UK General Election - rules on campaigning for charities

In the run up to the election many charities will enter into public debate on issues that affect the charity such as:

• Environmental charities commenting on wildlife crisis, water pollution, climate change, earth systems collapse
• Refugee charities commenting on immigration, safe legal routes to the UK, and conditions for asylum seekers awaiting decisions on their claims
• Human rights charities commenting on oppressive regimes and war crimes
• Housing charities commenting on the lack of affordable homes; foodbank charities commenting on pay and benefits not covering the essentials

Such activity may enter into the regulatory domain of the Electoral Commission, even if it is not intended as election campaign material. The threshold for regulation by the Electoral Commission is lower than many charities realise - public comments on topical issues can easily be caught by the rules.

What are the rules on campaigning?

Of course, charities are always required to abide by charity law rules on campaigning and political activity. For a reminder on this, see the Charity Commission's 5-minute guide for charity trustees on political activity and campaigning, and for more in-depth guidance see the Charity Commission's CC9 guidance.

The Non-Party Campaigner Code

In addition to the normal rules on campaigning and political activity, charities should be aware of the electoral law requirements set out in the new Non-Party Campaigner Code - effective from December 2023. There are particular electoral laws that apply in the 12 months leading up to a UK general election (including before the election is called):

• If a charity intends to spend over £10,000 on regulated campaign activities (see below) in those 12 months, the charity needs to register with the Electoral Commission as a non-party campaigner
• If the charity's relevant spending then does in fact exceed £10,000 in Wales or £20,000 in England in that period, the charity will be required to report to the Electoral Commission on its spending
• A charity that registers with the Electoral Commission may need to include an imprint on relevant digital materials

Breaching the laws set out in the Code may lead to an offence that may result in a fine or prosecution.

Do the rules apply to my charity?

For any charity wondering whether these rules apply to its activities, the first consideration is whether the charity conducts regulated campaign activities and, if so, whether it does so on a scale that requires regulation. The Electoral Commission regulates activities that meet certain criteria - in essence, those activities that could reasonably be regarded as intended to influence people's voting choice. Determining whether a particular activity constitutes regulated campaign activity is not always clear. In broad terms, though, comments by the charity that are relevant to the political landscape and are made publicly, perhaps at events, on social media or in the press, may be regulated (even if they are not intended as election campaign material).

For many charities, such campaign activities will be conducted on such a small scale that they will not cross the financial thresholds taking them within the regulatory ambit of the Electoral Commission.

Where it is not clear, a charity may need to seek advice as to whether its public comments and activities constitute regulated activity, and so require further action.

For more information, please contact Shivaji Shiva in our Charities team on 0121 227 3724, or complete the form below.