On Thursday 12 February 2026 the UK Government introduced the Representation of the People Bill (“the Bill”) in the House of Commons. The Bill is a significant piece of electoral legislation which will affect voters and campaigners at UK Parliament elections in Scotland.
The Bill is expected to become law in time for the next UK general election which must be held by 15 August 2029. This blog provides an overview of the Bill as introduced.
In this blog ‘Scottish elections’ will be used to refer to elections to the Scottish Parliament and local government.
Background
The electoral law landscape is complex. In 2014 the Scottish Law Commission, the Law Commission for England and Wales and the Northern Ireland Law Commission stated that:
Electoral law is complex, voluminous and fragmented.
In Scotland the Scottish Parliament and Government have powers and responsibilities relating to Scottish elections. The UK Parliament and Government are responsible for regulating elections to the UK Parliament. In addition, some matters of electoral law cut across Scottish elections and other UK elections and are reserved matters. The complexity of the electoral law landscape in the UK means that elements of the Bill may also affect Scottish elections.
In July 2025 the UK Government published a policy paper Restoring trust in our democracy: Our strategy for modern and secure elections. The UK Government stated that the strategy would “usher in a new chapter in our democracy, reflecting our principles, and restoring faith in our politics” and stated that a Bill would be brought forward “during this Parliament” which would include:
expanding the democratic rights of young people and working towards a system of automated voter registration; bringing forward new safeguards on digital campaigning and paving the way for digital voter identification; rebuilding our firewall against foreign interference and protecting those who put their name forward to stand in elections against harassment and intimidation; and holding our elected officials to higher standards than ever before.
Legislative consent
The Explanatory Notes to the Bill indicate that certain provisions in the Bill do engage the legislative consent process under the Sewel Convention.
The Scottish Government lodged a legislative consent memorandum (LCM) on 27 February 2026. That LCM states:
The full devolution analysis required of the Bill is still ongoing, given the complexity of electoral law and the devolution settlement. Whilst further detailed analysis and engagement with the UK Government is required, the Scottish Government agrees with the UK Government that certain measures in the Bill will engage the legislative consent process
Given the continued analysis needed, the Scottish Government has stated that:
The Scottish Government does not intend to lodge a motion on legislative consent in relation to the Bill prior to the 7 May 2026 Scottish Parliament election.
What does the Bill propose?
The Bill covers a range of different areas from votes for 16 and 17 year olds to matters of electoral administration. In a blog for the Constitutional Law Association, Dr Ben Stanford, senior lecturer in law at Liverpool John Moores University said:
the Bill adds to the already complex and deeply fragmented web of electoral law that exists, starkly demonstrating why consolidation of the law in this area is urgently needed. Electoral law and administration increasingly resembles a game of Buckaroo, whereby additional burdens are continuously added to an already creaking system. This piles pressure on electoral administrators and risks undermining the most basic requirement of a democracy – to hold free and fair elections – at a critical moment.
The key areas of interest for voters in Scotland are discussed in more detail below. The Electoral Commission has issued a full briefing on the Bill.
Automated voter registration
The Electoral Commission estimates that around 8 million people in the UK are not registered to vote.
Automated voter registration (AVR) is when people are registered to vote automatically, without having to apply to register to vote. Some, such as the Electoral Reform Society, have long argued that AVR would remove barriers to people voting and therefore has the potential to increase democratic engagement and voter turnout at electoral events. Research conducted by the Electoral Commission in 2025 showed that over half of the people in Great Britain supported AVR thinking it would be an improvement on the registration process in place at present.
The Bill allows for AVR to be trialled at reserved elections (in Scotland those to the UK Parliament). The Electoral Commission would be required to report on any pilots and the Bill allows for AVR to be adopted permanently if that were to be decided after any pilots. The Electoral Commission explainer on the Bill states that:
The UK government is exploring several options for more automated forms of voter registration. These range from integrated registration – where applications for other services, like getting a passport or driving licence, prompt users to register to vote – to automatic registration, where individuals are added to the register using data already available without having to make an application.
For these changes to be in place by the next general election, the government needs to start piloting schemes in early 2027.
AVR pilots have already taken place in relation to devolved elections in Wales and were deemed successful with over 14,500 new voters added to the register.
