What is it?
The pre-election period of sensitivity occurs in the weeks leading up to an election or referendum. The period is also called the period of 'heightened sensitivity’ and in the past was often known by the term ‘purdah’.
It is a time when governments, ministers and civil servants will exercise caution in making announcements or decisions that might have an effect on the election campaign. The exact period depends on the type of election.
The pre-election period for the UK and devolved governments and their civil servants is not set out in law but is governed by conventions. There are no sanctions for any perceived breach of the pre-election period guidance by ministers.
Backbench and Opposition MPs are not constrained by the pre-election period of sensitivity. However, all MPs, elected politicians and candidates will need to ensure they abide by campaign finance and election law during an election period.
Local authorities have their own set of rules that are set out in statutory guidance (see below).
When is it?
On 22 May 2024 the Prime Minister, Rishi Sunak, announced there would be a general election on 4 July 2024.
For a general election to the UK Parliament the pre-election period of sensitivity is not set to a particular date. The pre-election period for UK Government civil servants for the 2024 General Election has been set from 00:01 25 May 2024 according to the guidance (PDF).
Other elections
For UK and devolved government departments the pre-election period for local elections is not fixed to any particular date. The general convention is that special care should be taken in the three weeks preceding the elections. For local elections in England in 2024 that was 11 April to 2 May.
During elections to Scottish and Welsh Parliaments or the Northern Ireland Assembly the pre-election period usually starts 25 working days before polling day.
What is the guidance?
Ministers
Ministers, whether in the UK Government or in the devolved administrations, 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 UK Government ministers, as outlined in the Ministerial Code of Conduct, is that ministers may campaign during elections, but public money and departmental resources should not be used for party political purposes. Similar codes exist for ministers in the devolved governments: Scottish Ministers, Welsh Ministers and Northern Ireland Ministers.
Civil servants
The UK Government issues guidance for its civil servants to follow during pre-election periods. Devolved government issue their own guidance.
For the 2024 general election, the UK Government guidance was issued on 23 May 2024. Scottish Government guidance and Northern Ireland Executive guidance were published on 24 May. Welsh Government guidance will be published on its guidance pages.
These are based on the Civil Service Code, which outlines the values and standards of behaviour that civil servants are expected to follow. Each government has its own civil service code: UK Government, Scottish Government, Welsh Government, Northern Ireland Executive.
Local government
During elections local councils also observe the period of 'heightened sensitivity’.
This starts from the publication of the notice of election, usually 25 working days before polling day.
Local authorities are required to follow statutory guidance about publicity all year round. The Code of Recommended Practice on Local Authority Publicity (England) requires that, among other things, local council communications should not use public funds to mount publicity campaigns that seek to influence voters at any time of year. Similar codes operate in Scotland and Wales.
The Code says council publicity should be issued with care during periods of heightened sensitivity. During this time use of council resources, holding events or launching consultations should also be considered. There is no blanket ban, the ordinary functions of councils can continue, but councils should assess whether it could be perceived that they are spending public money to influence the outcome of the election.
The Local Government Association produces guidance for local authorities, A short guide to publicity during the pre-election period.
Referendums
The period before national referendums is regulated by the Political Parties, Elections and Referendums Act 2000. Central and local government are prohibited from publishing material that aims to influence voters to vote one way or another in the 28 calendar days before polling day.