PART 3 continued CHAPTER 1 continued
(2) A person to whom a public collections certificate has been issued may appeal to the Tribunal against a decision of the Commission not to direct that the certificate be transferred under section 55.
(3) A person to whom a public collections certificate has been issued may appeal to the Tribunal against a decision of the Commission under section 56—
(a) to withdraw or suspend the certificate,
(b) to attach a condition to the certificate, or
(c) to vary an existing condition of the certificate.
(4) The Attorney General may appeal to the Tribunal against a decision of the Commission—
(a) to issue, or to refuse to issue, a certificate,
(b) to attach, or not to attach, any condition to a certificate (whether under section 52 or section 56),
(c) to direct, or not to direct, that a certificate be transferred under section 55,
(d) to withdraw or suspend, or not to withdraw or suspend, a certificate, or
(e) to vary, or not to vary, an existing condition of a certificate.
(5) In determining an appeal under this section, the Tribunal—
(a) must consider afresh the decision appealed against, and
(b) may take into account evidence which was not available to the Commission.
(6) On an appeal under this section, the Tribunal may—
(a) dismiss the appeal,
(b) quash the decision, or
(c) substitute for the decision another decision of a kind that the Commission could have made;
and in any case the Tribunal may give such directions as it thinks fit, having regard to the provisions of this Chapter and of regulations under section 63.
(7) If the Tribunal quashes the decision, it may remit the matter to the Commission (either generally or for determination in accordance with a finding made or direction given by the Tribunal).
(1) A person or persons proposing to promote a collection in a public place (other than an exempt collection) in the area of a local authority may apply to the authority for a permit to conduct that collection.
(2) The application must be made within the prescribed period falling before the day (or the first of the days) on which the collection is to take place, except as provided in subsection (4).
(3) The application must—
(a) specify the date or dates in respect of which it is desired that the permit, if issued, should have effect (which, in the case of two or more dates, must not span a period of more than 12 months);
(b) be accompanied by a copy of the public collections certificate in force under section 52 in respect of the proposed collection; and
(c) contain such information as may be prescribed.
(4) Where an application (“the certificate application”) has been made in accordance with section 51 for a public collections certificate in respect of the collection and either—
(a) the certificate application has not been determined by the end of the period mentioned in subsection (2) above, or
(b) the certificate application has been determined by the issue of such a certificate but at a time when there is insufficient time remaining for the application mentioned in subsection (2) (“the permit application”) to be made by the end of that period,
the permit application must be made as early as practicable before the day (or the first of the days) on which the collection is to take place.
(5) In this section “exempt collection” means a collection in a public place which is an exempt collection by virtue of section 50.
(1) On receiving an application made in accordance with section 58 for a permit in respect of a collection in a public place, a local authority must determine the application within the prescribed period by either—
(a) issuing a permit in respect of the collection, or
(b) refusing the application on the ground specified in section 60(1).
(2) Where a local authority issue such a permit, it shall (subject to section 61) have effect in respect of the date or dates specified in the application in accordance with section 58(3)(a).
(3) At the time of issuing a permit under this section, a local authority may attach to it such conditions within paragraphs (a) to (d) below as they think fit, having regard to the local circumstances of the collection—
(a) conditions specifying the day of the week, date, time or frequency of the collection;
(b) conditions specifying the locality or localities within their area in which the collection may be conducted;
(c) conditions regulating the manner in which the collection is to be conducted;
(d) such other conditions as may be prescribed for the purposes of this subsection.
(4) A local authority must secure that the terms of any conditions attached under subsection (3) are consistent with the provisions of any regulations under section 63 (whether or not prescribing conditions for the purposes of that subsection).
(5) Where a local authority—
(a) refuse to issue a permit, or
(b) attach any condition to it,
they must serve on the applicant written notice of their decision and the reasons for their decision.
(6) That notice must also state the right of appeal conferred by section 62(2) and the time within which such an appeal must be brought.