Government bodies are also given a new power to allow them to better share information to support AVR. There is also a requirement for Electoral Registration Officers (EROs) to contact individuals to let them know that they intend to add them to the electoral register.
The issue of automated voter registration at Scottish elections was considered during the Standards, Procedures and Public Appointment Committee’s consideration of the Scottish Elections (Representation and Reform) Bill during 2024. The Scottish Government confirmed that the Bill allowed for AVR pilots to be run at Scottish elections.
Votes for young people
The Bill proposes extending the franchise (those eligible to vote) for UK elections to include 16 and 17 year olds. At present, only those aged 18 and over who also meet other eligibility criteria are able to vote. The change will apply to the franchise for UK Parliament elections, meaning that 16 and 17 year olds who meet the other eligibility criteria will be able to vote at the next UK general election.
At present, to vote in UK Parliament elections a person must be:
- 18 years of age
- A British, Irish or Commonwealth Citizen
- A British overseas voter
Research looking at countries which have adopted votes for 16 and 17 year olds has concluded that:
When enfranchised, 16- and 17-year-olds tend to vote in greater numbers than young people who experience their first election at age 18 or older… The benefits of gaining the right to vote at 16 or 17 compared to 18 or later can persist in the longer term, countering current trends of declining turnout among young people: in Austria and Scotland, young people who were enfranchised at 16 or 17 were more likely to turn out to vote in elections well into their 20s compared to young people who experienced their first vote at an election with a voting age of 18.
It is important to remember that the franchise is different for UK Parliament and Scottish elections. 16 and 17 year olds are already able to vote in Scottish elections as are foreign nationals who are legally able to live in Scotland and prisoners on sentences of under 12 months.
If agreed by the UK Parliament, the Bill provides that people under the age of 18 who live in Scotland and apply to register to vote at Scottish elections will automatically be registered to vote at UK Parliament elections if they are eligible.
The Bill also allows those who will reach the age of 16 by the next election (known as ‘attainers’) to be able to register to vote from their 14th birthday. Although attainers can be on the electoral register their details are not included in the open register (the open register was previously referred to as the edited register and is a copy that can be sold to anyone, including companies, on request). Those aged 14 are already able to register as attainers for Scottish elections and their details do not appear on the open register.
Voter ID
Voters are required to show ID to be able to vote at some elections – in Scotland voter ID is only required for elections to the UK Parliament. The Bill proposes allowing a bank card to be a form of ID so long as the debit or credit card has the voter’s first name or initial and surname. The current requirements mean that people must show a form of photo ID, such as a passport. The change is to ensure that “elections are made more accessible for voters disproportionately impacted by the policy if they are less likely to hold currently accepted ID, such as younger electors or those with disabilities”.
A digital voter authority certificate (a certificate a person can apply for if they wish to vote but do not have a form of accepted voter ID) will also be introduced and digital forms of voter ID will be added to the accepted ID list.
The Explanatory Notes for the Bill explain that:
At the 2024 UK General Election a small but significant number (0.25%, approximately 50,000) of people who tried to vote at a polling station were initially turned away because they did not have an accepted form of identification. Of those, approximately 16,000 people across Great Britain (0.08% of people who tried to vote at a polling station) did not return to vote. Evidence consistently shows that at least 2% of people in Great Britain do not hold a form of ID on the current list.
Absent voting
Voting by post or proxy (where you ask someone to vote on your behalf) is collectively known as absent voting. The Bill proposes powers which will allow changes (to be made through secondary legislation) to how absent voting works at certain elections, including at UK Parliament elections in Scotland. The Explanatory Notes state that the changes are “to improve flexibility and resilience” given that:
Postal voting volumes have increased significantly, supply chains are more fragile, and voter expectations around delivery and reliability have changed. At the same time the current electoral timetable compresses printing, dispatch and return of postal ballots into a narrow window, placing increasing pressure on electoral administrators and increasing the risk that postal votes cannot be returned in time.
The changes will include:
- amending the postal vote application deadline to 14 working days before the poll (at present the deadline is 11 working days before the poll)
- providing flexibility to allow EROs to reissue postal votes from an earlier date
- allowing voters to change their voting preference to vote by proxy or in person in certain circumstances, for example, if their postal vote has not arrived in time.
