1.
General Election 2019
Campaigning and
Election Law
Douglas Dowell (NCVO)
Stacey Frier (Bond)
Suhan Rajkumar (Bates Wells)
November 2019

2.
1. Legal Framework
2. Implications for campaigners (you)
What we’ll cover
Political Parties,
Elections and
Referendums Act 2000
(‘PPERA’)
General Elections,
EPEs, devolved
authorities,
referendums
Representation of the
People Act 1983
(‘RPA’)
All elections
(including local
government/councils
etc)
Charities: CC9
Campaigning and
political activity by
charities at any
time
Charities: ‘Charities,
Elections &
Referendums’
Campaigning and
political activities
by charities ahead
of an election

3.
Charity law

4.
charitable purposes• Established for only
• Not charitable if political.
• Can campaign and undertake political activity.
• ONLY if supports delivering
• Not sole and continuing activity
• Never party political
• Must stress independence
Charity Law: Fundamental Principles
Clear
Reasonable
Evidence
Basis
charitable purposes
Always be aware of your objects

5.
Carefully consider CC9 and trustee risk analysis
Charity Commission Guidance on campaigning generally – CC9
Speaking out: guidance
on campaigning and
political activity by
charities
Campaigning
Political activity

6.
• Applies from the period between the announcement of an election and the
date it is held (usually from the formal publication of an election notice)
• Whilst CC9 always applies, the time before an election is particularly
sensitive for charities to navigate and their independence must be
protected
• “The guiding principle of charity law in terms of elections is that charities
must be, and be seen to be, independent from party politics”
• The guidance is shaped around what the Commission deems the key risk
areas for a charity’s party political independence
Charity Commission supplementary guidance –
‘Charities, Elections and Referendums’
Policies Publicity Parties Candidates

7.
Policies
• You must never support a party or candidate or make a donation to a
party or candidate
• A Charity’s policy position on an issue may coincide with, be the same as
or different from one of the political parties
• Fine to continue to campaign on that issue and advocate the charity’s
policy but must stress independence
• Must also take steps to manage the risk of alignment/disparity between
charity and party’s position being so overt that the perception of its
independence is affected
• May still be regulated activity under election law as the test is broader

8.
Publicity
• Must never support a party or candidate
• Must not make a call to vote or attempt to influence voter behaviour - e.g.
explicitly compare charity’s views to those of a candidate or party
• Acceptable to achieve a similar effect through indirect means – e.g. if your
charity supports the opening of 1000 new libraries in England it could
outline the position of each party on that policy position
• Can publish a manifesto in order to publicise the charity’s core issues,
where the charity is trying to persuade parties to adopt the policies which
it advocates, or is trying to raise the public profile of those issues. Not
acceptable where the intention is to influence voter behaviour
• Must refuse any request to be mentioned in a party manifesto
• Also consider the government/local authority pre-election period - risk to
funding/relationship?

9.
Candidates and Parties
• You must never support a party or candidate or make a donation to a
party or candidate
• You can invite candidates and party representatives to public meetings
about the charity’s issues, i.e. speak at a reception or debate, but cannot
be seen as endorsing, supporting, or prejudicing a party or candidate
• To combat this, CC advises inviting as broad a spectrum of candidates
as possible – this is complex area as charity and election law can conflict
here
• You can engage with candidates but must be wary of becoming
associated in the minds of public with a candidate or party – you must
manage the risk that candidates may think it is of benefit to their profile to
publicly support the charity

10.
• Charity Commission report on GE 2015 charity issues highlighted risks of
social media. E.g. Brent Private Tenants’ Rights Group Limit were subject to
engagement with the CC as the charity’s twitter account was used
inadvertently by a staff member to air support for a specific party (note no
regulatory action was taken as accepted in error)
You should remind staff, volunteers and officers:
• Should a candidate/party associate themselves with charity content or
policies, re-tweeting them may be seen as an endorsement;
• To avoid use of party political or party campaign hashtags; and
• To ensure that personal views of staff are not conveyed through any charity
platform or with charity branding – senior staff are a higher risk as even using
personal channels may be seen to be speaking on behalf of the charity.
• To have controls/training in place to ensure that staff are aware of their
responsibilities in this time and need to separate work and personal use of
social media.
Risk area: social media

