Draft Code of Practice for Scottish non-party campaigners

Some individuals and organisations, that are not registered political parties, campaign for or against political parties or candidates or on issues around elections without standing candidates themselves.  

In electoral law, these individuals and organisations are defined as third parties. The Commission refers to them as non-party campaigners.  

There are laws that non-party campaigners must follow on campaign spending, donations, and reporting.

Many individuals and organisations campaign in the run up to elections and meet the definition of a non-party campaigner but are not covered by the regulatory regime.  

Who is covered by the law

The law on spending and donations apply to non-party campaigners who spend more than £700 on regulated campaign activity1 .  

A non-party campaigner can only spend more than £700 on regulated campaign activity if they are listed in section 88(2) PPERA as eligible to give a notification to the Commission (ref s89B(1)(Scotland) PPERA) It is an offence to spend more than £700 on regulated campaign activity if the non-party campaigner is not listed in s88(2) as eligible to give a notification to the Commission2 .

Eligible non-party campaigners intending to spend more than £10,000 on regulated campaign activity must submit a notification to the Commission following which they will appear on the register of notifications. It is an offence to spend more than £10,000 without submitting such notification3 . 

Registered non-party campaigners and the responsible person

Once a non-party campaigner appears on the register of notifications, following submission of a notification, the Commission will refer to them as a ‘registered non-party campaigner’.

Following its submission of a notification to the Commission, the registered non-party campaigner must appoint a ‘responsible person’. The responsible person is legally responsible for compliance with PPERA4 . 

If an individual registers as a non-party campaigner, there is no need to appoint a responsible person as they are automatically the responsible person.

Non-party campaigning law only apply to regulated campaign activity. Not all non-party campaign activities are regulated.

Activities that may be regulated 

Spending on the following activities is regulated if (i) it occurs in relation to a general campaign during a regulated period and (ii) it meets the purpose test:

• press conferences or other media events organised by the non-party campaigner
• transport in connection with publicising the campaign
• production or publication of campaign material which is made available to the public at large or any section of the public
• canvassing and market research seeking views or information from members of the public
• public rallies or other public events1

See section on ‘the public’ for the meaning of the public for the purpose of regulated campaign activities.  

Regulated period

Spending by non-party campaigners is regulated in the period before an election to the Scottish Parliament. This is defined in PPERA as the ‘Scottish devolved regulated period’ and referred to in PPERA as the ‘relevant period’. In this Code it will be referred to as the ‘regulated period’.    

The regulated period for non-party campaigners at an election to the Scottish Parliament is usually the four-month period up to and including the day of the poll2 . Elections to the Scottish Parliament are usually held on the first Thursday in May in the fifth calendar year following that in which the previous election to the Scottish Parliament was held, in accordance with s2(2) Scotland Act 1998 (the ‘1998 Act’). The date of the poll can be brought forward or postponed up to one month under section 2(5) of the 1998 Act.  

Where the date of the poll is brought forward no less than five months before the day on which the poll would have taken place under s2(5) of the 1998 Act or the date of the poll is postponed no less than four months before day on which the poll would have taken place under s2(5) the 1998 Act the regulated period starts four months  before that new polling date and ending on that new date of the poll.

If the date of the poll is varied outside the above timeframes, the regulated period starts four months before the date on which the poll would have taken place under s2(2) 1998 Act and ending on that date.

Where an extraordinary general election to the Scottish Parliament3  is called, the regulated period starts with the date when the Presiding Officer proposes a date for the election and ends on the day of the poll4 .

The Commission produces updated guidance on specific elections (including regulated periods) on its website.

Combined Regulated Periods  

The regulated period for an election other than to the Scottish Parliament may be relevant if it overlaps with the regulated period for a Scottish Parliament election. Where two or more regulated periods overlap, a combined regulated period applies to the relevant part of the UK.  The Electoral Commission produces updated guidance for non-party campaigners for specific elections, including combined regulated periods where relevant.   

Purpose test

Spending on campaign activities by non-party campaigners is only regulated if it can reasonably be regarded as intended to promote or procure the electoral success of:

• one or more political parties  
• political parties or candidates who support or do not support particular policies or
• another particular category of candidates

by influencing voters at an upcoming relevant election to vote in a particular way. See definition of ‘relevant elections’ above.  