(1) The only ground on which a local authority may refuse an application for a permit to conduct a collection in a public place is that it appears to them that the collection would cause undue inconvenience to members of the public by reason of—
(a) the day or the week or date on or in which,
(b) the time at which,
(c) the frequency with which, or
(d) the locality or localities in which,
it is proposed to be conducted.
(2) In making a decision under subsection (1), a local authority may have regard to the fact (where it is the case) that the collection is proposed to be conducted—
(a) wholly or partly in a locality in which another collection in a public place is already authorised to be conducted under this Chapter, and
(b) on a day on which that other collection is already so authorised, or on the day falling immediately before, or immediately after, any such day.
(3) A local authority must not, however, have regard to the matters mentioned in subsection (2) if it appears to them—
(a) that the proposed collection would be conducted only in one location, which is on land to which members of the public would have access only—
(i) by virtue of the express or implied permission of the occupier of the land, or
(ii) by virtue of any enactment, and
(b) that the occupier of the land consents to that collection being conducted there;
and for this purpose “the occupier”, in relation to unoccupied land, means the person entitled to occupy it.
(4) In this section a reference to a collection in a public place authorised under this Chapter is a reference to a collection in a public place that—
(a) is conducted in accordance with section 48, or
(b) is an exempt collection by virtue of section 50.
(1) Where subsection (2), (3) or (4) applies, a local authority who have issued a permit under section 59 may—
(a) withdraw the permit,
(b) attach any condition (or further condition) to the permit, or
(c) vary any existing condition of the permit.
(2) This subsection applies where the local authority—
(a) have reason to believe that there has been a change in the circumstances which prevailed at the time when they issued the permit, and
(b) are of the opinion that, if the application for the permit had been made in the new circumstances, they would not have issued the permit or would have issued it subject to different or additional conditions.
(3) This subsection applies where the local authority have reason to believe that any information provided to them by the holder of a permit (or, where there is more than one holder, by any of them) for the purposes of the application for the permit was false or misleading in a material particular.
(4) This subsection applies where the local authority have reason to believe that there has been or is likely to be a breach of any condition of a permit issued by them, or that a breach of such a condition is continuing.
(5) Any condition imposed at any time by a local authority under subsection (1) (whether by attaching a new condition to the permit or by varying an existing condition) must be one that it would be appropriate for the authority to attach to the permit under section 59(3) if the holder was applying for it in the circumstances prevailing at that time.
(6) The exercise by a local authority of the power conferred by paragraph (b) or (c) of subsection (1) on one occasion does not prevent them from exercising any of the powers conferred by that subsection on a subsequent occasion; and on any subsequent occasion the reference in subsection (2)(a) to the time when the local authority issued the permit is a reference to the time when they last exercised any of those powers.
(7) Where under this section a local authority—
(a) withdraw a permit,
(b) attach a condition to a permit, or
(c) vary an existing condition of a permit,
they must serve on the holder written notice of their decision and the reasons for their decision.
(8) That notice must also state the right of appeal conferred by section 62(3) and the time within which such an appeal must be brought.
(9) Where a local authority withdraw a permit under this section, they must send a copy of their decision and the reasons for it to the Commission.
(10) Where a local authority under this section withdraw a permit, attach any condition to a permit, or vary an existing condition of a permit, the permit shall continue to have effect as if it had not been withdrawn or (as the case may be) as if the condition had not been attached or varied—
(a) until the time for bringing an appeal under section 62(3) has expired, or
(b) if such an appeal is duly brought, until the determination or abandonment of the appeal.
(1) A person who, in relation to a public charitable collection, has duly notified a local authority of the matters mentioned in section 50(3) may appeal to a magistrates' court against a decision of the local authority under section 50(4)—
(a) that the collection is not a local, short-term collection, or
(b) that the promoters or any of them has breached any such provision, or been convicted of any such offence, as is mentioned in paragraph (b) of that subsection.
