Scotland non-party campaigner code starts 6 Jan 2026

Scotland has confirmed a start date for the new rulebook that covers unions, charities, student groups and community campaigns at Holyrood elections. Ministers have signed an Order that brings the Non‑Party Campaigner Campaign Expenditure Code for Scottish Parliament elections into effect on 6 January 2026, with the Order itself starting on 17 November 2025, according to legislation.gov.uk (SSI 2025/347).

Why is there a new code at all? The Scottish Elections (Representation and Reform) Act 2025 told the Electoral Commission to prepare a formal Code of Practice on non‑party campaigning. Ministers have approved that code and, once in force, the Commission must have regard to it when doing its job. Following the Commission’s draft publication, the code will operate as statutory guidance for Holyrood elections.

Timing matters for planning. The Electoral Commission’s live guidance states that the regulated period for the 2026 Scottish Parliament election runs from 7 January 2026 to polling day on 7 May 2026. That means the code begins the day before the regulated period opens, so spending you use during that period will count towards your limit even if you bought items earlier.

Who is covered? In simple terms, a non‑party campaigner is any individual or organisation that campaigns around an election without standing candidates. The draft code explains that you may spend up to £700 on regulated activity without being eligible to register; if you intend to spend over £10,000 in Scotland, you must register with the Commission and appoint a responsible person.

A quick test to keep you right: would a reasonable person see your activity as trying to influence how people vote at the coming election? The Commission calls this the “purpose test”, and it’s central to whether your spend is regulated. If the answer is yes, you’re likely in the non‑party rules.

So what sort of spending counts? The draft code lists things like campaign materials made available to the public, press events, canvassing and surveys, rallies and other public events, and transport linked to publicising your campaign. If those activities happen in the regulated period and meet the purpose test, the costs are controlled expenditure.

Donations and discounts also need care. Under PPERA rules explained by the Electoral Commission, anything given towards regulated activity that’s worth over £500 counts as a donation; you must check it’s from a permissible source, value non‑cash support at market rate, and remember that big discounts or freebies can be both notional spending and a reportable donation. Donations from registered political parties are not allowed.

Working with others? Joint campaigning rules say spending by partners in a coordinated plan can be treated as incurred by a lead campaigner and count towards that lead’s limit. Minor campaigners in a notified joint campaign may not need to register separately if their own non‑joint spend stays below the thresholds, but all joint spending must be recorded and reported by the lead.

One more procedural point. Ministers have issued a replacement Appointed Date Order for this code. The new instrument is the “No. 2” Order (SSI 2025/347). It revokes an earlier appointment order from October (SSI 2025/288), noted to Parliament by committees in November. In plain terms, the earlier version will not take effect; the timetable above now applies.

What this means for you as a campaign organiser is straightforward: set a budget that assumes regulation applies from 7 January 2026; keep receipts and a simple spreadsheet from day one; add imprints to public materials; appoint a responsible person if you will cross £10,000; and ask the Commission for advice early if you’re unsure. That way your message reaches voters confidently and compliantly.