Campaign expenditure
The Explanatory Notes to the Bill state that:
The Bill introduces a series of political finance reforms to strengthen the rules around political donations, which seek to address the risk posed by malign actors who may seek to interfere with and undermine UK democratic processes.
The Bill proposes tightening rules on donations, a move to try to limit foreign interference in UK elections. As Dr Stamford explains:
The Bill will ensure that only companies with a strong connection to the UK or Ireland can donate to parties and candidates, by requiring them to be headquartered in the UK and owned or controlled by eligible UK electors.
The donation limit will also be changed and linked to the amount of revenue a company makes in the UK. The Electoral Commission explains that the Bill:
places a limit on donations made by companies, based on how much revenue they have made, that applies separately to each recipient. This means a company could donate an amount equal to their revenue to a party and then donate the same amount to each of the party’s MPs, councillors and candidates. This would allow companies to make legitimate donations many times their revenue, with no guarantee of the source of these funds.
Additional ‘know your donor checks’ are also proposed for parties, campaigners and candidates. These checks will require those accepting donations to ensure that they are from a permitted source. The Electoral Commission has stated that:
This assessment would support campaigners when deciding whether to accept donations. It would also give voters confidence that the sources of funding are legitimate.
Charities complete similar ‘know your donor’ checks when accepting donations. Equivalent checks are also used in other industries, such as banking and financial services.
Unincorporated associations (individuals who have come together for a shared purpose) will also be required to ensure that any money they receive to make political donations is from a permissible source. At present there is no such requirement on unincorporated associations. The threshold at which unincorporated associations need to register and report to the Electoral Commission on the money they receive will also be lowered under the proposals in the Bill.
Powers for the Electoral Commission
The Electoral Commission regulates parties and campaigners. The Bill proposes extending the Commission’s remit to include the regulation of candidates and local non-party campaigners. The Electoral Commission can enforce civil sanctions such as fines, but not criminal sanctions.
The Bill also proposes to increase the maximum penalty that the Electoral Commission can impose in relation to breaches of campaign finance rules to £500,000 (the current maximum is £20,000).
The Electoral Commission appears to support the changes, stating that:
Extending our remit to include enforcement of the rules for candidates and local third-party campaigners would create a more proportionate, effective and joined-up regime… Increasing the maximum fine that parties or other campaigners might face would more effectively deter non-compliance. It would also give voters more confidence that offences would receive appropriate action.
Measures affecting candidates
At present, a candidate standing for a UK Parliament election in Scotland is only required to have their home address published if they are also acting as their own agent. The Bill removes this requirement and allows candidates to provide an alternative correspondence address. This measure aims to improve the safety of those who stand for election.
For Scottish elections, the law (The Scottish Elections (Representation and Reform) Act 2025) already allow agents, including candidates who act as their own agents, to provide a correspondence address rather than their home address.
Other measures
People can already face a five year disqualification order where they are convicted of certain criminal offences motivated by hostility to a candidate, campaigner, or holder of certain elective offices. The Bill proposes to extend this to cover hostility to electoral staff. The effect of a disqualification order is that a person is not allowed to stand for, be elected to or hold certain elective offices for the period of five years. A disqualification order is an additional sanction which can be applied in conjunction with any criminal sanction.
The Bill also proposes a new statutory aggravating factor which will be considered by courts when sentencing those found guilty of intimidatory behaviour motivated by hostility towards candidates, campaigners, elective office holders and electoral staff. Statutory aggravating factors are circumstances defined in legislation which increase the severity of a crime and therefore usually lead to a more severe sentence.
The Explanatory Notes explain the rationale for this proposal, stating:
Disqualification orders are an important part of tackling unacceptable harassment and intimidation of those in public life. However, the Government believes that disqualification orders alone do not do enough to prevent those who have no interest in standing as a candidate from engaging in intimidatory or abusive behaviour.
Looking ahead
The current LCM is on the agenda for the Standards, Procedures and Public Appointments Committee for Thursday 12 March 2026.
That said, as the Scottish Government has indicated that it will not bring a legislative consent motion on the Bill prior to the general election on May 7 2026, it will likely be for the Session 7 Parliament to make a decision on whether to consent to the Bill. This decision is expected to be informed by a full analysis of the Bill’s implications when this is available from the Scottish Government in the form of a supplementary LCM.
Sarah McKay, SPICe research