(2) A person who has duly applied to a local authority for a permit to conduct a collection in a public place in the authority’s area may appeal to a magistrates' court against a decision of the authority under section 59—
(a) to refuse to issue a permit, or
(b) to attach any condition to it.
(3) A person to whom a permit has been issued may appeal to a magistrates' court against a decision of the local authority under section 61—
(a) to withdraw the permit,
(b) to attach a condition to the permit, or
(c) to vary an existing condition of the permit.
(4) An appeal under subsection (1), (2) or (3) shall be by way of complaint for an order, and the Magistrates' Courts Act 1980 (c. 43) shall apply to the proceedings.
(5) Any such appeal shall be brought within 14 days of the date of service on the person in question of the relevant notice under section 50(4), section 59(5) or (as the case may be) section 61(7); and for the purposes of this section an appeal shall be taken to be brought when the complaint is made.
(6) An appeal against the decision of a magistrates' court on an appeal under subsection (1), (2) or (3) may be brought to the Crown Court.
(7) On an appeal to a magistrates' court or the Crown Court under this section, the court may confirm, vary or reverse the local authority’s decision and generally give such directions as it thinks fit, having regard to the provisions of this Chapter and of any regulations under section 63.
(8) On an appeal against a decision of a local authority under section 50(4), directions under subsection (7) may include a direction that the collection may be conducted—
(a) on the date or dates notified in accordance with section 50(3)(b), or
(b) on such other date or dates as may be specified in the direction;
and if so conducted the collection is to be regarded as one that is an exempt collection by virtue of section 50.
(9) It shall be the duty of the local authority to comply with any directions given by the court under subsection (7); but the authority need not comply with any directions given by a magistrates' court—
(a) until the time for bringing an appeal under subsection (6) has expired, or
(b) if such an appeal is duly brought, until the determination or abandonment of the appeal.
(1) The Minister may make regulations—
(a) prescribing the matters which a local authority are to take into account in determining whether a collection is local in character for the purposes of section 50(2)(a);
(b) for the purpose of regulating the conduct of public charitable collections;
(c) prescribing anything falling to be prescribed by virtue of any provision of this Chapter.
(2) The matters which may be prescribed by regulations under subsection (1)(a) include—
(a) the extent of the area within which the appeal is to be conducted;
(b) whether the appeal forms part of a series of appeals;
(c) the number of collectors making the appeal and whether they are acting for remuneration or otherwise;
(d) the financial resources (of any description) of any charitable, benevolent or philanthropic institution for whose benefit the appeal is to be conducted;
(e) where the promoters live or have any place of business.
(3) Regulations under subsection (1)(b) may make provision—
(a) about the keeping and publication of accounts;
(b) for the prevention of annoyance to members of the public;
(c) with respect to the use by collectors of badges and certificates of authority, or badges incorporating such certificates, including, in particular, provision—
(i) prescribing the form of such badges and certificates;
(ii) requiring a collector, on request, to permit his badge, or any certificate of authority held by him of the purposes of the collection, to be inspected by a constable or a duly authorised officer of a local authority, or by an occupier of any premises visited by him in the course of the collection;
(d) for prohibiting persons under a prescribed age from acting as collectors, and prohibiting others from causing them so to act.
(4) Nothing in subsection (2) or (3) prejudices the generality of subsection (1)(a) or (b).
(5) Regulations under this section may provide that any failure to comply with a specified provision of the regulations is to be an offence punishable on summary conviction by a fine not exceeding level 2 on the standard scale.
(6) Before making regulations under this section the Minister must consult such persons or bodies of persons as he considers appropriate.
(1) A person commits an offence if, in connection with any charitable appeal, he displays or uses—
(a) a prescribed badge or prescribed certificate of authority which is not for the time being held by him for the purposes of the appeal pursuant to regulations under section 63, or
(b) any badge or article, or any certificate or other document, so nearly resembling a prescribed badge or (as the case may be) a prescribed certificate of authority as to be likely to deceive a member of the public.
