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Charities Bill [HL]


Charities Bill [HL]
Part 3 — Funding for charitable, benevolent or philanthropic institutions
Chapter 1 — Public charitable collections

50

 

46      

Other definitions for purposes of this Chapter

(1)   

In this Chapter—

“charitable, benevolent or philanthropic institution” means—

(a)   

a charity, or

(b)   

an institution (other than a charity) which is established for

5

charitable, benevolent, or philanthropic purposes;

“collector”, in relation to a public charitable collection, means any person

by whom the appeal in question is made (whether made by him alone

or with others and whether made by him for remuneration or

otherwise);

10

“local authority” means a unitary authority, the council of a district so far

as it is not a unitary authority, the council of a London borough or of a

Welsh county or county borough, the Common Council of the City of

London or the Council of the Isles of Scilly;

“prescribed” means prescribed by regulations under section 62;

15

“proceeds”, in relation to a public charitable collection, means all money

or other property given (whether for consideration or otherwise) in

response to the charitable appeal in question;

“promoter”, in relation to a public charitable collection, means—

(a)   

a person who (whether alone or with others and whether for

20

remuneration or otherwise) organises or controls the conduct of

the charitable appeal in question, or

(b)   

where there is no person acting as mentioned in paragraph (a),

any person who acts as a collector in respect of the collection,

and associated expressions are to be construed accordingly;

25

“public collections certificate” means a certificate issued by the

Commission under section 51.

(2)   

In subsection (1) “unitary authority” means—

(a)   

the council of a county so far as it is the council for an area for which

there are no district councils;

30

(b)   

the council of any district comprised in an area for which there is no

county council.

(3)   

The functions exercisable under this Chapter by a local authority are to be

exercisable—

(a)   

as respects the Inner Temple, by its Sub-Treasurer, and

35

(b)   

as respects the Middle Temple, by its Under Treasurer;

   

and references in this Chapter to a local authority or to the area of a local

authority are to be construed accordingly.

Restrictions on conducting collections

47      

Restrictions on conducting collections in a public place

40

(1)   

A collection in a public place must not be conducted unless—

(a)   

the promoters of the collection hold a public collections certificate in

force under section 51 in respect of the collection, and

(b)   

the collection is conducted in accordance with a permit issued under

section 58 by the local authority in whose area it is conducted.

45

 
 

Charities Bill [HL]
Part 3 — Funding for charitable, benevolent or philanthropic institutions
Chapter 1 — Public charitable collections

51

 

(2)   

Subsection (1) does not apply to a public charitable collection which is an

exempt collection by virtue of section 49 (local, short-term collections).

(3)   

Where—

(a)   

a collection in a public place is conducted in contravention of

subsection (1), and

5

(b)   

the circumstances of the case do not fall within section 49(6),

   

every promoter of the collection is guilty of an offence and liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

48      

Restrictions on conducting door to door collections

(1)   

A door to door collection must not be conducted unless the promoters of the

10

collection—

(a)   

hold a public collections certificate in force under section 51 in respect

of the collection, and

(b)   

have within the prescribed period falling before the day (or the first of

the days) on which the collection takes place—

15

(i)   

notified the local authority in whose area the collection is to be

conducted of the matters mentioned in subsection (3), and

(ii)   

provided that authority with a copy of the certificate mentioned

in paragraph (a).

(2)   

Subsection (1) does not apply to a door to door collection which is an exempt

20

collection by virtue of section 49 (local, short-term collections).

(3)   

The matters referred to in subsection (1)(b)(i) are—

(a)   

the purpose for which the proceeds of the appeal are to be applied;

(b)   

the prescribed particulars of when the collection is to be conducted;

(c)   

the locality within which the collection is to be conducted; and

25

(d)   

such other matters as may be prescribed.

(4)   

Where—

(a)   

a door to door collection is conducted in contravention of subsection

(1), and

(b)   

the circumstances of the case do not fall within section 49(6),

30

   

every promoter of the collection is guilty of an offence and liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

   

This is subject to subsection (5).