11.
Election law

12.
The two election law regimes: the RPA and PPERA
• The RPA governs local campaigns
– Defined by EC as “non-party campaigns for or against one or more
candidates in constituency, ward or other electoral area”
– Applies from dissolution of Parliament (in the case of a general election)
until the election: 6 November 2019 – 12 December 2019
– Regulated by the police/CPS
– Charities are very unlikely to carry out activity subject to the RPA
• PPERA governs general campaigns
– Defined by EC as “non-party campaigns for or against a political party,
policy, issue or a particular type of candidate.”
– Applies during the regulated period before an election.
– Regulated by the Electoral Commission
• Electoral Commission guidance implies a clear distinction between
PPERA and the RPA but both can apply to some campaigns

13.
General campaigning
rules - PPERA

14.
The Political Parties Elections and Referendums
Act 2000 (PPERA)
• Introduced after political funding ‘scandals’ to give transparency on
donations and spending of parties
• Third party campaigners which are seen to be trying to influence an
election outcome are also covered by the rules
– Aimed at large scale advertising campaigns
– Partly an anti-avoidance measure
• Created a framework of:
– Registration with the Electoral Commission
– Spending and donation controls
– Reporting requirements
• Lobbying Act in 2014 significantly widened PPERA’s scope

15.
ELECTORAL LAW: ARE YOU SPENDING ENOUGH TO NEED
TO WORRY?
• You only need to register with the Electoral Commission if you’re spending more than
these amounts on regulated activity:
• England: £20,000
• Scotland, Wales or Northern Ireland: £10,000
• If you know your campaign budget (including staff time) is definitely under this, you won’t
need to register even if the activity is regulated
• But don’t forget constituency limits – you can’t spend more than £9,750 in any one
constituency (including their share of any general campaigning you’re doing)
• You still need to follow charity law and guidance

16.
How PPERA works for non party campaigners
In the regulated period leading up to certain elections, PPERA regulates
spending which may be seen as intended to influence the election
outcome and donations received to support that spending.
Length of regulated period depends on election:
A general election = 12 months up to the election
EPEs, Scottish Parliament, Welsh/NI Assembly = 4 months
e.g. 2019 General Election: 12 December 2018 – 12 December 2019
12 month GE regulated period can be retrospective

17.
Retrospective regulated periods
2017…

18.
For this election: the regulated period started on 12 December 2018
Retrospective regulated periods
September 2019…

19.
IT’S A SNAP ELECTION – BUT THE ELECTORAL
COMMISSION WILL TAKE THAT INTO ACCOUNT
• The retrospective nature of the regulated period worried some campaigners in 2017,
though the Electoral Commission offered some reassurance
• The guidance is much clearer about this now
• Many campaigns are purely issues-based rather than focusing on candidates or
parties, and issues may not be sufficiently closely and publicly associated with a
party, parties or category of candidates to meet the purpose test.
• You are unlikely to be reasonably regarded as intending to influence people to vote
in an election when you do not know or expect that the election is happening – and
where this was the case, your activity is unlikely to have met the purpose test.
• The specific GE 2019 guidance says: ‘However, most campaign activity undertaken before
an election is announced is unlikely to meet the purpose test.’

20.
WHAT ARE THE EXCEPTIONS?
• If you ran campaigns which met the purpose test in a different election in the regulated
period, then they are regulated activity:
• European Parliament elections (23 May 2019)
• Local elections (2 May 2019)
• If you anticipated or made reference to the future election before it was announced, that’s
more likely to meet the purpose test:
• this is less likely to affect charities
• the Electoral Commission gives ‘Vote Conservative in the coming election’, or ‘Unseat
MPs who voted for austerity’ as examples

21.
Recap: registration and spending limits – general
elections
• If you may spend more than:
– £20,000 in England, or
– £10,000 in any of Scotland, Wales or Northern Ireland
• Then you must register with the Electoral Commission before you
exceed that registration threshold
• What if we won’t cross those thresholds?
– Think about charity law and some compliance requirements – but
broadly, nothing to worry about!

