Charities and campaigning on political issues: guidance
This guidance includes helpful information for charities planning to campaign on political issues, including:
- how can charities engage with political parties and politicians?
- can charities take part in joint or local political campaigns?
- what do charities in Scotland need to do to comply with electoral and charity law?
Please click on each section below to read more about these topics:
What does Scottish charity law say about campaigning on political issues?
Under Scottish charity law, your charity can campaign if:
- it is advancing your charitable purposes
- your governing document does not prevent the activity
- you are not advancing a political party, and
- you can show you are acting in the charity’s interests
Scottish charity law says that an organisation set up to be a political party or to advance a political party cannot be a charity.
Our position is that charities can campaign on political issues to advance their charitable purposes, including during election periods, as long as the requirements of charity law and, where necessary, electoral law are met.
Political campaigning – for example taking a position for or against a change in policy or legislation – is a legitimate way for some charities to achieve what they were set up for, their charitable purposes.
What does this mean in practice?
This means that Scottish charities can, where it advances their purposes, carry out activities that seek to:
- influence government, both central and local
- respond to, promote, oppose or support legislation
- petition and otherwise seek to change public policy
- support or oppose a policy advocated by a political party (but not support or oppose the party itself)
Charities can distribute information or engage in debate about the policies of political parties or candidates where these activities are ways of achieving their charitable purposes.
While charities may choose to engage in political debate, as a charity trustee you must make sure that this activity is in pursuit of the charitable purposes. You must also bear in mind a charity trustee’s general duty to act in the interests of the charity. Among other things this means that you must consider any potential reputational impact on your charity.
What about joint campaigning with another organisation?
If you are campaigning with other charities, you should make sure that the joint activities are consistent with each charity’s purposes.
If you are campaigning with non-charities, you must make sure that they do not compromise your charity’s independence by being associated with any political parties, politicians or candidates standing in an election. You should think carefully before campaigning with non-charities about how this might look to the public and how you can justify the campaigning activity as advancing your charity’s purposes.
There are specific rules about joint campaigning under electoral law that will apply to charities in some in some circumstances. If you are considering campaigning jointly with others you should consult the Electoral Commission guidance on this matter. You can read more about how electoral law affects political campaigning by charities here.
Can we engage with political parties and politicians?
Local, regional and national politicians are often supporters of, and advocates for charities. All charities must be, and be seen to be, independent of, party politics. This applies to political parties and politicians anywhere in the world. Any activity that a charity carries out must be in support of its charitable purposes.
Charities must be especially alert during election periods to ensure that support for particular parties or candidates cannot be inferred from association with them. Trustees should be aware of any conditions attached to a politician’s support, for example being photographed for campaign leaflets or having election material displayed on the premises.
Raising political awareness and encouraging debate can be important ways of helping a charity to advance its purposes. If you are organising hustings the general rule is to invite all the candidates unless there is a clear and objective reason not to. The Electoral Commission guidance on hustings sets out more points to consider.
Encouraging people to register and assisting their ability to vote can also be legitimate ways for charities to advance democracy and civic responsibility. But you must avoid influencing voters over how to use their vote in ways that might suggest political bias.
Some charity trustees are also politicians and they should also read our guidance Who’s in charge – Control and independence in Scottish charities.
During election periods you should ensure that any public events you promote and any material you circulate focuses on the aims of the campaign and not on the positions of politicians or political parties in respect of the issues.
What about local campaigns?
Community based charities may seek to promote, lead or participate in campaigns about issues that affect their local community. For example, a campaign might aim to:
- safeguard a local service or facility threatened with closure
- enhance or protect the local environment
- develop a new service or activity to address an unmet local need
Commonly local politicians will play key roles in such campaigns and they can be important allies. The issue may be a significant focus during local council elections and Parliamentary elections in the constituency.
Before engaging with a local campaign you should ensure that the aims of the campaign are consistent with your charity’s purposes. You should consider how the campaign might affect your charity’s reputation and standing in the community, especially if the issue is divided on party political grounds.
You should take particular care during election periods where your charity’s support for, or opposition to, a local campaign may be viewed as aligning with a particular political party or a candidate seeking election.
What about the Lobbying (Scotland) Act 2016 (the 2016 Act)?
Charities that engage in regulated lobbying must ensure that it is recorded in the Lobbying Register to provide information on who they have lobbied, when and where it happened and what the purpose of the lobbying was.
What constitutes regulated lobbying is set out in law. Guidance on how to register your charity and how to use the Lobbying Register is available from the Scottish Parliament’s Lobbying Register Team.
In short, regulated lobbying includes any oral and face-to-face communications about Scottish Government or Scottish Parliamentary functions with:
- members of the Scottish Parliament (MSPs)
- Scottish Government Ministers, junior ministers and Scottish Law Officers
- The Scottish Government’s Permanent Secretary; or
- Scottish Government special advisers
‘Oral’ communication includes video conferencing and using sign language.
There are a number of exceptions set out in the 2016 Act. You should read the lobbying guidance to decide if the requirements apply to your charity.
When does electoral law apply to charities?
The principal law regulating political campaigning activity is the amended Political Parties, Elections and Referendum Act 2000 (PPERA).
In many cases, PPERA will not apply to the campaigning activities of charities in Scotland, but sometimes it will. It applies to spending on 'regulated campaign activity' (some aimed at the public) during the 'regulated period'.
Your charity must register with the Electoral Commission as a non-party campaigner if it spends (or plans to spend) more than £10,000 on 'regulated campaign activity' that counts as 'qualifying expense', including staff costs.
The Electoral Commission maintains a public register of non-party campaigners in the lead-up to an election. They do not publish personal details such as names, addresses and phone numbers.
What does my charity need to do to comply with electoral law?
If your charity spends (or plans to spend) over £10,000 on regulated campaign activities, then before doing so you will need to register with the Electoral Commission and follow their rules.
If your charity produces printed or digital campaign material, including emails and social media posts, which meet the ‘purpose test’ and will be made available to the public, you must include an imprint. This means it must contain details showing who is responsible for the material. See the Electoral Commission guidance on imprints for more information.
Do we have to comply with electoral law and charity law?
Yes. You always have to comply with charity law and if your activities are regulated under electoral law, you must comply with that too.
What happens if someone thinks my charity has broken the law?
If someone raises a concern with us about your charity campaigning on political issues we will assess and deal with it in line with our Inquiry Policy.
The Electoral Commission has advice on its website about what happens if it receives a complaint about a breach of electoral law.
The Lobbying (Scotland) Act 2016 places a duty on the Commissioner for Ethical Standards in Public Life in Scotland to investigate and report on admissible complaints into non-compliance. More information can be found at the Lobbying Register and from the Scottish Parliament’s Lobbying Register Team.
Where can I get more information?
From the Lobbying Register Team at the Scottish Parliament. The Team is responsible for maintaining the Register and producing lobbying guidance.
From the Electoral Commission. It has a range of guidance on electoral law and non-party campaigners, which includes charities. Each year the Commission publishes specific guidance for elections happening that year.
From a charity law specialist. If you plan to campaign during an election period, you may wish to get independent legal advice. Lawyers specialising in charity law can be found from the Law Society of Scotland.