Whether an activity can reasonably be regarded as intending to influence voters to vote in a particular way is commonly known as the ‘purpose test’.  

The purpose test must be applied to your intention at the time the spending on the activity is incurred.  

If spending was incurred prior to the regulated period but the activity takes place during the regulated period, the purpose test must be applied to your intention at the time the activity takes place.

While these are not set out in PPERA, there are a number of factors that can help to determine whether campaign activity can be reasonably regarded as intended to influence voters to vote in a particular way at an upcoming election. These are:  

1. Call to action  
2. Tone  
3. Context and timing  
4. How a reasonable person would see the activity

No single factor on its own will determine whether or not a particular campaign activity meets the purpose test. Rather all of the relevant factors taken together will determine whether a campaign activity meets the purpose test.  

The Commission uses these factors when considering whether an activity meets the purpose test:  

1. Call to action  

A campaign that involves a call to action to voters to vote in a particular way at an upcoming election is likely to be reasonably regarded as promoting electoral success for a particular party or category of candidates and so meets the purpose test. The call to action may be explicit, or implicit.  

A campaign that explicitly promotes particular parties or candidates, or implicitly promotes certain political parties or candidates over others, is likely to meet the purpose test.  

It is unlikely that a public campaign without an explicit or implicit call to action to voters will meet the purpose test.

2. Tone 

A campaign that is positive or negative towards a political party or parties, a category of candidates or a policy closely and publicly associated with a party or category of candidate is likely to be reasonably regarded as intending to influence voters to vote in a particular way and so meet the purpose test.  

A campaign that makes a voter think of a particular political party or category of candidates is likely to be regarded as intended to influence voters to vote in a particular way and so meets the purpose test.  

3. Context and timing

A campaign on an issue or policy that is a prominent issue at the time the campaign activity takes place, that also meets the other factors, is likely to be reasonably regarded as promoting the electoral success of a particular party or category of candidates and so meet the purpose test.  

A campaign that starts close to the date of an election and also meets the other factors, is more likely to be reasonably regarded as intending to influence voters to vote in a particular way at the upcoming election.  

An ongoing campaign is unlikely to be reasonably regarded as intending to influence voters to vote in a particular way at the election.  

4. How a reasonable person would see the activity  

Campaign activity will only meet the purpose test if a reasonable person would regard the activity as intending to influence voters to vote in a particular way at an upcoming election.

Multi-purpose campaigns

An activity that meets the purpose test, may have other aims as well as being ‘reasonably regarded as intended to influence how people vote’.  

It is immaterial whether an activity can reasonably be regarded as intended to achieve another purpose or purposes if it can also be reasonably regarded as intending to influence voters to vote in a particular way5 .  

For example, a campaign activity is intended to achieve two purposes, purpose X and purpose Y. If purpose X meets the purpose test, it is irrelevant that purpose Y does not also meet the purpose test.

Meaning of ‘the public’  

The meaning of ‘the public’ will need to be considered in relation to the following campaign activities when determining whether spending on the activity is regulated.  

• Canvassing and market research of the public  
• Public rallies and events  
• The production or publication of material

‘The public’ has no statutory definition and therefore needs to be considered in its ordinary meaning.  

Canvassing and market research  

Canvassing and market research that meets the purpose test and take place during a regulated period will only be regulated campaign activity if it seeks the views of or information from the general public.  

Rallies and events  

Rallies and events that meet the purpose test and take place during a regulated period will only be regulated campaign activity if they are open for anyone to hear, see or attend.  

Where access to the rally or public event is limited by the non-party campaigner so that the general public are unable to take part, this will not be regulated.  

The production or publication of material  

Campaign material will only be regulated campaign activity if the material is made available to the public or any section of the public by the non-party campaigner.  

Whether the material is publicly available is determined by who has access to that material:

• campaign material that is made available to the public or a section of the public

Campaign material that is made available for the public or a section of the public to hear or see will be public and will be regulated campaign activity if it also meets the purpose test and takes place during a regulated period. This applies regardless of the means by which the material is distributed, for example by print or digitally.  

• campaign material that is only made available to people who have chosen to receive the information

Campaign material that is only made available by the non-party campaigner to a closed group of members or people who have chosen to receive the information, will not be regulated.  

