Comment

Pre-election Period Explained

Local elections are scheduled to take place in 2022 across all parts of the UK on Thursday 5 May 2022. As a result the Pre-election Period (formerly known as Purdah) is expected to begin on, or around, Monday 28 March, but what does this mean?

Director, Nick Jones and Associate Director, Jessica Fok explain what it is and what this means for authorities and for planning. 

What is the Pre-election Period?

The Pre-election Period describes the period of time before the election’s polling date, where the use of public resources is restricted and it starts at the Notice of Election. In certain jurisdictions, during this time, local authorities may choose to avoid making decisions on planning applications. 

When is it in effect?

The Pre-election Period lasts from the notice of election until the election has been completed. For normal elections this is usually six weeks, but it can be shorter. It does not start until the notice of election has been published, even if campaigning has started. This year it is expected to start on Monday 28 March. 

Who does it affect?

The Pre-election Period is aimed at making sure incumbents do not have a publicly funded advantage. Throughout, elected officials cannot use public money to promote them or their parties for the benefit of their campaign. This includes using the time and resources of civil servants, local authority employees and PR departments. It also means that council officers cannot be involved in political campaigning.

What does it mean for authorities and for planning?

Ordinary council business should be maintained during the course of an election. Planning, which is a regulatory function and is non-political, should not be affected; nor should non-controversial items of normal business within the council.

Council announcements and consultations may be postponed if considered controversial, politically sensitive or to be promoting the incumbent’s campaign, with the exception of when it is unavoidable or if there is a statutory duty to deliver it.

If an elected official is required to make an announcement, it should be, where possible, from someone who is not involved in any forthcoming elections, even if it doesn’t fall within that individual’s remit.

Alternatively, to avoid claims of political bias, joint statements or multiple statements from group leaders are a way of avoiding breaching the rules.

In terms of applications, planning committees can and indeed should sit during the election period. However, there is often good reason why you would not want an application to be heard at the last committee before polling day. Not least because politicians become even more focused than usual on their need to secure the support of the often very small number of their constituents who may decide the result and this in turn leads to them being more unpredictable.

If you would like to learn more about the Pre-election Period, please get in touch with Nick Jones or Jessica Fok.

10 February 2022