(5)   

Where—

(a)   

a door to door collection is conducted in contravention of subsection

35

(1),

(b)   

the appeal is for goods only, and

(c)   

the circumstances of the case do not fall within section 49(6),

   

every promoter of the collection is guilty of an offence and liable on summary

conviction to a fine not exceeding level 3 on the standard scale.

40

(6)   

In subsection (5) “goods” includes all personal chattels other than things in

action and money.

49      

Exemption for local, short-term collections

(1)   

A public charitable collection is an exempt collection if—

 
 

Charities Bill [HL]
Part 3 — Funding for charitable, benevolent or philanthropic institutions
Chapter 1 — Public charitable collections

52

 

(a)   

it is a local, short-term collection (see subsection (2)), and

(b)   

the promoters notify the local authority in whose area it is to be

conducted of the matters mentioned in subsection (3) within the

prescribed period falling before the day (or the first of the days) on

which the collection takes place,

5

   

unless, within the prescribed period beginning with the date when they are so

notified, the local authority serve a notice under subsection (4) on the

promoters.

(2)   

A public charitable collection is a local, short term collection if—

(a)   

the appeal is local in character; and

10

(b)   

the duration of the appeal does not exceed the prescribed period of

time.

(3)   

The matters referred to in subsection (1)(b) are—

(a)   

the purpose for which the proceeds of the appeal are to be applied;

(b)   

the date or dates on which the collection is to be conducted;

15

(c)   

the place at which, or the locality within which, the collection is to be

conducted; and

(d)   

such other matters as may be prescribed.

(4)   

Where it appears to the local authority—

(a)   

that the collection is not a local, short-term collection, or

20

(b)   

that the promoters or any of them have or has on any occasion—

(i)   

breached any provision of regulations made under section 62,

or

(ii)   

been convicted of an offence within section 52(2)(a)(i) to (v),

   

they must serve on the promoters written notice of their decision to that effect

25

and the reasons for their decision.

(5)   

That notice must also state the right of appeal conferred by section 61(1) and

the time within which such an appeal must be brought.

(6)   

Where—

(a)   

a collection in a public place is conducted otherwise than in accordance

30

with section 47(1) or a door to door collection is conducted otherwise

than in accordance with section 48(1), and

(b)   

the collection is a local, short term collection but the promoters do not

notify the local authority as mentioned in subsection (1)(b),

   

every promoter of the collection is guilty of an offence and liable on summary

35

conviction to a fine not exceeding level 3 on the standard scale.

Public collections certificates

50      

Applications for certificates

(1)   

A person or persons proposing to promote public charitable collections (other

than exempt collections) may apply to the Charity Commission for a public

40

collections certificate in respect of those collections.

(2)   

The application must be made—

(a)   

within the specified period falling before the first of the collections is to

commence, or

 
 

Charities Bill [HL]
Part 3 — Funding for charitable, benevolent or philanthropic institutions
Chapter 1 — Public charitable collections

53

 

(b)   

before such later date as the Commission may allow in the case of that

application.

(3)   

The application must—

(a)   

be made in such form as may be specified,

(b)   

specify the period for which the certificate is sought (which must be no

5

more than 5 years), and

(c)   

contain such other information as may be specified.

(4)   

An application under this section may be made for a public collections

certificate in respect of a single collection; and the references in this Chapter, in

the context of such certificates, to public charitable collections are to be read

10

accordingly.

(5)   

In subsections (2) and (3) “specified” means specified in regulations made by

the Commission after consulting such persons or bodies of persons as it

considers appropriate.

(6)   

Regulations under subsection (5)—

15

(a)   

must be published in such manner as the Commission considers

appropriate,

(b)   

may make different provision for different cases or descriptions of case,

and

(c)   

may make such incidental, supplementary, consequential or

20

transitional provision as the Commission considers appropriate.

(7)   

In this section “exempt collection” means a public charitable collection which

is an exempt collection by virtue of section 49.

51      

Determination of applications and issue of certificates

(1)   

On receiving an application for a public collections certificate made in

25

accordance with section 50, the Commission may make such inquiries

(whether under section 53 or otherwise) as it thinks fit.

