Charities Act 1992

• “public charitable collection” has the meaning given by section 45 of that Act.

60B

• (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) £10 per day, or

• (ii) £1,000 per year,

by way of remuneration for acting as a collector in relation to relevant collections, or

• (b) more than £1,000 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) £10 per day, or

• (ii) £1,000 per year, or

• (b) if a lump sum, is not more than £1,000.

• (6) The Secretary of State may by order amend subsections (2) and (5) by substituting a different sum for any sum for the time being specified there.

64A

• (1) The Secretary of State 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 and sections 64B and 64C “ 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).

• (5) The matters are—

• (a) the extent or urgency of any need for funds on the part of any charitable institution or company connected with such an institution;

• (b) any use to which funds donated in response to the fund-raising are to be put by such an institution or company;

• (c) the activities, achievements or finances of such an institution or company.

• (6) Regulations under this section may provide that a person who persistently fails, without reasonable excuse, to comply with any specified requirement of the regulations is to be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

• (7) For the purposes of this section—

• (a) “ funds ” means money or other property;

• (b) “ general charitable, benevolent or philanthropic purposes ” means charitable, benevolent or philanthropic purposes other than those associated with one or more particular institutions;

• (c) the persons “ managing ” a charitable institution are the charity trustees or other persons having the general control and management of the administration of the institution; and

• (d) a person is “ connected ” with a charitable institution if he is an employee or agent of—

• (i) the institution,

• (ii) the persons managing it, or

• (iii) a company connected with it,

or he is a volunteer acting on behalf of the institution or such a company.

• (8) In this section “ primary purpose trading ”, in relation to a charitable institution, means any trade carried on by the institution or a company connected with it where—

• (a) the trade is carried on in the course of the actual carrying out of a primary purpose of the institution; or

• (b) the work in connection with the trade is mainly carried out by beneficiaries of the institution.

Prohibition on professional fund-raiser etc. raising funds for charitable institution without an agreement in prescribed form.

Professional fund-raisers etc. required to indicate institutions benefiting and arrangements for remuneration.

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CLERGY PENSIONS MEASURE 1961 (No.3)

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LEASEHOLD REFORM ACT 1967 (c.88)

CATHEDRALS MEASURE 1963 (No.2)

LOCAL GOVERNMENT ACT 1972 (c.70)

HOUSING ACT 1985 (c.68)

SHARING OF CHURCH BUILDINGS ACT 1969 (c.38)

LOCAL GOVERNMENT ACT 1972 (c.70)

FIRE PRECAUTIONS (LOANS) ACT 1973 (c.11)

THEATRES TRUST ACT 1976 (c.27)

FINANCIAL SERVICES ACT 1986 (c.60)

COMPANIES ACT 1985 (c.6)

HOUSING ASSOCIATIONS ACT 1985 (c.69)

Other persons making appeals required to indicate institutions benefiting and arrangements for remuneration

Cancellation of payments and agreements made in response to appeals.

COMPANIES ACT 1985 (c.6)

CIVIC GOVERNMENT (SCOTLAND) ACT 1982 (c. 45)

FINANCIAL SERVICES ACT 1986 (c.60)

REVERTER OF SITES ACT 1987 (c.15)

INCOME AND CORPORATION TAXES ACT 1988 (c.1)

Professional fund-raisers etc. required to indicate institutions benefiting and arrangements for remuneration.

Other persons making appeals required to indicate institutions benefiting and arrangements for remuneration

Reserve power in relation to fund-raising regulators

64B

• (1) Regulations under section 64A may, in particular, impose on charitable institutions requirements to do any of the following—

• (a) to comply with requirements imposed by a regulator;

• (b) to have regard to guidance issued by a regulator;

• (c) to pay fees to a regulator of an amount determined by the regulations or determined by the regulator in accordance with the regulations;

• (d) to be registered with a regulator for the purpose of its regulation of charity fund-raising.

• (2) “ Regulator ” means a body specified in the regulations as a regulator for the purposes of this section.

• (3) A body may be specified as a regulator for the purposes of this section only if the regulation of charity fund-raising appears to the Secretary of State to be a principal function of the body.

• (4) A body maintained out of money provided by Parliament may not be specified as a regulator (and this section does not confer power by regulations to establish a body to act as regulator).

Reserve power to confer additional powers on Charity Commission

64C

• (1) In the case of charity fund-raising which—

• (a) is carried on by a charity, a person managing a charity or a person or company connected with a charity, or

• (b) involves soliciting or otherwise procuring funds for the benefit of a charity or a company connected with a charity, or for charitable purposes,

regulations under section 64A may, in particular, make provision conferring functions on the Charity Commission, including provision applying or reproducing, with or without modification, any provision of the Charities Act 2011.

• (2) The regulations may provide for a power that is exercisable by the Commission by virtue of the regulations to be exercisable by a person appointed by the Commission for the purpose.

• (3) Where regulations by virtue of this section apply in relation to charity fund-raising by institutions that are not charities, section 19 of the Charities Act 2011 (fees and other amounts payable to Commission) applies in relation to the regulations as it applies in relation to the enactments relating to charities (but that is without prejudice to the application of other provisions by virtue of this section or section 77(3)).

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CLERGY PENSIONS MEASURE 1961 (No.3)

COMPANIES ACT 1985 (c.6)

HOUSING ACT 1985 (c.68)