Local authority publicity must promote local democracy and services rather than support political parties. Additional legal restrictions apply during elections to avoid supporting or damaging candidates. Judgement on publicity should consider its purpose, subject, style, spokesman and cost effectiveness to avoid improper influence on political support.

1. The law and local authority publicity Alex Aiken Director of Communications & Strategy Westminster Council

5. Westminster City Council is spending £20,000 of Council Taxpayers money to promote the Conservatives in the run up to the West End by-election and next year’s City Council elections, according to Labour Councillors. Breach of the code? Inquiry urged into £20,000 spent by Westminster on posters promoting the Conservatives

8. Sec 145 of the Local Government Act 1972: “ Power to encourage visitors……….” S145(I) “A local authority may (either alone or jointly with any other person or body) encourage persons, by advertisement or otherwise, to visit their area for recreation, for health purposes, or to hold conferences, trade fairs and exhibitions in their area”. Act later amended to cover “electronic communications” Also 1973 Act (“services available”) and 1984 Act (health and disease communication). Local Government Act 2000 , recognising the role of Executive, powers to promote “well being” and the role of the authority as a community leader Local Democracy, Economic Development and Construction Act 2009 : duty to secure greater involvement of people in the decision- making processes of local public authorities Additional legal powers to publicise

13. AREAS TO PUBLICISE Service information Building vision and direction Working in partnership Listening and involving Delivery outcomes Advocacy for communities empowering local communities CHECK What is the purpose Does it inform ? Does it promote well being ? Is it balanced and accurate? Is it an attempt to persuade on policy ? What we can publicise

19. Care during periods of heightened sensitivity (pars 33-37) Local authorities should pay particular regard to the legislation governing publicity during the period of heightened sensitivity before elections and referendums – see paragraphs 7 to 9 of this code. It may be necessary to suspend the hosting of material produced by third parties, or to close public forums during this period to avoid breaching any legal restrictions. During the period between the notice of an election and the election itself, local authorities should not publish any publicity on controversial issues or report views or proposals in such a way that identifies them with any individual members or groups of members . Publicity relating to individuals involved directly in the election should not be published by local authorities during this period unless expressly authorised by or under statute. It is permissible for local authorities to publish factual information which identifies the names, wards and parties of candidates at elections. In general, local authorities should not issue any publicity which seeks to influence voters. However this general principle is subject to any statutory provision which authorises expenditure being incurred on the publication of material designed to influence the public as to whether to support or oppose a question put at a referendum. It is acceptable to publish material relating to the subject matter of a referendum, for example to correct any factual inaccuracies which have appeared in publicity produced by third parties , so long as this is even-handed and objective and does not support or oppose any of the options which are the subject of the vote.