Where access to campaign material is limited in such a way that the public would not be able to access that material, this is not regulated campaign activity. This applies regardless of the means by which the material is distributed, for example by print or digitally.  

Where access to campaign material is restricted by the non-party campaigner to a group of people who have signed up to receive that material, those activities will not be regulated. For example, where access is restricted to members, or supporters, this will not be regulated.   

Notification threshold

Non-party campaigners intending to spend more than £10,000 on regulated campaign activity in the regulated period before an election to the Scottish Parliament must submit a notification to the Commission1 . This is referred to in this Code as the ‘notification threshold’. In Commission guidance or correspondence with the Commission you may see this referred to as the ‘registration threshold’. 

Eligible non-party campaigners

Non-party campaigners are not permitted to spend more than £700 on regulated campaign activity unless they are eligible to give a notification to the Commission by virtue of s.88(2) PPERA. Only individuals or organisations described in s.88(2) PPERA are eligible to submit a notification to the Commission2 . These are:

• an individual registered on a UK electoral register or resident in the UK;
• a UK registered company which is incorporated in the UK and carries on business in the UK; 
• a UK registered trade union,  
• a UK registered building society;  
• a UK registered limited liability partnership which carries on business in the UK;  
• a UK registered friendly, industrial, or provident society,  
• an unincorporated association that has its main office in the UK and carries on the majority of its business or other activities in the UK;  
• a body incorporated by Royal Charter;  
• a UK charitable incorporated organisation;  
• a Scottish partnership which carries on business in the UK.  

Organisations are prohibited from registering as both a non-party campaigner and a political party3 .

An eligible non-party campaigner may spend up to £10,000 across the UK without notifying the Commission4 .  

Before spending more than £10,000 on regulated campaign activity, an eligible non-party campaigner must submit a notification to the Commission5 .

Non-party campaigners taking part in a joint campaign may meet the notification threshold as a result of the law on joint campaigning, without incurring spending directly themselves. See the section on joint campaigning.  

Reporting thresholds 

Registered non-party campaigners who spend more than £10,000 on regulated campaign activity must record and report their spending and donations to the Commission6 . This is known as a ‘reporting threshold’7 .

Maximum spending limit for non-party campaigners

There are spending limits that restrict the total amount a non-party campaigner can spend on regulated campaign activity during the regulated period. The spending limit for controlled expenditure which can be incurred by or on behalf of a registered non-party campaigner is £75,800 as set out in Paragraph 5 Schedule 10 PPERA. Combined regulated periods will have different spending limits8  and more information will be found in the Commission’s guidance.

Reporting requirements 

All registered non-party campaigners must comply with the law on spending and accepting donations. Only registered non-party campaigners who meet the reporting thresholds must report their spending and donations.  

Registered non-party campaigners who meet the reporting thresholds must submit a spending return that details their spending on regulated campaign activity and any donations received for the purpose of meeting spending on regulated campaign activity9 . See the section on donations. The spending return must be submitted to the Commission within three months of the end of the relevant regulated period10 .

Please note that if you plan to spend over £10,000 at an election to the Scottish Parliament, you must notify us, and report your spending after the election

Controlled expenditure is any spending incurred in respect of regulated campaign activity. Schedule 8A PPERA sets out the list of qualifying expenses that fall within the regulatory regime.

General guidance  

Campaign activity before an election is announced

An ongoing campaign on a particular issue that was carried out before an election was announced is unlikely to be reasonably regarded as intending to influence voters to vote in a particular way at an upcoming election if there is no upcoming election.  

If an ongoing campaign continues unchanged once the election is announced, it is unlikely to be considered regulated campaign activity.

If activity around an ongoing campaign increases or is altered in the run up to an election in a way that means the activity meets the purpose test, i.e. the activity could now be reasonably regarded as intending to influence voters to vote in a particular way, it may be considered regulated campaign activity. From the point the campaign is considered regulated campaign activity, only the costs associated with that campaign are likely to be controlled expenditure and must be treated as such.  

A campaign may still be considered regulated campaign activity where it is intended to achieve another purpose other than influencing voters if the campaign can be reasonably regarded as intending to influence voters to vote in a particular way at an upcoming election.  

