Research Briefing
Published Thursday, 25 February, 2021
Restrictions on the use of public resources are in place during the pre-election period before elections and referendums. The Cabinet Office issues guidance for civil servants on their conduct during this period.
Pre-election period of sensitivity (394 KB, PDF)
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In the period immediately before an election or referendum there are restrictions on the use of public resources and activities of civil servants and ministers. This pre-election period is also known as the ‘period of sensitivity’ and has often been referred to in the past as ‘purdah’.
During a general election Ministers remain in office and in charge of their departments but it is customary for them to observe discretion in announcing initiatives that are new or of a long-term character in their capacity as a minister.
The general principle for ministers, as outlined in the Ministerial Code of Conduct, is that departmental resources and facilities are provided at Government expense to enable them to carry out their official duties.
The pre-election period does not prevent ministers from campaigning on their party manifesto in their role as politicians seeking election, but they should ensure they do not use public resources for party political activity.
Backbench and opposition MPs are not constrained by the pre-election period of sensitivity but all MPs, elected politicians and candidates will need to ensure they abide by campaign finance and election law during an election period.
The pre-election period before general elections is not regulated by statute but governed by conventions based largely on the Civil Service Code. The Cabinet Office issues guidance for civil servants in UK government departments, and the staff and members of non-departmental public bodies (NDPBs) and other arm’s length bodies (ALBs) on their role and conduct during election and referendum campaigns.
Guidance for civil servants for the 2019 General Election was issued by the Cabinet Office on 4 November 2019. The pre-election period for the 12 December General Election ran from 00:01 on Wednesday 6 November 2019 until the end of polling day.
Civil service guidance for local elections
The period of sensitivity for UK Government civil servants preceding scheduled local and mayoral elections each May is not fixed to any particular date, but the general convention is that particular care should be taken in the three weeks before polling day.
Local elections in England are scheduled for 6 May 2021. This will include the elections that had been due in May 2020 but that were postponed by the coronavirus pandemic. Elections will therefore be taking place for county councils, some unitary authorities, over 110 borough and district councils, directly elected mayors, including the Mayor of London, and all members of the Greater London Authority. Elections for police and crime commissioners in England and Wales, also delayed from 2020, will also be taking place.
Guidance for the previous local elections is available on the Gov.UK website.
The guidance for civil servants on their role and conduct during the election campaign period before the elections on 5 May 2016 (which included the Scottish Parliament, the then National Assembly for Wales and the Northern Ireland Assembly elections) was published on 24 March 2016.
Guidance for local government
There is statutory guidance for local authorities about publicity. The Code of Recommended Practice on Local Authority Publicity issued under section 4 of the Local Government Act 1986, prohibits councils from publishing any material which appears to be designed to affect public support for a political party.
These obligations apply year-round but are particularly sensitive during a pre-election period. The pre-election period starts with the publication of the notice of the election.
The Local Government Association has published A short guide to publicity during the pre-election period which gives further information.
Civil servants working for devolved administrations and its agencies also, by convention, observe pre-election periods.
The Scottish Government published guidance for the 2021 Scottish Parliamentary elections in February 2021. The pre-election period for is expected to begin on 25 March 2021.
Welsh Government advice in advance of the Senedd Cymru elections in May 2021 is likely to be published soon on its webpage, Election guidance for civil servants.
The Northern Ireland Executive published guidance on conduct for civil servants and special advisers during the last Northern Ireland Assembly election campaign in 2017.
During UK General elections the devolved administrations and their civil servants carry out their functions in the usual way and civil servants will continue to support devolved Ministers in their work. However, civil servants should be aware of the need to avoid any action which is, or could be construed as being, party political or otherwise controversial in the context of the UK general election.
The period before referendums is regulated by the Political Parties, Elections and Referendums Act 2000. During the pre-referendum period before the EU referendum, central and local government were prohibited from publishing material relating to the referendum although some exemptions applied.
The pre-referendum period for the EU referendum began on 27 May 2016, which was 4 weeks before the poll on 23 June 2016. Guidance was issued for UK Government departments.
In April 2017, the Public Administration and Constitutional Affairs (PACAC) Select Committee published a report on the lessons to be learned from the EU referendum. As part of that inquiry it considered the operation of the period of sensitivity restrictions on referendums included in the Political Parties, Elections and Referendums Act.
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