Consultation on revised enforcement policy

What we’re consulting on

As the regulator of political finance in the UK, we ensure that parties and campaigners follow the law. If we believe that the law may have been broken, we can take action. This gives voters, parties, and campaigners confidence that the system is fair.

The Political Parties, Elections and Referendums Act 2000 (PPERA) requires us to provide guidance on our investigation powers, and sanctioning of potential offences and contraventions of the act. 

We publish a statutory enforcement policy, which we refer to when running an investigation.

We regularly review the policy and have just completed our latest review. We are running a public consultation on the changes. Your views will help us make this policy as clear and helpful as possible, so that our approach to enforcement is transparent, and can be easily understood.

How to respond

This consultation is open from Monday 16 January until Friday 31 March 2023.
You can respond by

Enforcement Team 
The Electoral Commission
3 Bunhill Row
London EC1Y 8YZ

If you have any questions or require any help to be able to respond, please get in touch on 0333 103 1928.

Changes to the enforcement policy

We have reviewed our enforcement policy. The revised version doesn’t represent significant changes to our operational work, but makes clear how we already work. We’re asking for your views to help make the document as clear as possible. 
Some of the changes we have made include:

  • Revised how we explain our approach to enforcement. This makes it clear how the enforcement policy sits within a wider context.
  • Revised how we explain our approach and added direct references to impartiality. We have made it clear that we will only take enforcement action when it’s necessary and proportionate.
  • Included a new section on our forfeiture approach. This is a process of removing impermissible funds from the system and is usually voluntary. We feel it is helpful for campaigners if we explain our approach.
  • Included recognition of the impact investigations can have on those involved, and that we will be sensitive to this. We have also included reference to our commitment to recognising and taking account of diversity. 
  • Removed an annex advising interviewees on the interview process. This is already provided to anyone invited for interview during an investigation. 
  • Other minor wording changes to improve clarity and provide as much certainty as possible for campaigners. For example, in what circumstances we consider opening an investigation, and our approach to disclosure of information. 

Questionnaire