(2)   

The Commission must, after making any such inquiries, determine the

application by either—

(a)   

issuing a public collections certificate in respect of the collections, or

30

(b)   

refusing the application on one or more of the grounds specified in

section 52(1).

(3)   

A public collections certificate—

(a)   

must specify such matters as may be prescribed, and

(b)   

shall (subject to section 55) be in force for—

35

(i)   

the period specified in the application in accordance with

section 50(3)(b), or

(ii)   

such shorter period as the Commission thinks fit.

(4)   

The Commission may, at the time of issuing a public collections certificate,

attach to it such conditions as it thinks fit.

40

(5)   

Conditions attached under subsection (4) may include conditions prescribed

for the purposes of that subsection.

(6)   

The Commission must secure that the terms of any conditions attached under

subsection (4) are consistent with the provisions of any regulations under

 
 

Charities Bill [HL]
Part 3 — Funding for charitable, benevolent or philanthropic institutions
Chapter 1 — Public charitable collections

54

 

section 62 (whether or not prescribing conditions for the purposes of that

subsection).

(7)   

Where the Commission—

(a)   

refuses to issue a certificate, or

(b)   

attaches any condition to it,

5

   

it must serve on the applicant written notice of its decision and the reasons for

its decision.

(8)   

That notice must also state the right of appeal conferred by section 56(1) and

the time within which such an appeal must be brought.

52      

Grounds for refusing to issue a certificate

10

(1)   

The grounds on which the Commission may refuse an application for a public

collections certificate are—

(a)   

that the applicant has been convicted of a relevant offence;

(b)   

where the applicant is a person other than a charitable, benevolent or

philanthropic institution for whose benefit the collections are proposed

15

to be conducted, that the Commission is not satisfied that the applicant

is authorised (whether by any such institution or by any person acting

on behalf of any such institution) to promote the collections;

(c)   

that it appears to the Commission that the applicant, in promoting any

other collection authorised under this Chapter or under section 119 of

20

the 1982 Act, failed to exercise the required due diligence;

(d)   

that the Commission is not satisfied that the applicant will exercise the

required due diligence in promoting the proposed collections;

(e)   

that it appears to the Commission that the amount likely to be applied

for charitable, benevolent or philanthropic purposes in consequence of

25

the proposed collections would be inadequate, having regard to the

likely amount of the proceeds of the collections;

(f)   

that it appears to the Commission that the applicant or any other

person would be likely to receive an amount by way of remuneration

in connection with the collections that would be excessive, having

30

regard to all the circumstances;

(g)   

that the applicant has failed to provide information—

(i)   

required for the purposes of the application for the certificate or

a previous application, or

(ii)   

in response to a request under section 53(1);

35

(h)   

that it appears to the Commission that information so provided to it by

the applicant is false or misleading in a material particular;

(i)   

that it appears to the Commission that the applicant or any person

authorised by him—

(i)   

has breached any conditions attached to a previous public

40

collections certificate, or

(ii)   

has persistently breached any conditions attached to a permit

issued under section 58;

(j)   

that it appears to the Commission that the applicant or any person

authorised by him has on any occasion breached any provision of

45

regulations made under section 62(1)(b).

(2)   

For the purposes of subsection (1)—

(a)   

a “relevant offence” is—

 
 

Charities Bill [HL]
Part 3 — Funding for charitable, benevolent or philanthropic institutions
Chapter 1 — Public charitable collections

55

 

(i)   

an offence under section 5 of the 1916 Act;

(ii)   

an offence under the 1939 Act;

(iii)   

an offence under section 119 of the 1982 Act or regulations made

under it;

(iv)   

an offence under this Chapter;

5

(v)   

an offence involving dishonesty; or

(vi)   

an offence of a kind the commission of which would, in the

opinion of the Commission, be likely to be facilitated by the

issuing to the applicant of a public collections certificate; and

(b)   

the “required due diligence” is due diligence—

10

(i)   

to secure that persons authorised by the applicant to act as

collectors for the purposes of the collection were (or will be) fit

and proper persons;

(ii)   

to secure that such persons complied (or will comply) with the

provisions of regulations under section 62(1)(b) of this Act or (as

15

the case may be) section 119 of the 1982 Act; or

(iii)   

to prevent badges or certificates of authority being obtained by

persons other than those the applicant had so authorised.

