Statutory Instruments
2025 No. 229
Constitutional Law
Devolution, Scotland
Representation Of The People
Social Security
The Social Security (Scotland) Act 2018 (Scottish Adult Disability Living Allowance) (Consequential Amendments) (No. 2) Order 2025
Made
27th February 2025
Laid before Parliament
28th February 2025
Coming into force
21st March 2025
The Secretary of State makes the following Order in exercise of the powers conferred by sections 104, 112(1) and 113(4) of the Scotland Act 1998(1).
PART 1Introductory
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.
PART 2England 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)(2), 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(3)),
(ii)armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011(4),
(iii)the enhanced rate of the mobility component of personal independence payment (payable under section 79(2) of the Welfare Reform Act 2012(5)),
(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(6)),
(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).”.
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)(7)—
(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.”.
PART 3Scotland
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)(8), 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).”.
PART 4England 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)(9)—
(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),”.
Ian Murray
Secretary of State
Office of the Secretary of State for Scotland
27th February 2025
1998 c. 46; section 104 was relevantly amended by section 12 of the Scotland Act 2012 (c. 11).
S.I. 2001/341; relevant amending instruments are S.I. 2006/2910, 2013/388, 2013/591, 2016/211, 2021/1188, 2022/332.
1992 c. 4; section 73 is amended by section 67(3) of the Welfare Reform and Pensions Act 1999 (c. 30), Schedule 1 paragraph 145 to the National Health Service (Consequential Provisions) Act 2006 (c. 43), section 53 of, and Schedule 7 paragraph 2 to, the Welfare Reform Act 2007 (c. 5) and section 14 of the Welfare Reform Act 2009 (c. 24). It is prospectively repealed by section 90 of the Welfare Reform Act 2012 (c. 5) from a date and time to be appointed.
S.I. 2011/517; relevant amending instruments are S.I. 2013/436, 2017/247, 2024/347.
S.I. 2012/1917, amended by S.I. 2022/1275; there are other amending instruments but none is relevant.
S.I. 2001/497 (S. 2); relevant amending instruments are S.I. 2007/925 (S. 2), 2013/388, 2013/591, 2021/1188, 2022/332.
S.I. 2016/295; relevant amending instruments are S.I. 2021/1188, 2022/332.