22.
• Additional administrative burden
– Keeping invoices
– Tracking spending
– Reporting spending (published to the public)
– Controls on donations you can receive
• Higher spending limits
– £479,550 in England
– £73,400 in Scotland
– £55,259 in Wales
– £37,550 in Northern Ireland
– Adds up to £645,759, but due to attribution rules, in practice
overall limit for a UK-wide campaign is generally £584,817
Registered non-party campaigners at
General Election 2019

23.
Other spending limits to consider
Targeted spending rules: if your campaign can reasonably
be regarded as intended to influence voters to vote for one
particular political party or any of its candidates and no
others, then you will have access to a lower registered
spending limit
Designed to catch organisations such as Momentum –
but could apply to some other campaigns
Constituency spending limits: £9,750 per constituency if
spending is “wholly or substantially confined to a particular
constituency or constituencies” and has “no significant
effect” in other constituencies
You must split your national spend between constituencies
equally unless your activity is wholly or substantially
confined to one or more particular constituencies.
Unclear boundaries between constituency level limits under
PPERA and the RPA

24.
Are you incurring PPERA regulated spending?
One way to determine whether spending is regulated by PPERA is to
apply 3 tests:
1. Activity test 2. Public test 3. Purpose test

25.
The Activity Test
– Material made available to the public by whatever means
(eg leaflets, adverts, websites, social media, reports, etc)
– Canvassing or market research seeking views or
information from members of the public.
– Press conferences or other media events, organised by or
on behalf of the non party.
– Transport of persons to any places with a view to obtaining
publicity.
– Public rallies or other public events, other than annual
conferences of the third party (including all expenses in
respect of events - eg premises hire, provision of goods,
services or facilities)
Spending on the following activities may be regulated under PPERA:
Including all associated staff time costs and other overheads

26.
The Activity Test - exceptions
– Volunteer time (but expenses will be caught)
– Publications in newspapers and periodicals (other than paid ads)
– Interviews on BBC and other broadcast media where there is a
duty of impartiality - eg local radio, sky, C4 (but video on demand
will be caught)
– Translations from Welsh to English
– Reasonable non-reimbursed personal travel expenses
– Reasonable expenses attributable to disability
– Security costs for meetings
– Website content may not be regulated if not promoted by email,
twitter, facebook viral marketing (but risky)
The following activities will not result in regulated spending under
PPERA:

27.
The Public Test
Expenditure generally will not be regulated if it is not
directed towards the public.
EC guidance states that an organisation’s ‘members’ or
‘committed supporters’ are not the public, including:-
• Regular donors by direct debit
• People ‘actively involved’ in the organisation
Signing up to mailing lists or social networking sites does
not constitute active involvement.
Influencing activities that exclusively target MPs, PPCs etc
are not caught – private lobbying not public campaigning

28.
• Expenditure is only controlled if it is directed at the public or a section of
the public
• Constitutional members – would not be ‘public’
• “Committed supporters” not caught – e.g. those giving regularly by direct
debit
• People who sign up to mailing list or like your social media pages –
probably still amount to ‘public’
Do your members comprise a “section of the public”
for the purposes of PPERA?

29.
The Purpose Test
Spending which passes the other tests will be regulated under
PPERA if it can:
“reasonably be regarded as intended to promote or procure
electoral success at any relevant election for –
(i) one or more particular registered parties,
(ii) one or more registered parties who advocate [or do not
advocate] particular policies or who otherwise fall within a
particular category of such parties, or
(iii) candidates who hold [or do not hold] particular opinions or
who advocate [or do not advocate] particular policies or
who otherwise fall within a particular category of
candidates” (PPERA s85(2))

30.
The Purpose Test
The following can also be caught under the purpose
test:
Prejudicing a party or candidate
It includes prejudicing the electoral prospects of other
parties or candidates (PPERA s85(4)(b))
Activity that does not name a party or candidate
“a course of conduct may constitute the doing of one of
those things even though it does not involve any
express mention being made of the name of any party
or candidate” [PPERA s85(4))
Multi-purpose activities
“it is immaterial that it can reasonably be regarded as
intended to achieve any other purpose as well” (PPERA
s85(4)(A))

31.
Electoral Commission Guidance
• In almost all cases, an activity will meet the purpose test if it:
– explicitly promotes political parties or candidates who support your
campaign’s aims, or
– implicitly promotes some parties or candidates over others, for
example by setting out or comparing the merits of the positions of
political parties or candidates on a policy
• If your campaign does not mention candidates, parties, or elections,
then your spending is less likely to be regulated. In order for an activity
to meet the test, the voter needs to know which way they are being
persuaded to vote.
• However, your campaign might identify a political party, parties, or
group of candidates implicitly, without naming them – eg if a
policy/issue is so closely and publicly associated with a party, parties
or category of candidates that it is effectively a shorthand for them.
• Specific policies may be more likely than more general issues to be
closely associated with parties or candidates.