(3)   

Where an application for a certificate is made by more than one person, any

reference to the applicant in subsection (1) or (2) is to be construed as a

20

reference to any of the applicants.

(4)   

Subject to subsections (5) and (6), the reference in subsection (2)(b)(iii) to

badges or certificates of authority is a reference to badges or certificates of

authority in a form prescribed by regulations under section 62(1)(b) of this Act

or (as the case may be) under section 119 of the 1982 Act.

25

(5)   

Subsection (2)(b) applies to the conduct of the applicant (or any of the

applicants) in relation to any public charitable collection authorised—

(a)   

under regulations made under section 5 of the 1916 Act (collection of

money or sale of articles in a street or other public place), or

(b)   

under the 1939 Act (collection of money or other property by means of

30

visits from house to house),

   

as it applies to his conduct in relation to a collection authorised under this

Chapter, but subject to the modifications set out in subsection (6).

(6)   

The modifications are—

(a)   

in the case of a collection authorised under regulations made under the

35

1916 Act—

(i)   

the reference in subsection (2)(b)(ii) to regulations under section

62(1)(b) of this Act is to be construed as a reference to the

regulations under which the collection in question was

authorised, and

40

(ii)   

the reference in subsection (2)(b)(iii) to badges or certificates of

authority is to be construed as a reference to any written

authority provided to a collector pursuant to those regulations;

and

(b)   

in the case of a collection authorised under the 1939 Act—

45

(i)   

the reference in subsection (2)(b)(ii) to regulations under section

62(1)(b) of this Act is to be construed as a reference to

regulations under section 4 of that Act, and

 
 

Charities Bill [HL]
Part 3 — Funding for charitable, benevolent or philanthropic institutions
Chapter 1 — Public charitable collections

56

 

(ii)   

the reference in subsection (2)(b)(iii) to badges or certificates of

authority is to be construed as a reference to badges or

certificates of authority in a form prescribed by such

regulations.

(7)   

In subsections (1)(c) and (5) a reference to a collection authorised under this

5

Chapter is a reference to a public charitable collection that—

(a)   

is conducted in accordance with section 47 or section 48 (as the case

may be), or

(b)   

is an exempt collection by virtue of section 49.

(8)   

In this section—

10

“the 1916 Act” means the Police, Factories, &c (Miscellaneous Provisions)

Act 1916 (c. 31);

“the 1939 Act” means the House to House Collections Act 1939 (c. 44); and

“the 1982 Act” means the Civic Government (Scotland) Act 1982 (c. 45).

53      

Power to call for information and documents

15

(1)   

The Commission may request—

(a)   

any applicant for a public collections certificate, or

(b)   

any person to whom such a certificate has been issued,

   

to provide it with any information in his possession, or document in his

custody or under this control, which is relevant to the exercise of any of its

20

functions under this Chapter.

(2)   

Nothing in this section affects the power conferred on the Commission by

section 9 of the 1993 Act.

54      

Transfer of certificate between trustees of unincorporated charity

(1)   

One or more individuals to whom a public collections certificate has been

25

issued (“the holders”) may apply to the Commission for a direction that the

certificate be transferred to one or more other individuals (“the recipients”).

(2)   

An application under subsection (1) must—

(a)   

be in such form as may be specified, and

(b)   

contain such information as may be specified.

30

(3)   

The Commission may direct that the certificate be transferred if it is satisfied

that—

(a)   

each of the holders is a trustee of an unincorporated charity and

consents to the transfer;

(b)   

each of the recipients is a trustee of that charity and consents to the

35

transfer; and

(c)   

the charity consents to the transfer.

(4)   

Where the Commission refuses to direct that a certificate be transferred, it must

serve on the holders written notice of—

(a)   

its decision, and

40

(b)   

the reasons for its decision.

(5)   

That notice must also state the right of appeal conferred by section 56(2) and

the time within which such an appeal must be brought.

 
 

 
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