Re-using items paid for and used at a previous election

Non-party campaigners may re-use items from previous elections. Spending on items that were paid for and used at a previous election and were reported in full in a previous spending return do not need to be reported again in the spending return for the same non-party campaigner at the current election if they are used again without alteration. All new costs relating to their re-use, including storage, cleaning, or the cost of altering the items must appear in the spending return.  

Apportionment of items for subsequent elections

Items that have been paid for and used during a regulated period cannot be apportioned or reported solely on the basis that they will be used again during a subsequent regulated period. The full value of the spending must be reported in the spending return.  

Unused items

Items that have been paid for by a non-party campaigner, but have not been used during the regulated period, do not need to be reported in the spending return.  

If those items are then used at a future election, the spending would need to be reported in relation to that election, as an item paid for prior to the commencement of the regulated period.  

Items paid for prior to the commencement of the regulated period

Where spending was incurred prior to the start of a regulated period on items that are used during the regulated period, the spending on those items must be reported in the spending return1 .  

Items provided free of charge or at a discount

Where any items are provided free of charge or at a discount, the appropriate amount must be reported in the spending return as notional spending and/or a donation. See definition of appropriate amount above.  

Apportioning spending

Where spending on an item or activity was incurred partly in connection with regulated campaign activity and partly in connection with non-regulated activity, the amount that must be reported is the proportion that reasonably reflects the amount spent in connection with the regulated campaign activity.  

Only the regulated campaign spending must be reported in the spending return.  

VAT

Spending must be reported inclusive of VAT where applicable, even where VAT can be recovered.  

Overheads  

Overheads that are directly attributable to regulated campaign activity must be reported.  The amount that must be included in the spending return is the proportion that reasonably reflects usage during the campaign.  

Where there is no increase in spending on overheads beyond the normal spending incurred by a campaigner, spending on overheads will not be regulated.  

Where there is an increase in the cost of overheads incurred by a campaigner as a result of regulated campaign activity, that increase in spending must be reported.  

The proportion that reasonably reflects usage is generally the cost that is incurred over and above the usual costs in a given period. Where an apportionment of overheads is necessary, an aggregated figure for each overhead is sufficient to meet the reporting obligations.

Overheads can include items such as: 

• office space
• electricity bills
• the provision of phone lines and internet access
• mobile phones
• the provision of office equipment of any kind

The cost of water, gas and council tax are not costs that need to be reported as they are not sufficiently closely connected to the regulated activity. 

Staff costs

Staff costs that are directly attributable to regulated activity must be reported. Only staff costs that are incurred as a result of regulated campaign activity need to be reported.  

Where staff costs can only be partially attributed to regulated activity, the costs must be apportioned and only the portion attributed to regulated activity must be included in the spending return.  

Where an apportionment of a staff member’s time is necessary, an aggregated figure for all staff time attributed to regulated activity is sufficient to meet the reporting obligations.  

The childcare costs of staff members are not expenses that need to be reported as they are not sufficiently closely connected to the regulated activity2 .

Excluded items

Any spending on campaign activity that needs to be reported in the spending return of a candidate or in the spending return of a registered political party, must not be reported in the spending return of a non-party campaigner.  

Schedule 8A  

Schedule 8A PPERA lists the qualifying expenses that are regulated.  

Expenses that fall within the regulatory regime 

• the production or publication of material which is made available to the public at large or any section of the public (in whatever form and by whatever means)
• canvassing, or market research seeking views or information from, members of the public
• press conferences, or other media events, organised by or on behalf of the non-party campaigner
• transport (by any means) of persons to any place or places with a view to obtaining publicity
• expenses in respect of the transport of such persons include the costs of hiring a particular means of transport  
• public rallies or other public events, other than:  
  • annual conferences of the non-party campaigner 

Expenses in respect of such events include costs incurred in connection with the attendance of persons at such events, the hire of premises for the purposes of such events or the provision of goods, services or facilities at them. But expenses in respect of such events do not include costs incurred in providing for the protection of persons or property.