32.
Electoral Commission Guidance
• When you intend something, you can in some circumstances be
reasonably regarded as having a different intention, or a further
intention.
• E.g. the primary intention of your campaign may be:
– raising awareness of an issue
– influencing political parties to adopt a policy in their manifestos
– providing information to voters
– encouraging people to register to vote
• But, your campaign will still meet the purpose test if it can also be
reasonably regarded as intended to influence voters to vote for or
against a political party or category of candidates.
• For example, suppose for example your intention is to influence
political parties to adopt a policy. If you go about this by identifying and
promoting parties and candidates who have already adopted the policy,
then this will meet the purpose test.

33.
Electoral Commission Guidance
• A political party may publicly adopt policies that you are already
campaigning for or against.
• If your campaign did not meet the purpose test before the party
changed its position, your planned campaign remains unlikely to meet
the test.
• However, as a result of the party changing their position, you might
enhance or increase your spending on the issue over what you
originally planned.
• In this case, the further campaign spending will be regulated if it can
reasonably be regarded as intended to promote or criticise the party.
• If you welcome a political party’s commitment to a policy that you have
campaigned on, and it is clear that you would welcome a commitment
from any political party, this will typically not meet the purpose test.
• “If you are a charity and abide by charity law and guidance from
the relevant charity regulator, in most circumstances your
campaign activity is unlikely to meet the purpose test.”

34.
THE NEW GUIDANCE RECOGNISES CHARITIES ARE
DIFFERENT
• The new guidance recognises that charities are bound by charity law, not just electoral law
• It also recognises that some NGOs are bound by their own rules not to be partisan or part-
political
• The Electoral Commission’s guidance says:
‘If you are a charity and abide by charity law and guidance from the relevant charity
regulator, in most circumstances your campaign activity is unlikely to meet the purpose
test.’
• This means charities should still consider how much you’re spending and then (if relevant)
the public and purpose test, but are unlikely to be carrying out regulated activity

35.
Electoral Commission Guidance
To assess whether your campaign meets the purpose test
you should consider:-
WOULD A REASONABLE PERSON REGARD YOUR
CAMPAIGN AS INTENDED TO INFLUENCE VOTER
CHOICE?
Tone: is the tone of your campaign negative or positive
towards a political party or parties or a policy that categories
of candidates support or do not support.
Context and Timing: is the issue prominent, is there a clear
area of difference between the political parties, are you
campaigning as a reaction to a policy or position of a political
party, are you campaigning close to the election day.
Call to Action: are you asking people (whether explicitly or
implicitly) to vote for a particular political party or categories
of candidate?

36.
WHAT’S BETTER ABOUT THE PURPOSE TEST GUIDANCE?
• The language about the purpose test is clearer and sharper
• The factors the Commission takes into account in deciding whether the test
is met are more tightly defined:
• ‘call to action’ is now narrowed to ‘call to action to voters’ – so this is
only about an explicit or implicit ask to vote in a particular way
• ‘implicitly promoting parties or candidates’ is more clearly worded – .
In particular, it now refers to ‘setting out or comparing the merits of
the positions of political parties or candidates on a policy’ – not just
the positions.
• If a party adopts a policy you’ve already been campaigning on, carrying on
with what you were already doing or planning to do is unlikely to become
regulated activity as a result

37.
Purpose test – campaign example: Team Future

38.
Stonewall

39.
CND

40.
(1) Ensuring that expenditure that does pass the “purpose” test
(2) Ensuring that expenditure does not pass the “public” test
(3) Ensuring that expenditure does not relate to a regulated campaign
activity, e.g:
– Production and publication of materials (including leaflets, emails)
– Canvassing and market research
– Press conferences or other media events
– Public events and rallies
– Transport of people for the purposes of obtaining publicity
Recap: how can you avoid incurring “controlled
expenditure” which would be regulated under PPERA?

41.
Adapting your strategy?
• Campaigning for/against legislation in parliament
– Timing campaign activity to coincide with Parliamentary debates on the
Bill & focus on why the Bill should become law
• Terminology and tone during the regulated period
– Think carefully about:
• hashtags identified with a party or candidate
• terminology that is very overtly associated with a particular party
• Use of colours/images e.g. blue, orange, red backgrounds, use of ballot box
images
– E.g. “Bedroom tax” – 2015 GE
• EC : this “was a particular clear and prominent policy of the Conservative Party
at the election; it was closely and publicly associated with them.”
• A campaign against the bedroom tax likely to meet the purpose test – “the very
phrase ‘bedroom tax’ is one that was coined and used by the Conservatives’
opponents in that election campaign.”

