LRO to allow applications for absent voting for devolved elections in Scotland and Wales to be made online

This consultation seeks views on the proposal to use a Legislative Reform Order (LRO) to allow applications for postal and proxy voting arrangements for devolved elections in Scotland and Wales to be made online. It covers the following areas: 

1. This consultation paper is issued on behalf of the Secretary of State for the Ministry of Housing, Communities and Local Government (MHCLG) and sets out the proposal to pass legislation to insert regulation making powers making it possible for applications for postal and proxy voting (also known as ‘absent voting’) arrangements for Senedd, Scottish Parliamentary, and local elections in Scotland and Wales to be made online.  

2. To do this, it is necessary to amend the Representation of the People Act 1983, the Scotland Act 1998, and the Government of Wales Act 2006. We propose to make these amendments via a Legislative Reform Order under the Legislative and Regulatory Reform Act 2006.   

3. Under the Legislative and Regulatory Reform Act 2006, the Government must consult on the use of a Legislative Reform Order to make changes to primary legislation. Subject to the results of this consultation, the Government plans to make the order which makes these amendments as soon as is practicable.   

Scope of this consultation: 

4. The aim of this consultation is to set out the proposed legislative changes to the Representation of the People Act 1983, the Scotland Act 1998, and the Government of Wales Act 2006, to seek views on our proposal and gather evidence in relation to the criteria for using a Legislative Reform Order.   

5. The proposal has been formed as a result of the Scottish and Welsh Governments’ request to use the Online Absent Voting Application (‘OAVA’) services for their devolved elections.                                                                             

Geographical scope: 

6. The changes made to legislation will give limited powers to the Scottish and Welsh Governments for the purpose of legislating to join OAVA, so the impact of these measures will be limited to Scotland and Wales. There will also be some limited additional measures which are specific to Wales only, to allow alignment of postal vote reapplication cycles, and to provide for an alternative means to verify an applicant's identity should the identity checking process be unsuccessful within the UKDS. 

Impact assessment: 

7. These measures will make it much easier and simpler for electors in Scotland and Wales, by allowing them to make a single online application to arrange a postal or proxy vote for every election they are eligible to participate in. In addition, these measures will also benefit electoral administrators, as they will reduce the burden of processing applications as electors opt to make a single absent vote application for all elections online.  

8. An impact assessment for the OAVA services was carried out as part of the Elections Bill (now Elections Act 2022), which was passed by the previous Government. This impact assessment considered UK wide impact of introducing an online absent vote application service and the additional cost of divergence in Scotland and Wales. The measures proposed in this document would allow those on-costs to be reduced by reducing the additional processing burdens described above. 

 
Body responsible for the consultation: 

Ministry of Housing, Communities, and Local Government  

Duration: 

This consultation will last for 7 weeks from 25th November 2024. 

Enquiries: 

For any enquiries about the consultation please contact: correspondenceregistrationandfranchise@communities.gov.uk with an email subject: “OAVA Consultation”