Expenses that fall outside the regulatory regime3   

PPERA specifically excludes the following expenses from the reporting requirements: 

• expenses incurred in respect of the publication of any matter relating to an election, other than an advertisement:
  • in a newspaper or periodical  
  • as a broadcast made by the British Broadcasting Corporation or by Sianel Pedwar Cymru or
• as a programme included in any service licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996  
• expenses incurred in respect of, or in consequence of, the translation of anything from English into Welsh or from Welsh into English
• reasonable personal expenses incurred by an individual in travelling or in providing for the individual's accommodation or other personal needs
• reasonable expenses that are reasonably attributable to an individual's disability
• expenses incurred in respect of the provision of an individual's own services provided voluntarily in the individual's own time and free of charge

Expenses incurred that are reasonably attributable to the translation of anything into languages other than English

Annex A sets out a non-exhaustive list of the kinds of expenses that do, or do not, fall within the meaning of qualifying expenses. 

Non-party campaigners may sometimes use property, services or facilities in their campaign that they did not have to spend money on, because the item or the services were provided as a benefit in kind, for free, or at a non-commercial discount.  

This is known as ‘notional spending’. 

Discounts

Non-commercial discounts

Non-commercial discounts are special discounts given to the non-party campaigner. This includes any special rates which are not available on the open market.  

When this happens, the full commercial value of the item or the services will count towards the spending limit and must be reported in the spending return.

Commercial discounts

Commercial discounts are those available to other similar customers, such as discounts for bulk orders or seasonal reductions. These are not treated as notional spending. 

Notional spending

Items or services used by or on behalf of a non-party campaigner will be treated as notional spending if:

• the property, services or facilities are provided free of charge or at a discount of more than 10% of the commercial rate for the use or benefit of the non-party campaigner, or in the case of the transfer of property it is transferred free of charge or a discount of more than 10% of market value1   
• the difference in value between what is provided and what is paid by the non-party campaigner is over £2002
• they are made use of by or on behalf of the non-party campaigner and
• if the expenses had been incurred by or on behalf of the non-party campaigner in respect of that use, they would have been controlled expenditure3 .  

The items or services are only used on behalf of the non-party campaigner if that use is directed, authorised or encouraged by the non-party campaigner or the responsible person.

The value of the notional spending is the difference between the total value of what was transferred or provided and the amount that was paid, if anything.  

The non-party campaigner must record both:  

• the value of the notional spending
• the total amount that was paid.

Items or services will not be treated as notional spending if:

• received at a discount of 10% or less or
• the value of the discount is £200 or less.  

Value of notional spending

Where an item is treated as notional spending, an ‘appropriate amount’ must be reported by the non-party campaigner as controlled expenditure.  

Where the notional spending is property transferred to the non-party campaigner, the appropriate amount is the proportion that is reasonably attributable to the use of the item, of either:  

• its market value (where it is transferred free of charge) or
• the value of the discount4 .  

Where the notional spending is property, services or facilities used by the non-party campaigner, the appropriate amount is the proportion that is reasonably attributable to the use of the item, of either:  

• the commercial rate (where is it provided free of charge) or  
• the difference in value between the commercial rate for an item or service and the price that was actually paid by the non-party campaigner5 .

Donations

The goods, services or facilities must be provided or transferred to the non-party campaigner to be treated as notional spending.  

This means that any notional spending will also be a donation to the non-party campaigner.

The difference in value between the market value or commercial rate, and the price paid, if any, must be dealt with in accordance with the law on donations to non-party campaigners and may need to be reported to the Commission.

Working with registered political parties

Non-party campaigners may also work with a registered political party, and provide property, services or facilities free of charge or at a non-commercial discount.  

If the registered political party use the goods, services or facilities during their campaign, this must be treated as notional spending on behalf of the registered political party6 . This will also be treated as a donation by the non-party campaigner to the political party7 .

It must be reported by the registered political party and will count towards the party’s spending limit.

It will not count towards the non-party campaigner’s spending limit and is not required to be recorded in the spending return for the non-party campaigner.

Working with other non-party campaigners

Non-party campaigners may decide to work together on a campaign. Where the non-party campaigners work together on regulated campaign activity, the law on joint campaigning may apply.  

The law on joint campaigning apply to registered and un-registered non-party campaigners1 .  