42.
Working as a coalition / joint working
• Contentious and unclear area of election law – risk area
• Recent investigation into the Darren Grimes / BeLeave and Vote Leave
relationship / donation

43.
Campaigning in a coalition - joint working
• If you and another campaigner are incurring joint spending in a joint
campaign, then the regulated spending by each campaigner counts
towards the regulated spending total for both campaigners.
– eg if you spend £100 of regulated spending under a common “plan
or other arrangement” with another campaigner and they spend
£30,000, you both need to account for £30,100 of regulate spending
– Could result in in spending by other organisations being attributed to
your organisation – so consider carefully
• ‘Minor campaigners’ can nominate a ‘lead campaigner’ who registers
with the Electoral Commission and the lead campaigner is then
responsible for reporting the minor campaigner’s spending
• Minor campaigner does not then have to register separately with the
Commission unless it spends more than the registration threshold in
total

44.
Campaigning in a coalition - joint working
Guiding principle: “honest and reasonable assessment, based on the
facts, whether you and another non-party campaigner are spending
money as part of a common plan or arrangement”
• PROBABLY NOT joint working if:
– You speak at another campaigner’s event
without being involved in any other way
– You have informal discussions with another
campaigner, or keep each other informed,
in a way that does not involve decision-
making or coordinating your plans
– You endorse another campaign without
having any further involvement – for
example if you:
– sign a letter written by another
campaigner
– add your branding to another
campaign
– publicise your support for another
campaign
• PROBABLY joint working if:
– You have joint advertising campaigns,
leaflets or events
– You coordinate your regulated campaign
activity with another campaigner – for
example, if you agree that you should
each cover particular areas, arguments
or voters
– Another campaigner can approve or has
significant influence over your leaflets,
websites, or other campaign activity
Electoral Commission guidance:

45.
What do you have to do if you register?
• Have a system in place for authorising spending on regulated
campaign activity (must be the ‘responsible person’ or people
authorised by him/her in writing)
• Keep invoices or receipts for payments over £200 made as part of
your spending on regulated activity
• Report to the Electoral Commission on spending on regulated activity
over £10,000 in Wales/Scotland/Northern Ireland or £20,000 in
England
• Check that you can accept any donations you receive that are over
£500 towards your regulated campaign activity, and keep a record of
them
• Comply with the reporting requirements for donations you receive for
spending on regulated campaign activity

46.
Donations (if you are registered)
Only ‘relevant donations’ are regulated
Value over £500 (can include commercial value of things given for free or at
non-commercial rate)
• Only ‘permissible donors’ can give donations for regulated spending –
must take all reasonable steps to check donor is permissible:
– detailed rules, but, excludes UK political parties and foreign people/entities
• Can be a criminal offence to accept a donation that isn’t permissible, e.g.
from someone not on electoral roll
Reporting
• Total donations over £500 MUST be reported in post-poll returns
• Donations over £7,500 MUST be reported during pre-election polling
periods and after the election, including: (a) The amount donated (b) The
date donation received (c) Information relating to identity of the donor

47.
Imprints
• Under PPERA, an imprint must be included in hard copy election
material printed/distributed at any time (not just in a regulated period)
• Must include name and address of:
– the printer of the material
– the promoter (the person who has authorised the printing)
– any organisation the promoter is acting on behalf of
• Rules do not legally apply to electronic election materials, e.g. web
pages and emails (yet – Government due to change this). But, Electoral
Commission says good practice to include imprint on electronic material
• E.g. of imprint: Printed by Leaflet Distribution Network, 145-157 St. John
Street, London. Promoted by [Suhan Rajkumar] on behalf of [Bates
Wells], both of [10 Queen Street Place, London].

48.
Carry on campaigning: some reassurance
Campaigning, advocacy and political activity are all legitimate and
valuable activities for charities to undertake. Many charities have
strong links to their beneficiaries, and more generally to their local
communities, commanding high levels of public trust and
confidence, and representing a myriad of diverse causes. Because of
this, they are uniquely placed to campaign and advocate on behalf
of their beneficiaries.”
The Charity Commission
“Civil society has a long and proud tradition of campaigning for
change and providing voice for the disempowered and
disadvantaged in society… The government is determined that
charities and social enterprises should be fully confident in their
right to speak in public debates, and to have a strong campaigning
and advocacy role.”
Department for Digital, Culture, Media and Sport

