“For reasons of urgency, it is necessary,” Scottish Ministers said today as they moved to change who can vote in Scottish elections. A remedial order, signed by Graeme Dey at 8:41am and laid before Holyrood at 2pm on 18 November, comes into force on Wednesday 19 November 2025. The stated aim is to “remove an incompatibility with the European Convention on Human Rights”, with Ministers also pointing to “compelling reasons” for using the fast-track route.

The Representation of the People Act 1983 Remedial (Scotland) Order 2025 opens the door for some people detained in hospital under criminal justice mental health powers to register and vote in local government and Scottish Parliament elections. It does not alter the franchise for UK general elections, which remains reserved to Westminster.

Ministers argue the previous blanket ban on these voters risked breaching rights. The change aligns practice with Scotland’s 2020 prisoner voting reforms, which already allow people serving sentences of up to 12 months to vote in devolved elections. Today’s order extends similar principles to those detained in hospital under specified court orders and directions.

Who is covered? People detained under named provisions of the Criminal Procedure (Scotland) Act 1995 and the Mental Health (Care and Treatment) (Scotland) Act 2003, provided the offence they were convicted of-or charged with-would not attract a sentence above 12 months. Where there are multiple offences, the maximum penalties are added together to check the 12‑month threshold. Those under local authority guardianship for personal welfare are also brought into the franchise. Anyone whose sentence (including combined or concurrent terms) exceeds 12 months, or who is subject to certain additional orders, remains ineligible.

The order also tidies up the practicalities of registration. Detention will not, by itself, break a person’s residence at their usual home for electoral purposes, and declarations of local connection are available where needed. Returning officers may send poll cards to the place of detention. The effect is to make registration workable without disrupting local electoral rolls.

On how to vote, in‑person voting is off the table for this group. Electors covered by the change must vote by post or appoint a proxy. They can appoint a proxy for themselves, but they cannot act as a proxy for anyone else. Administrators get new powers and duties to manage these absent votes at both council and Holyrood polls.

Timing matters. The order takes effect on 19 November 2025 but does not apply to local council by‑elections held before 7 May 2026. It is time‑limited, expiring on 28 February 2030. Once registered under these provisions, an elector stays on the roll until that expiry date unless they qualify to remain for other reasons. Under the human rights compliance law used, MSPs have 120 days (discounting longer recesses) to approve the order.

Why it matters beyond the M8: for readers across the North of England, this is a clear example of devolved choices shaping democratic rights close to home. Families with relatives receiving treatment in Scottish secure units will see a tangible difference at Holyrood and council elections, even though UK general elections remain unchanged. Councils and campaigners on our side of the border will be watching Scotland’s postal‑and‑proxy model because it tackles a practical question many administrators face-how to uphold voting rights safely in clinical settings.

The first big test is likely to come with the Scottish Parliament election scheduled for May 2026, followed by the main run of council contests thereafter. Between now and then, registration teams and health boards in Scotland will need to get the forms, guidance and data sharing right-quickly-so voters know what they can do and how to do it. For a region that cares about fair chances and local say, the signal from Edinburgh is simple: tighten the rules, but don’t shut people out.