A non-party campaigner takes part in joint campaigning where the following circumstances are all present:

• they enter into a plan or other arrangement with one or more other non-party campaigners
• all non-party campaigners involved intend to incur controlled expenditure in pursuance of that plan or arrangement  
• one or more of the non-party campaigners involved actually incurs controlled expenditure in pursuance of the plan or arrangement and  
• that plan or arrangement can reasonably be regarded as intending to achieve a common purpose2 .  

All of the spending on the joint campaign counts towards the spending limit of each of the non-party campaigners involved in the joint campaign.  

What is joint campaigning

There must be more than one non-party campaigner

An existing umbrella organisation that makes decisions about their campaign activity independently will not be joint campaigning unless they enter into a plan or arrangement with other non-party campaigners in which they all intend to incur controlled expenditure.  

A new organisation set up to carry out campaign activity that constitutes a group of other organisations and then spending money is not joint campaigning.  

There must be an agreed understanding that controlled expenditure will be incurred to achieve the common purpose

If there is no intention to incur expenditure there is no joint campaigning. For example, if it is agreed that all activity will be carried out by volunteers no spending will be incurred and there will be no joint campaigning. 

There must be an agreed understanding as to the scope and purpose of the campaign

Non-party campaigners who happen to campaign about similar or related issues are not joint campaigners.

There must be an agreed understanding between the non-party campaigners that each of them will incur controlled expenditure to achieve the common purpose

All controlled expenditure incurred in pursuance of the plan or arrangement will fall within the joint campaigning controls.  

Joint campaigning is not simply:

• transferring or lending items to another campaigner or
• providing money to another campaigner

This must be treated as notional spending or a donation and dealt with in accordance with the appropriate law.  

Even if one of the non-party campaigners involved in the plan or arrangement does not incur their share of agreed expenditure, any expenditure incurred will still be joint campaigning and must be reported by all non-party campaigners involved.  

Any controlled expenditure incurred by a non-party campaigner that goes beyond or is incurred outside of the agreed plan or arrangement, is not part of the joint campaign but will still count towards the spending limit of the non-party campaigner incurring the expenditure.  

Only spending that was agreed as part of the joint campaign counts towards the spending limit of the other non-party campaigners involved in the joint plan.

Examples of joint campaigning 

• Campaigner A and campaigner B agree to run a campaign encouraging voters to vote for candidates who support a particular issue. Both campaigner A and campaigner B intend to incur controlled expenditure as part of the campaign. Campaigner A and campaigner B both incur expenditure on the joint campaign. This is joint campaigning, and the spending should be treated as such.  
• Campaigner A and campaigner B agree to run a campaign encouraging voters to vote for a particular political party. Both intend to incur controlled expenditure as part of the joint campaign. Campaigner A incurs expenditure on the joint campaign, but campaigner B never spends their intended share. This is joint campaigning, and the spending should be treated as such by both campaigner A and campaigner B.
• Campaigner A and campaigner B agree to run a campaign encouraging voters to vote for a particular political party. Both intend to incur controlled expenditure as part of the joint campaign. Neither campaigner ends up incurring any controlled expenditure on the joint campaign. No joint campaigning has taken place.

Activities that are joint campaigning

Non-party campaigners who engage in the following, non-exhaustive list of activities are likely to be joint campaigners:  

• A joint advertising campaign, whether digital, electronic or via other means, involving joint leaflets or joint events.  
• A co-ordinated campaign; for example where it is agreed which areas are to be covered, which issues raised or which voters targeted.
• Joint working where one party can veto or must approve another party’s material.   

Activities that are not joint campaigning

Non-party campaigners who engage in the following, non-exhaustive list of activities are unlikely to be joint campaigners:  

• endorsing another campaign by allowing your logo/brand to be used without any financial commitment or further involvement.  
• adding your signature to a letter alongside other non-party campaigners without any financial commitment. 
• speaking freely at an event organised by another non-party campaigner without any financial commitment. 
• holding discussions about areas of common interest without coordinating campaign activity. 
• making a donation to another non-party campaigner is not joint campaigning. See sections on notional spending and donations.

Reporting spending on a joint campaign  

Where there is a joint campaign, all of the spending on that joint campaign counts towards the spending limit of each of the non-party campaigners involved in the joint campaign.  