49.
Electoral Commission - To register or not to register?
Decide whether to
register or not
• Review your plans
• Involve your Board
Minimise spend on
regulated activity
• Use volunteer time
Put necessary procedures in place for
monitoring decisions and spending
• Familiarise yourself with the rules
• Review plans and seek advice
• Internal training
• Update sign-off procedures
• Set up recording system
• Keep management teams and board updated
Limit regulated activity
• Focus on behind the scenes political work
• Engage with your ‘committed supporters’
• Only send press releases to newspapers
and broadcast media
• Interviews in newspapers and broadcast
media
If you don’t want to
register…
If you decide to
register…
In either case…
Register
• Register early
• Nominate responsible
person
• Monitor and track spend
• Keep invoices

50.
Sign off procedure
Activity recorded in
spreadsheet
Send to Policy Manager
to approve
Policy/election material
and advocacy activity
(including tweets, blogs,
press stories on website,
newsletters etc.)
If issue is borderline get
sign off from Policy
Director for approval
Once decision made
policy advisor to confirm
reasoning via email
Call/email Electoral
Commission if further
information needed

51.
Recording system
REGULATION LOG
Activity
number Activity Name Activity Description
Bond only
or Joint
(B/J)
Name of
campaign or
group (if
joint)
Public
test
(Y/N/M)
Purpose
test
(Y/N/M)
Legal
advice
sought?
(Y/N)
Regulated
(Y/N/M) Rationale for decision Expected cost Actual cost
Decision
signed off
by
Example Manifesto scorecards
Publish and share
scorecards that rank
manifesto commitments on
aid J Aid campaign
Y Y N Y
Scorecards will be shared on
social media so would pass
public test. They compare
manifesto commitments so
would pass purpose test. £ 2,000.00 Director
NON STAFF COSTS
Activity
number Activity name Cost description PIN
Regulated activity
(Y/N)
Joint
activity
(Y/N) Cost (£)
Example Manifesto scorecards Design PIN0001 Y Y £500.00
Example Manifesto scorecards Printing PIN0001 Y Y £100.00
STAFF COSTS
Activity
Number Activity name Bond staff
Regulated
(Y/N) Joint (Y/N)
Staff hours on activity
Total staff
time Total staff costs (completed by GM)17-23 April 24-30 April 1-7 May 8-14 May
Example Manifesto scorecards Public Affairs Manager Y Y 0 1 2 2 5
Example Manifesto scorecards Policy Adviser Y Y 0 0 4 1 5

52.
Questions?

53.
We use the word ‘partner’ to refer to a member of the LLP or an employee
or consultant with equivalent standing and qualifications.
Thank you

54.
Contact us
Simon Steeden
Partner
020 7551 7782
s.steeden@bateswells.co.uk
Suhan Rajkumar
Associate
020 7551 7718
s.rajkumar@bateswells.co.uk

55.
GET IN TOUCH
• NCVO guidance: https://knowhow.ncvo.org.uk/
• Contact: douglas.dowell@ncvo.org.uk

56.
Contact us
Suhan Rajkumar
Associate
020 7551 7718
s.rajkumar@bateswells.co.uk
For further information
Visit the Bond website:
https://www.bond.org.uk/lobbying-act
For templates or advice email:
sfrier@bond.org.uk

57.
Schedule:
Local campaigning
rules - RPA

58.
The Representation of the People Act 1983 (RPA)
• Regulates administration of elections, rules for candidates and their
agents, general criminal electoral offences such as bribery, and local
campaigns – e.g. constituency level campaigns
• At a general election, no expenses can be incurred over £700 “with a
view to promoting or procuring the election of a candidate” (which will
also include seeking to restrict a candidate/party from being elected)
• After the candidate becomes a candidate – generally after dissolution
of Parliament in a snap election campaign
• By any person other than the candidate, their agent and persons
authorised in writing by the agent
• On regulated activities

59.
What activities are regulated under the RPA?
• Regulated activities under the RPA include:
– holding public meetings or organising any public display;
– issuing advertisements, circulars or publications; or
– otherwise presenting to the electors the candidate or his
views or the extent or nature of his backing or disparaging
another candidate (a broad test);
• Regulated activities do not include:
– The publication of any matter relating to an election in a
newspaper or periodical or in a broadcast by the BBC or other
licenses broadcasters
– Travel expenses
– Any amount not exceeding £700 “not incurred in pursuance of a
plan suggested or concerted with others” – similar to the joint
spending rules under PPERA (covered later)