The Charity Commission has expanded its guidance on Charities and Elections to include a new short section on referendums.

The expanded guidance clarifies what charities can or cannot do and what trustees need to consider in relation to referendums. The guidance is intended to be read in conjunction with the Commission’s guidance Speaking out: campaigning and political activity by charities (CC9).

The addition makes clear that the general principles that govern political activity by charities also apply to referendums.

The guidance sets out that there may be circumstances in which it is appropriate for a charity to set out the pros and cons of a ‘yes’ or ‘no’ vote for their beneficiaries. It sets out what trustees should consider, including how such activity fits with their charitable purposes, and also the need to consider carefully what the justification is for campaigning where there is a significant party political dimension to the referendum.

The guidance on elections also clarifies that in order for charities to be, and seen to be, independent from party politics, they must refuse any request from a political party to refer to the charity in the party’s manifesto. This is because of the risk that the charity will be appearing to endorse the political party itself. The guidance also clarifies that engagement with candidates includes Members of the Scottish Parliament (MSP).

The updated Charities, Elections and Referendums guidance is available on the Charity Commission website.