(2) A person commits an offence if—
(a) for the purposes of an application made under section 51 or section 58, or
(b) for the purposes of section 49 or section 50,
he knowingly or recklessly furnishes any information which is false or misleading in a material particular.
(3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4) In subsection (1) “prescribed badge” and “prescribed certificate of authority” mean respectively a badge and a certificate of authority in such form as may be prescribed.
(1) Where any offence under this Chapter or any regulations made under it—
(a) is committed by a body corporate, and
(b) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity,
he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(2) In subsection (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
(1) This section applies to any notice required to be served under this Chapter.
(2) A notice to which this section applies may be served on a person (other than a body corporate)—
(a) by delivering it to that person;
(b) by leaving it at his last known address in the United Kingdom; or
(c) by sending it by post to him at that address.
(3) A notice to which this section applies may be served on a body corporate by delivering it or sending it by post—
(a) to the registered or principal office of the body in the United Kingdom, or
(b) if it has no such office in the United Kingdom, to any place in the United Kingdom where it carries on business or conducts its activities (as the case may be).
(4) A notice to which this section applies may also be served on a person (including a body corporate) by sending it by post to that person at an address notified by that person for the purposes of this subsection to the person or persons by whom it is required to be served.
(1) Section 60 of the Charities Act 1992 (c. 41) (fund-raisers required to indicate institutions benefiting and arrangements for remuneration) is amended as follows.
(2) In subsection (1) (statements by professional fund-raisers raising money for particular charitable institutions), for paragraph (c) substitute—
“(c) the method by which the fund-raiser’s remuneration in connection with the appeal is to be determined and the notifiable amount of that remuneration.”
(3) In subsection (2) (statements by professional fund-raisers raising money for charitable purposes etc.), for paragraph (c) substitute—
“(c) the method by which his remuneration in connection with the appeal is to be determined and the notifiable amount of that remuneration.”
(4) In subsection (3) (statements by commercial participators raising money for particular charitable institutions), for paragraph (c) substitute—
“(c) the notifiable amount of whichever of the following sums is applicable in the circumstances—
(i) the sum representing so much of the consideration given for goods or services sold or supplied by him as is to be given to or applied for the benefit of the institution or institutions concerned,
(ii) the sum representing so much of any other proceeds of a promotional venture undertaken by him as is to be so given or applied, or
(iii) the sum of the donations by him in connection with the sale or supply of any such goods or services which are to be so given or supplied.”
(5) After subsection (3) insert—
“(3A) In subsections (1) to (3) a reference to the “notifiable amount” of any remuneration or other sum is a reference—
(a) to the actual amount of the remuneration or sum, if that is known at the time when the statement is made; and
(b) otherwise to the estimated amount of the remuneration or sum, calculated as accurately as is reasonably possible in the circumstances.”
After section 60 of the 1992 Act insert—
(1) Subsections (1) and (2) of section 60 apply to a person acting for reward as a collector in respect of a public charitable collection as they apply to a professional fund-raiser.
(2) But those subsections do not so apply to a person excluded by virtue of—
(a) subsection (3) below, or
(b) section 60B(1) (exclusion of lower-paid collectors).
(3) Those subsections do not so apply to a person if—
(a) section 60(1) or (2) applies apart from subsection (1) (by virtue of the exception in section 58(2)(c) for persons treated as promoters), or
(b) subsection (4) or (5) applies,
in relation to his acting for reward as a collector in respect of the collection mentioned in subsection (1) above.
(4) Where a person within subsection (6) solicits money or other property for the benefit of one or more particular charitable institutions, the solicitation shall be accompanied by a statement clearly indicating—
(a) the name or names of the institution or institutions for whose benefit the solicitation is being made;
(b) if there is more than one such institution, the proportions in which the institutions are respectively to benefit;
(c) the fact that he is an officer, employee or trustee of the institution or company mentioned in subsection (6); and
(d) the fact that he is receiving remuneration as an officer, employee or trustee or (as the case may be) for acting as a collector.
