These Regulations apply where a postal or proxy vote is being or has been sought in respect solely of local government elections in Scotland or of a particular local government election in Scotland, and do not apply in any other circumstances.

General requirements for applications for an absent vote at a local government election in Scotland

Additional provisions concerning the requirement that an application for an absent vote must be signed by the applicant and state the applicant’s date of birth

Additional requirement for applications for ballot papers to be sent to different address from that stated in application

Additional requirements for applications for a proxy vote for a particular or indefinite period based on detention in a penal institution

Closing date for applications

Grant or refusal of applications

Notice of appeal

Cancellation of proxy appointment

Inquiries by registration officer

Requirement to provide fresh signatures

15A

(1) A registration officer may send to any person who remains an absent voter and whose signature held on the personal identifiers record is more than 5 years old a notice in writing–

(a) requiring that person to provide a fresh signature; and

(b) informing that person of the date (6 weeks from the date of sending the notice) on which that person would cease to be entitled to vote by post or by proxy in the event of a failure or refusal to provide a fresh signature.

(2) The notice must be sent by the registration officer to the current or last known address of the absent voter.

(3) The registration officer must, if the absent voter has not responded to the notice within 3 weeks from the date on which the notice was sent, as soon as practicable send a copy of the notice to the absent voter.

Notices: supplementary

15B

(1) Where a notice or copy of a notice under regulation 15A is sent by post, the registration officer may use–

(a) a universal postal service provider; or

(b) a commercial delivery firm,

and postage shall be prepaid on any such notice sent by post.

(2) A notice or copy of a notice sent to an absent voter in accordance with this regulation must be accompanied by a pre-addressed reply envelope and, in the case of any notice or copy of a notice sent to an address within the United Kingdom, return postage shall be prepaid.

Consequence of failure to provide required information

15C

(1) Subject to paragraph (2), where, upon the expiry of the period of 6 weeks following the date of sending of a notice under regulation 15A(1) to an absent voter, the registration officer has not received a fresh signature–

(a) the registration officer must remove that voter’s entry from the absent voting records; and

(b) that voter shall not be entitled to vote by post, by proxy or by post as a proxy (as the case may be) at local government elections in Scotland, or a particular local government election in Scotland, otherwise than in pursuance of a further application made under Schedule 4.

(2) The registration officer must not remove the absent voter’s entry if the registration officer is satisfied that the voter is unable–

(a) to provide a signature because of any disability the voter has;

(b) to provide a signature because the voter is unable to read or write; or

and, where the registration officer is so satisfied, entries of the voter in the absent voting records shall not show the voter’s signature.

(3) Where an absent voter ceases to be entitled to vote by post, by proxy or by post as a proxy in the circumstances to which paragraph (1) refers–

(a) the registration officer must inform the voter, where appropriate, of the location of the polling station to which the voter has been allotted or is likely to be allotted, under rule 22 of Schedule 1 to the Scottish Local Government Elections Order 2011, unless that voter is not likely to be allotted to a polling station;

(b) regulations 12(4) and 13 must apply as if the registration officer were refusing an application under Schedule 4; and

(c) in the case of an absent voter who ceases to be entitled to vote by post as a proxy, the registration officer must also notify the elector for whom the proxy was appointed.

(4) Where paragraph (3) applies, the registration officer must provide the absent voter with information–

(a) explaining the effect of removal from the absent voting records; and

(b) explaining that the absent voter may make a fresh application under Schedule 4 to vote by post, by proxy or by post as a proxy (as the case may be).

Records and lists kept under Schedule 4

Supply or disclosure of records: anonymous entries

Conditions on the supply and inspection of absent voter records or lists

The personal identifiers record

18A

(1) The registration officer must retain a voter’s entry on the personal identifiers record until the expiry of 12 months from–

(a) the date on which that voter’s entry is removed from the record kept pursuant to paragraph 3(4) or 7(6) of Schedule 4; or

(b) the date of the poll for the purposes of which that voter’s application for an absent vote was granted under paragraph 4(1) or (2) or 7(4)(b) of Schedule 4.

(1A) The returning officer may disclose information held in the personal identifiers record to any candidate or agent attending proceedings on receipt of postal ballot papers in accordance with regulation 24B of the Representation of the People (Postal Voting for Local Government Elections) (Scotland) Regulations 2007.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Marked register for polling stations

Supply or disclosure of records ...

Notification of a rejected postal voting statement

20

(1) Where the registration officer receives from a returning officer a copy of a list of rejected postal voting statements compiled under regulation 27(4) of the Representation of the People (Postal Voting for Local Government Elections) (Scotland) Regulations 2007, the registration officer must use that information for the purposes of paragraph (2) and regulation 21, and must not use that information for any other purpose.

(2) Where an absent voter (whether an elector or a proxy) appears on that list—

(a) the registration officer must notify the absent voter (and the elector if the absent voter is a proxy) that the ballot paper concerned was rejected because the returning officer was not satisfied that the postal voting statement issued for that ballot paper was duly completed;

(b) the registration officer must send the notification within the period of three months beginning with the date of the poll at which the ballot paper was rejected; and

(c) the notification must include information as to which of the specified reasons referred to in regulation 27(5) of the Representation of the People (Postal Voting for Local Government Elections) (Scotland) Regulations 2007 applied to the absent voter’s postal voting statement.

