5
Extent and short title
15
 
(1)
This Act extends to England and Wales, Scotland and Northern Ireland.
 
 
(2)
This Act may be cited as the Absent Voting (Elections in Scotland and Wales)
 
 
Act 2025.
 
Amendments

No amendments available.