Non-party campaigners: Scottish Parliamentary elections

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Individuals

Overseas voters: advice on proposed changes to the law

The UK Government has announced that it plans to introduce a £100,000 annual cap on donations and loans from overseas voters. The Government’s intention is for this to apply retrospectively to any donations received or loans entered into from 25 March 2026 onwards. These measures would be introduced as part of the Government’s Representation of the People Bill.

The cap would apply to all donations and loans made by an overseas voter, not just those to a single recipient. This means that an overseas voter could not make more than a total of £100,000 in donations and loans to any regulated entities in a calendar year. Donations and loans to Northern Ireland-registered parties from Irish citizens would not be affected.

The Government’s intention is to apply this to donations to parties; non-party campaigners; elected office holders; party members and members associations; recall petition and referendum campaigners; and candidates (subject to legislative consent in Scotland and Wales).

Once the proposed changes to the law come into force, recipients would have 30 days to return any donations received or end any loans entered into on or after 25 March 2026 which exceed the £100,000 annual cap.

No changes have yet been made to the law. Our guidance continues to reflect the law as it currently stands. However, you may wish to consider taking action now so that you are prepared for any future changes to the law, including:

  • Identifying and recording which donations and loans have been made by overseas voters. Overseas voters are identified on the electoral register. If you do not have access to the electoral register, you may wish to seek this information from donors when checking they are permissible.
  • Checking registers of reported donations and loans to identify whether any overseas donor may have donated or lent more than £100,000 in each calendar year
  • Ensuring you have up to date contact details for overseas donors, so you can contact them to seek any declarations required
  • Ensuring that you retain sufficient resources to return donations or end loans from overseas voters if required

This advice is provisional, based on the information that is currently available about these proposals. We will update this advice note once the Government publishes additional information. For further information, please see this ministerial written statement or contact MHCLG.

What makes an individual permissible?

Individuals must be on a UK electoral register at the time of the donation.1  This includes overseas electors. 

If you are left a bequest, and the individual was on the electoral register at any time five years before their death, you can accept the donation.2

How do you check permissibility?

You should use the electoral register to check if an individual is permissible, as this is the best way to ensure the individual is on an electoral register at the time of the donation. Other types of documentation may not be sufficient to guarantee someone is on the electoral register at the time the donation was received.

Registered non-party campaigners are entitled to a free copy of the full electoral register.3

A new version of the electoral register is usually published on 1 December every year, and it is updated regularly. 

You should contact the electoral registration department at the relevant local council in writing for your copy, explaining that you are asking for it as a registered non-party campaigner.4  In your request, you should also ask them to send you all the updates to the register for that year, up until the date the donation was received. You will receive the register in electronic form unless you request a printed version of the register.5

You must check the register and updates carefully to make sure that the person is on the register on the date you received the donation. 

You can find contact details for local authorities through our postcode search.

In special circumstances, people have an anonymous registration. If the individual is anonymously registered, you must provide a statement that you have seen evidence that they have an anonymous entry on the register.6  Evidence will be in the form of a certificate of anonymous registration. You must submit a copy of the certificate with your report.7

You must only use the register for checking if an individual is permissible, or for electoral purposes. You must not pass it on to anyone else, disclose any information on the register that doesn’t appear on the open register or make use of any information on the register for non-electoral purposes.8

What do you need to record? 

You must record: 

  • the individual’s full name  
  • the address as it is shown on the electoral register, or if the person is an overseas elector, their home address9

You may find it helpful to note the person’s electoral number, as a record of your check.

If you have received a bequest, please contact us for advice on checking permissibility and the reporting requirements.

Last updated: 8 April 2026