(3) The registration officer is not obliged to send notification—

(a) to any person who is no longer shown as voting by post in the records kept under paragraph 3(4) or 7(6) of Schedule 4 at the time the registration officer proposes to send out the notification; or

(b) where the registration officer suspects that an offence may have been committed in relation to the postal ballot paper, postal voting statement or the absent voter’s registration as an elector.

(4) A notification under paragraph (2) may also include any other information that the registration officer considers appropriate, but must not include information held on the personal identifiers record.

(5) No person is to be allowed to inspect the copy of the list received by the registration officer, and that officer must cause it to be destroyed as soon as practicable after the purposes in paragraph (2) and regulation 21 have been served and, in any event, within four months of its receipt.

Requirement to provide fresh signatures following rejection of a postal voting statement

21

(1) Where an absent voter is notified under regulation 20 that the signature does not match the example held on the personal identifiers record, and the absent voter continues to be shown on the relevant record as voting by post, the registration officer may require the absent voter to provide a fresh signature for the personal identifiers record.

(2) In doing so, the registration officer must—

(a) issue a notice in writing to the absent voter, requiring the provision of a fresh signature; and

(b) inform the absent voter of the date (six weeks from the sending of the notice) on which the absent voter would cease to be entitled to vote by post in the event of a failure or refusal to provide a fresh signature.

(3) The registration officer must, if the absent voter has not responded to the notice within three weeks from the date on which the notice was sent, as soon as practicable send a copy of the notice to the absent voter.

(4) The notice and any copy must be sent by the registration officer to the current or last known address of the absent voter.

(5) Where a notice or copy of a notice is sent by post, the registration officer may use—

(a) a universal postal service provider; or

(b) a commercial delivery firm,

and postage must be prepaid.

(6) A notice or copy of a notice sent to an absent voter in accordance with paragraph (2) or (3) must be accompanied by a pre-addressed reply envelope and, in the case of any notice or copy of a notice sent to an address in the United Kingdom, return postage must be prepaid.

(7) Following the date specified in the notice sent to the absent voter, the registration officer must determine whether the absent voter has failed or refused to provide a fresh signature.

(8) Where the registration officer determines that the absent voter has refused or failed to provide a fresh signature, the registration officer must remove that person’s entry from—

(a) the records kept pursuant to paragraph 3(4) or 7(6) of Schedule 4; and

(b) the postal voters list or proxy postal voters list (as the case may be) kept under paragraph 5(2) or 7(8) of that Schedule.

(9) Where a registration officer removes an absent voter’s entry in the circumstances to which paragraph (8) refers—

(a) the registration officer is to inform the absent voter, where appropriate, of the location of the polling station allotted or likely to be allotted to the voter under the appropriate rules (as defined in paragraph 1 of Schedule 4);

(b) regulations 12(4) and 13 are to apply as if the registration officer were refusing an application under Schedule 4; and

(c) in the case of an entry removed from the proxy postal voters list, the registration officer must also notify the elector who appointed the proxy whose entry has been removed.

(10) The registration officer must include in the notice to be sent to an absent voter regarding that person’s removal from the records kept pursuant to paragraph 3(4) or 7(6) of Schedule 4 and from the postal voters list or proxy postal voters list (as the case may be) kept under paragraph 5(2) or 7(8) of that Schedule, information—

(a) explaining the effect of such removal; and

(b) reminding the absent voter that he or she may make a fresh application under Schedule 4 to vote by post or by proxy (as the case may be).

(11) Where an absent voter has provided a registration officer with a fresh signature in response to a notice issued by the registration officer under this paragraph, or in response to a notice issued by the registration officer under any other enactment following the rejection of the absent voter’s postal voting statement at an election or referendum, the registration officer may use that signature and enter it in the records kept in accordance with regulation 18A and paragraphs 3(4), 4(6) and 7(12) of Schedule 4.

9A

An application to vote by proxy for a particular or indefinite period under paragraph 3(3)(e) (absent vote at elections for definite or indefinite period - offenders sentenced to term not exceeding 12 months) of Schedule 4 must state—

(a) that the applicant is eligible to vote by proxy at local government elections on grounds relating to the applicant's detention in a penal institution, and

(b) the name of the penal institution at which the applicant is detained.

Additional requirements for applications for a proxy vote in respect of a particular election

Closing date for applications

Grant or refusal of applications

Notice of appeal

Cancellation of proxy appointment

Inquiries by registration officer

Requirement to provide fresh signatures

Notices: supplementary

Consequence of failure to provide required information

Records and lists kept under Schedule 4

Supply or disclosure of records ...

Conditions on the supply and inspection of absent voter records or lists

The personal identifiers record

Marked register for polling stations

Notification of a rejected postal voting statement

Requirement to provide fresh signatures following rejection of a postal voting statement

Disapplication of fresh signatures requirement for signatures due before May 2026

15D

Where a registration officer may be required to send a person a notice under regulation 15A(1) and (2) (requirement to provide fresh signatures) before 7 May 2026—

(a) that requirement does not apply,

(b) the absent voter does not, for that reason, cease to be entitled to vote by post or by proxy for a failure to provide a fresh signature,

(c) the registration officer does not, for that reason, require to remove that person’s entry from the absent voting records due to failure to provide a fresh signature, and

(d) the registration officer must send a notice under regulation 15A(1) and (2) to that person by 31 January 2027.

Records and lists kept under Schedule 4

Supply or disclosure of records ...

Conditions on the supply and inspection of absent voter records or lists

The personal identifiers record

Marked register for polling stations

Notification of a rejected postal voting statement

Requirement to provide fresh signatures following rejection of a postal voting statement

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