The Social Security (Scotland) Act 2018 (Scottish Adult Disability Living Allowance) (Consequential Amendments) (No. 2) Order 2025
This order amends various UK election laws to include the Scottish Adult Disability Living Allowance (SADLA) as grounds for proxy voting.
This ensures equal access to proxy voting for individuals in England, Wales, and Scotland who receive SADLA for disabilities, aligning with existing provisions for similar benefits.
The amendments affect regulations governing proxy voting in several election contexts, including general elections, police and crime commissioner elections, and recall petitions.
Arguments For
Intended Benefit: Ensures consistent treatment of individuals receiving Scottish Adult Disability Living Allowance (SADLA) regarding proxy voting access, aligning it with those receiving Disability Living Allowance (DLA).
Evidence Cited: The order references specific regulations and acts (like the Scotland Act 1998, Representation of the People Regulations 2001, Police and Crime Commissioner Elections Order 2012, and Recall of MPs Act 2015) to justify the amendments and ensure legal consistency.
Implementation Method: The order directly amends existing legislation by substituting text in specific regulations, adding sub-paragraphs, and making other minor changes to ensure the inclusion of SADLA recipients.
Legal/Historical Basis: The order is justified under the powers conferred by sections 104, 112(1), and 113(4) of the Scotland Act 1998, demonstrating a clear legal basis for the changes and maintaining adherence to pre-existing legislation.
Arguments Against
Potential Impacts: While largely beneficial, the amendments might necessitate minor administrative adjustments by electoral authorities and require brief training to ensure staff are fully aware of the changes.
Implementation Challenges: The smooth implementation requires coordinated actions by electoral bodies in England, Wales, and Scotland to update their systems and procedures to reflect the amended legislation. This might entail minor resource allocation and brief periods of workforce training.
Alternative Approaches: Alternative methods, such as creating separate guidance documentation instead of directly changing legislation, could have reduced the necessity for amending established legislation. However, this approach might lead to inconsistency and potential confusion.
Unintended Effects: The order's focus is narrow, so unintended effects are unlikely beyond minor administration costs or potential temporary confusion during implementation and dissemination to affected electoral bodies.
PART 1 Introductory
Citation, commencement and extent 1.
(1)
This Order may be cited as the Social Security (Scotland) Act 2018 (Scottish Adult Disability Living Allowance) (Consequential Amendments) (No. 2) Order 2025 and comes into force on 21st March 2025.
(2)
Parts 1 and 4 of this Order extend to England and Wales and Scotland.
(3)
Part 2 of this Order extends to England and Wales only.
(4)
Part 3 of this Order extends to Scotland only.
This part introduces the order, giving it a title, setting its effective date (March 21, 2025), and outlining its geographical scope.
Parts 1 and 4 apply across England, Wales, and Scotland; Part 2 to England and Wales only; and Part 3 solely to Scotland.
PART 2 England and Wales
Amendment of the Representation of the People (England and Wales) Regulations 2001 2.
In regulation 53(5) of the Representation of the People (England and Wales) Regulations 2001 (additional requirements for applications for a proxy vote for a definite or indefinite period on grounds of severe sight-impairment or any other disability), for sub-paragraph (b), substitute—
(b) the application states that the applicant is in receipt of one of the following, because of the disability specified in the application—
(i) the higher rate of the mobility component of a disability living allowance (payable under section 73 of the Social Security Contributions and Benefits Act 1992), (ii) armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011, (iii) the enhanced rate of the mobility component of personal independence payment (payable under section 79(2) of the Welfare Reform Act 2012), (iv) the higher rate of the mobility component of disability assistance for children and young people (payable in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018), (v) the enhanced rate of the mobility component of disability assistance for working age people (payable in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018), or (vi) the higher rate of the mobility component of a Scottish adult disability living allowance (payable in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018)."
This section amends the Representation of the People (England and Wales) Regulations 2001.
Specifically, it replaces sub-paragraph (b) in regulation 53(5) to include the Scottish Adult Disability Living Allowance (SADLA) among the benefits that qualify an applicant for a proxy vote due to disability.
This ensures consistent access to proxy voting for individuals receiving SADLA in England and Wales.
Amendment of the Police and Crime Commissioner Elections Order 2012 3.
In paragraph 15(6)(e) of Part 2 of Schedule 2 to the Police and Crime Commissioner Elections Order 2012 (absent voting in PCC elections)—
(a) at the end of sub-paragraph (i), omit the “or”;
(b) at the end of sub-paragraph (ii), insert “or”; and
(c) after sub-paragraph (ii), insert—
(iii) the higher rate of the mobility component of a Scottish adult disability living allowance."
This section modifies the Police and Crime Commissioner Elections Order 2012 to add SADLA to the list of benefits qualifying individuals for absent voting in Police and Crime Commissioner (PCC) elections.
By amending paragraph 15(6)(e) of Schedule 2, the order ensures those receiving SADLA have the same voting rights as those receiving other specified benefits.
PART 3 Scotland
Amendment of the Representation of the People (Scotland) Regulations 2001 4.
In regulation 53(5) of the Representation of the People (Scotland) Regulations 2001 (additional requirements for applications for a proxy vote for a particular or indefinite period on grounds of blindness or any other disability), for sub-paragraph (b), substitute—
(b) the application states that the applicant is in receipt of one of the following, because of the disability specified in the application—
(i) the higher rate of the mobility component of a disability living allowance (payable under section 73 of the Social Security Contributions and Benefits Act 1992), (ii) armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011, (iii) the enhanced rate of the mobility component of personal independence payment (payable under section 79(2) of the Welfare Reform Act 2012), (iv) the higher rate of the mobility component of disability assistance for children and young people (payable in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018), (v) the enhanced rate of the mobility component of disability assistance for working age people (payable in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018), or (vi) the higher rate of the mobility component of a Scottish adult disability living allowance (payable in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018)."
Similar to Part 2, this part amends the Representation of the People (Scotland) Regulations 2001.
It modifies regulation 53(5) to include SADLA among the benefits that allow for proxy voting.
This ensures those receiving SADLA in Scotland have equal proxy voting access.
PART 4 England and Wales, and Scotland
Amendment of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016 5.
In regulation 64(5)(b) of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016 (additional requirements for applications for a proxy signature for a definite or an indefinite period on grounds of blindness or other disability: England and Wales and Scotland)—
(a) at the end of paragraph (iv), omit the “or”;
(b) at the end of paragraph (v), insert “or”; and
(c) after paragraph (v), insert—
(vi) the higher rate of the mobility component of a Scottish adult disability living allowance (payable in accordance with regulations made under section 31 of the 2018 Act),"
This section amends the Recall of MPs Act 2015 (Recall Petition) Regulations 2016 to include SADLA as grounds for proxy signature for recall petitions in England, Wales, and Scotland.
The amendment to regulation 64(5)(b) ensures consistency across the UK for those with disabilities seeking proxy voting in this context.