Scotland non-party campaigner code starts 17 Nov
Scotland has set Monday 17 November 2025 for the new Code of Practice on non‑party campaigning at Scottish Parliament elections to take effect. If you are a union, charity, student society or community group planning to speak up before Holyrood 2026, this is the rulebook you will be expected to follow, replacing informal guidance with a standard everyone can point to.
The Electoral Commission wrote the Code after consulting campaigners and the Scottish Parliament earlier this year. Ministers have approved it and laid it before MSPs so it carries legal weight as statutory guidance. The Commission says consultation ran from 27 March to 13 June 2025 and focused on clarifying common problem areas such as online material and the so‑called ‘purpose test’.
Let’s keep the key terms simple. Controlled expenditure is money spent on campaign activity that could reasonably be regarded as trying to influence how people vote at an upcoming election. Lawyers call that judgement the ‘purpose test’. If your activity asks voters to back parties or candidates that support a policy, or avoid those who don’t, it is likely to count. The Commission uses those definitions in its draft Scottish Code to help campaigners decide in real time.
When the rules bite is just as important as what they cover. For the 2026 Holyrood election, the Electoral Commission confirms the regulated period runs from 7 January 2026 until polling day on 7 May 2026. Spending on items you bought before January still counts if you use them during that period, and joint or in‑kind support can count too.
Who has to register? Under PPERA, eligible campaigners can spend up to £10,000 on regulated activity in Scotland without registering; above that, you must notify the Commission and appear on its register. If you are not eligible to register, you must not spend over £700. These thresholds are set out in the Commission’s consultation materials and updated Scottish guidance.
What actually counts as spending? Think of paid adverts, leaflets, billboards, candidate scorecards aimed at voters, campaign events and many forms of digital content. The Code draws on the statutory list of ‘qualifying expenses’ in Schedule 8A of PPERA and explains how to decide whether a cost falls inside or outside the rules, with worked examples to reduce guesswork.
Two ideas often confuse people: notional spending and donations. If someone gives you goods or services for free or at a discount of more than 10%, you must value the benefit and, if it’s over £500, record it as a donation and potentially as notional spending when used in your campaign. The Commission’s guidance spells out how to value and record this properly.
Working with others is allowed, but you need to plan it. If organisations agree a common plan and each intends to spend money to achieve it, that can be joint campaigning. The draft Code explains when spending must be reported by each group, and when a lead campaigner can report on behalf of smaller partners. That helps coalitions keep within limits without going quiet.
Why is there a new Code at all? The Scottish Elections (Representation and Reform) Act 2025 added sections 100AA and 100BA to the Political Parties, Elections and Referendums Act 2000, creating a duty for the Commission to produce this Code for Holyrood elections. The Commission must have regard to it, and it can be a defence to show you followed the Code when deciding if your activity was regulated.
So, what should you do next? Map your activity from now to May 2026, set a realistic budget, appoint a responsible person, add clear imprints to relevant materials, and start a simple log for spending, donations and in‑kind support. If you are unsure, ask the Commission early. The aim here is participation with transparency-so your message is heard, fairly and clearly.