Scotland sets 17 Nov start for non-party campaigning code
Campaigners planning to speak up at Holyrood have a date to circle: Monday 17 November 2025. Scottish Ministers have approved the Electoral Commission’s statutory Non‑Party Campaigner Code of Practice and laid it before the Scottish Parliament, putting clear rules in place months ahead of polling day on 7 May 2026.
The Order-signed on 21 October and laid on 23 October-brings into effect the Code prepared by the Electoral Commission after consultation with the Scottish Parliament and civic groups. Ministers have approved the draft and set an appointed date so campaigners know where they stand well before the regulated period.
In plain terms, the Code explains what spending counts as ‘controlled’ during Holyrood election periods, how to apply the purpose test, how to treat notional spending and donations, and what happens when organisations run joint campaigns. The Commission must have regard to it, and compliance can be a legal defence.
For groups across the North who campaign over the border-trade union regions, climate networks, housing alliances-the rules bite when material is aimed at the public in Scotland, including digital adverts targeted at Scottish voters. The regulated period for the 2026 Scottish Parliament election runs 7 January to 7 May.
Two thresholds matter. If you are not eligible to register, you must stay under £700 of regulated spend. If you are eligible and plan to spend over £10,000 in Scotland, you must register with the Commission, appoint a responsible person and follow the reporting rules.
Registered non‑party campaigners have an overall spending limit of £75,800 for Holyrood elections, and those who pass the reporting threshold must file a spending return within three months of the end of the regulated period. Joint campaigning rules mean spend can be attributed across partners.
If a Holyrood regulated period ever overlaps with a UK general election regulated period, different provisions can apply. The UK statutory code covers non‑party campaigning at reserved elections and only reaches Holyrood when there’s a combined regulated period.
Separate work is also under way on statutory guidance for digital imprints at Scottish elections. Expect firmer expectations on who is responsible for election material, online and offline, and plan imprint templates alongside your content calendar.
The legal footing for all this sits in the Scottish Elections (Representation and Reform) Act 2025, which inserted sections 100AA and 100BA into PPERA and came into force in April via commencement regulations. Those sections require a Scottish code and set the approval process.
Bottom line for Northern organisers: the rules are now on a statutory footing in Scotland, the Code takes effect on 17 November, and the regulated period begins on 7 January. Build budgets, document donations, agree any joint‑campaign arrangements in writing and avoid last‑minute scrambles in spring. The Commission says updated guidance for Holyrood 2026 will follow.