Absent Voting (Elections in Scotland and Wales) Act 2025
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Change 1
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). (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— (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 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; (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 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— (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 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 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 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 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); “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; “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. (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”; (c) in sub-paragraph (4)(aa), omit “in England”; (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 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; (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)— (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.
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). (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— (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 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; (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 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— (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 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 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 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 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); “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; “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. (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”; (c) in sub-paragraph (4)(aa), omit “in England”; (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 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; (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)— (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.
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