Scotland sets 6 Jan start for non-party campaigner code
Scottish Ministers have signed off a new code for non‑party campaigners ahead of the next Holyrood contest, with a January start date now fixed. The change clarifies how charities, unions and community groups must handle campaign spend aimed at voters in Scottish Parliament elections.
The Order was made on 11 November 2025, laid before the Scottish Parliament on 13 November, and will come into force on 17 November, according to legislation.gov.uk. It appoints 6 January 2026 as the date the Code of Practice begins to apply.
Formally titled the Political Parties, Elections and Referendums Act 2000 (Non-Party Campaigner Code of Practice) (Appointed Date) (Scotland) (No. 2) Order 2025, the measure approves the Electoral Commission’s Non‑Party Campaigner Campaign Expenditure (Scottish Parliament Elections) Code of Practice 2025. Ministers approved the draft without modification after consultation and laid a copy before Holyrood.
The Electoral Commission’s code deals with what counts as ‘controlled expenditure’ during the devolved regulated period before a Scottish Parliament election. It addresses whether activity can reasonably be seen as intended to promote or procure the success of parties or candidates, how to treat notional spending, donations to non‑party campaigners and when costs are incurred jointly.
For civic organisations across the North that campaign on cross‑border issues-energy, transport, jobs-this matters. UK‑wide messaging, printed materials or digital activity that reaches Scottish voters could fall within scope if it is aimed at influencing the Holyrood result. The code is intended to give clearer signposts on what to count and when.
Groups planning activity in early 2026 should map anything that targets Scottish voters, review record‑keeping for donations, and check joint working arrangements with partner organisations. If in doubt, the Electoral Commission’s advice service remains the first port of call as the code takes effect.
The rules sit under Part 6 of the Political Parties, Elections and Referendums Act 2000, with the new sections 100AA and 100BA added by the Scottish Elections (Representation and Reform) Act 2025. It’s a reminder that Scotland is setting detailed election guidance tailored to Holyrood rather than defaulting to Westminster templates.
The Order also revokes S.S.I. 2025/288, which had set a start date for a previous version of the code that will now not come into force. For campaigners who pencilled in that earlier timetable, 6 January 2026 is now the firm date to work to.
The Northern Ledger will track any guidance or explainer notes from the Commission in the run‑up to the start date. For now, the message is straightforward: plan for January, keep clean records, and be clear about which activities are designed to influence Holyrood voters.