Scottish Ministers have set 6 January 2026 as the start date for the Electoral Commission’s Non‑Party Campaigner Campaign Expenditure (Scottish Parliament Elections) Code of Practice 2025. The appointment is made by the Political Parties, Elections and Referendums Act 2000 (Non‑Party Campaigner Code of Practice) (Appointed Date) (Scotland) (No. 2) Order 2025 (SSI 2025/347). The Order also revokes the earlier appointed date Order (SSI 2025/288), meaning the previous version of the Code will not take effect. These steps are confirmed on the National Archives new legislation listing and the Scottish Parliament’s committee agenda papers noting SSI 2025/288 as an instrument not subject to procedure.
The legal authority sits in sections 100AA and 100BA of the Political Parties, Elections and Referendums Act 2000 (PPERA) as modified by section 25 of the Scottish Elections (Representation and Reform) Act 2025. That Act requires the Electoral Commission to prepare a statutory Code for Scottish Parliament elections, sets a consultation and laying process, and allows Scottish Ministers to appoint the commencement date by Order. The Explanatory Notes make clear the Commission must have regard to the Code when exercising Part 6 functions and that compliance with the Code can operate as a defence where an alleged offence relates to expenditure during a Scottish devolved regulated period.
The Code explains how Part 6 PPERA applies to non‑party campaigners at Holyrood elections. It covers what counts as controlled expenditure, how to apply the purpose test to decide whether activity is aimed at promoting or procuring electoral success, how to treat notional spending and donations, and when spending by more than one organisation will be regarded as joint campaigning. It also confirms that if a UK general election regulated period overlaps with a Scottish regulated period, the UK rules apply for the combined weeks and the Scottish Code does not apply to that overlap.
The timing is deliberate. The Code comes into force the day before the Electoral Commission’s regulated period for the 2026 Scottish Parliament election begins. For that poll, the Commission states the regulated period runs from 7 January 2026 to polling day on 7 May 2026. Spending used during that period counts towards limits even if the commitment to spend was made earlier, so campaigners should check materials and bookings scheduled for use from 7 January onwards.
Scope and thresholds remain anchored in PPERA. Individuals and bodies that are not eligible to register may spend up to £700 on regulated activity. Eligible organisations planning to spend more than £10,000 in Scotland during the regulated period must register with the Commission and appoint a responsible person who is legally accountable for compliance. The Commission’s refreshed Scottish guidance reflects these thresholds and the terminology shift towards ‘registering’ rather than ‘submitting a notification’.
Spending limits are unchanged in primary legislation. Under Schedule 10 paragraph 5 PPERA, a registered non‑party campaigner may spend up to £75,800 on controlled expenditure in Scotland during the regulated period for an ordinary or extraordinary Scottish Parliament election. Where there is a combined regulated period with a UK general election, the UK non‑party rules apply for those combined weeks, as the Code notes.
For charities, unions, business groups and community organisations, the immediate actions are operational. Confirm whether planned activity meets the purpose test and will be used from 7 January 2026. Put in place record‑keeping for controlled expenditure, ensure a responsible person is appointed, and assess any collaboration against the joint campaigning rules to determine whether lead or minor campaigner arrangements are required. The Commission has also consulted on updated digital imprint guidance to sit alongside the Code at the 2026 election, so communications plans should account for imprint duties.
The revocation of the earlier Order removes uncertainty about which text will apply. The No. 2 Order sets a single start date of 6 January 2026 for the approved Code and confirms the previous version will not commence. Campaigners now have a short window to align governance, budgeting and approvals with the statutory guidance before the regulated period opens for Holyrood 2026.