Non-party campaigner: draft code of practice
This code of practice will put guidance for non-party campaigners at national elections on a statutory footing.
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The Elections Act 2022 requires the Electoral Commission to prepare a code of practice on the operation of controls relating to third-party, or, non-party national election campaigns contained within Part 6 of the Political Parties, Elections and Referendums Act 2000.
This code will provide certainty for non-party campaigners on how to comply with the rules relating to non-party campaigning by putting guidance on a statutory footing. It also provides a defence for campaigners who are charged with offences under Part 6 of the Political Parties, Elections and Referendums Act 2000 (PPERA) and can demonstrate compliance with the code of practice.
The code of practice applies to UK Parliamentary general elections and Northern Ireland Assembly elections (which are reserved and excepted). It does not apply to elections to the Senedd or Scottish Parliament unless the regulated period for either of those elections overlaps with the regulated period for a UK Parliamentary General Election (a ‘combined regulated period’).
The Electoral Commission ran a public consultation on an earlier draft version of the code in November 2022. As set out in the Electoral Commission’s response to that consultation, responses were received from a range of groups including non-party campaigners, academics and trade unions, and overall, the feedback was positive.
The government has considered the draft guidance prepared by the Electoral Commission and has laid the draft code with minor and technical modifications before Parliament on 13 September 2023 for a 40-day period for approval. The rationale for the two modifications is set out in the written ministerial statement.
If the guidance is approved by Parliament, it will come into force in November 2023.