All non-party campaigners involved in the joint campaign that reach the reporting threshold must report all of the spending on the joint campaign unless one of the non-party campaigners agrees to be a lead campaigner. See section on notification and reporting requirements.  

Lead and minor campaigners

Where there is a joint campaign, one of the registered non-party campaigners may agree to report all of the joint campaign spending by each of the non-party campaigners involved in the joint campaign.  

The registered non-party campaigner who agrees to report all of the joint campaign spending is known as the lead campaigner. A non-party campaigner3  whose joint campaign spending is reported by a lead campaigner is known as a minor campaigner4 .  

Where a group of campaigners jointly spend over the notification threshold but some of those campaigners do not reach the notification threshold, the lead/minor campaigner law allow one campaigner, the lead campaigner, to submit a notification to the Commission and report all of the spending on the joint campaign. The minor campaigners do not have to submit a notification.   

Notification of lead campaigner status

A non-party campaigner involved in a joint campaign who agrees to report all of the joint campaign spending must:

• notify the Commission that they are part of a joint campaign, and they will be the lead campaigner, and  
• inform the Commission of the minor campaigners involved in the joint campaign.  

A non-party campaigner may notify the Commission of their lead campaigner status, or the involvement of minor campaigners, at any time before the end of the regulated period5 .  

Reporting by the lead campaigner  

All spending on the joint campaign, whether by the lead campaigner or the minor campaigner(s) will count towards the lead campaigners spending limit during the regulated period6 .  

The lead campaigner must report the spending on the joint campaign by themselves and by the minor campaigners in the spending return after the election, alongside any other campaign expenditure incurred by the lead campaigner separate to the joint campaign.  

Notification and reporting by the minor campaigner

When the lead campaigner notifies the Commission of their lead campaigner status, they must inform the Commission of the minor campaigners involved in the joint campaign.  

For the purpose of determining whether a minor campaigner meets the notification or reporting threshold, spending on the joint campaign must not be included when determining the limits if:  

• the spending is part of a joint campaign that has been notified to the Commission (in which case the minor campaigners spending on the joint campaign will be treated as incurred by the lead campaigner and will count towards the lead campaigners spending limit), and
• the non-party campaigner is a minor campaigner at the time of incurring the spending, and
• the total amount of spending by the non-party campaigner, excluding any spending on the joint campaign, is less than the reporting thresholds7 .  

See section on notification and reporting thresholds.

All registered non-party campaigners must comply with the donation controls in Schedule 11 PPERA that set out who can donate to non-party campaigners.  

Registered non-party campaigners that do not meet the reporting threshold must check whether the donation is from a permissible source, but they are not subject to the donation reporting requirements. See section on reporting requirements.  

Donations covered by the law

The law on donations only applyies to donations that are given to registered non-party campaigners, specifically towards their spending on regulated campaign activity. The laws does not cover money that is received for the organisation’s general purposes.   

For the purposes of donations to non-party campaigners, a donation is:

• money, goods, property or services1   
• given for the purpose of regulated campaign activity2  and
• without charge or on non-commercial terms and with a value of more than £5003 . 

Anything with a value of £500 or less is not a donation for the purposes PPERA.  

Who can donate to a non-party campaigner?

Non-party campaigners can only accept donations from individuals or organisations that are based in the UK on the4 . The list of permissible sources5 , as is set out in s.54(2) PPERA.    

Non-party campaigners must not accept donations from a registered political party6 .

Valuing non-monetary donations

Non-party campaigners must put a value on any non-monetary donation. The value of a donation is the difference between the value of what is received, and the amount, if any, that the non-party campaigner pays for it7 .  

An items that are is received for free or at a non-commercial discount, where the difference in the commercial value and what was actually paid for it is more than £500, is a donation for the purposes of PPERA. 

Checks on donations

When a non-party campaigner receives a donation of more than £500, they must promptly check whether the donation is from a permissible source.  

Where a donation is received via an agent, the non-party campaigner must be able to identify the identity of the true donor8 . The agent must provide details of the true donor9 .

Donations from impermissible or unidentified donors must be returned within 30 days of receipt of the donation10 . Non-party campaigners must keep records of the donations that are received, as well as donations that have been returned. These details must be included when the donation is reported to the Commission.