(5) Where a person within subsection (6) solicits money or other property for charitable, benevolent or philanthropic purposes of any description (rather than for the benefit of one or more particular charitable institutions), the solicitation shall be accompanied by a statement clearly indicating—
(a) the fact that he is soliciting money or other property for those purposes and not for the benefit of any particular charitable institution or institutions;
(b) the method by which it is to be determined how the proceeds of the appeal are to be distributed between different charitable institutions;
(c) the fact that he is an officer, employee or trustee of the institution or company mentioned in subsection (6); and
(d) the fact that he is receiving remuneration as an officer, employee or trustee or (as the case may be) for acting as a collector.
(6) A person is within this subsection if—
(a) he is an officer or employee of a charitable institution or a company connected with any such institution, or a trustee of any such institution,
(b) he is acting as a collector in that capacity, and
(c) he receives remuneration either in his capacity as officer, employee or trustee or for acting as a collector.
(7) But a person is not within subsection (6) if he is excluded by virtue of section 60B(4).
(8) Where any requirement of—
(a) subsection (1) or (2) of section 60, as it applies by virtue of subsection (1) above, or
(b) subsection (4) or (5) above,
is not complied with in relation to any solicitation, the collector concerned shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(9) Section 60(8) and (9) apply in relation to an offence under subsection (8) above as they apply in relation to an offence under section 60(7).
(10) In this section—
“the appeal”, in relation to any solicitation by a collector, means the campaign or other fund-raising venture in the course of which the solicitation is made;
“collector” has the meaning given by section 47(1) of the Charities Act 2006;
“public charitable collection” has the meaning given by section 45 of that Act.
(1) Section 60(1) and (2) do not apply (by virtue of section 60A(1)) to a person who is under the earnings limit in subsection (2) below.
(2) A person is under the earnings limit in this subsection if he does not receive—
(a) more than—
(i) £5 per day, or
(ii) £500 per year,
by way of remuneration for acting as a collector in relation to relevant collections, or
(b) more than £500 by way of remuneration for acting as a collector in relation to the collection mentioned in section 60A(1).
(3) In subsection (2) “relevant collections” means public charitable collections conducted for the benefit of—
(a) the charitable institution or institutions, or
(b) the charitable, benevolent or philanthropic purposes,
for whose benefit the collection mentioned in section 60A(1) is conducted.
(4) A person is not within section 60A(6) if he is under the earnings limit in subsection (5) below.
(5) A person is under the earnings limit in this subsection if the remuneration received by him as mentioned in section 60A(6)(c)—
(a) is not more than—
(i) £5 per day, or
(ii) £500 per year, or
(b) if a lump sum, is not more than £500.
(6) The Minister may by order amend subsections (2) and (5) by substituting a different sum for any sum for the time being specified there.”
After section 64 of the 1992 Act insert—
(1) The Minister may make such regulations as appear to him to be necessary or desirable for or in connection with regulating charity fund-raising.
(2) In this section “charity fund-raising” means activities which are carried on by—
(a) charitable institutions,
(b) persons managing charitable institutions, or
(c) persons or companies connected with such institutions,
and involve soliciting or otherwise procuring funds for the benefit of such institutions or companies connected with them, or for general charitable, benevolent or philanthropic purposes.
But “activities” does not include primary purpose trading.
(3) Regulations under this section may, in particular, impose a good practice requirement on the persons managing charitable institutions in circumstances where—
(a) those institutions,
(b) the persons managing them, or
(c) persons or companies connected with such institutions,
are engaged in charity fund-raising.
(4) A “good practice requirement” is a requirement to take all reasonable steps to ensure that the fund-raising is carried out in such a way that—
(a) it does not unreasonably intrude on the privacy of those from whom funds are being solicited or procured;
(b) it does not involve the making of unreasonably persistent approaches to persons to donate funds;
(c) it does not result in undue pressure being placed on persons to donate funds;
(d) it does not involve the making of any false or misleading representation about any of the matters mentioned in subsection (5).