|
| |
|
56 | Withdrawal or variation etc. of certificates |
| |
(1) | Where subsection (2), (3) or (4) applies, the Commission may— |
| |
(a) | withdraw a public collections certificate, |
| |
(b) | suspend such a certificate, |
| |
(c) | attach any condition (or further condition) to such a certificate, or |
| 5 |
(d) | vary any existing condition of such a certificate. |
| |
(2) | This subsection applies where the Commission— |
| |
(a) | has reason to believe there has been a change in the circumstances |
| |
which prevailed at the time when it issued the certificate, and |
| |
(b) | is of the opinion that, if the application for the certificate had been made |
| 10 |
in the new circumstances, it would not have issued the certificate or |
| |
would have issued it subject to different or additional conditions. |
| |
(3) | This subsection applies where— |
| |
(a) | the holder of a certificate has unreasonably refused to provide any |
| |
information or document in response to a request under section 54(1), |
| 15 |
| |
(b) | the Commission has reason to believe that information provided to it |
| |
by the holder of a certificate (or, where there is more than one holder, |
| |
by any of them) for the purposes of the application for the certificate, or |
| |
in response to such a request, was false or misleading in a material |
| 20 |
| |
(4) | This subsection applies where the Commission has reason to believe that there |
| |
has been or is likely to be a breach of any condition of a certificate, or that a |
| |
breach of such a condition is continuing. |
| |
(5) | Any condition imposed at any time by the Commission under subsection (1) |
| 25 |
(whether by attaching a new condition to the certificate or by varying an |
| |
existing condition) must be one that it would be appropriate for the |
| |
Commission to attach to the certificate under section 52(4) if the holder was |
| |
applying for it in the circumstances prevailing at that time. |
| |
(6) | The exercise by the Commission of the power conferred by paragraph (b), (c) |
| 30 |
or (d) of subsection (1) on one occasion does not prevent it 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 |
| |
Commission issued the certificate is a reference to the time when it last |
| |
exercised any of those powers. |
| 35 |
(7) | Where the Commission— |
| |
(a) | withdraws or suspends a certificate, |
| |
(b) | attaches a condition to a certificate, or |
| |
(c) | varies an existing condition of a certificate, |
| |
| it must serve on the holder written notice of its decision and the reasons for its |
| 40 |
| |
(8) | That notice must also state the right of appeal conferred by section 57(3) and |
| |
the time within which such an appeal must be brought. |
| |
| |
(a) | considers that the interests of the public require a decision by it under |
| 45 |
this section to have immediate effect, and |
| |
|
| |
|
| |
|
(b) | includes a statement to that effect and the reasons for it in the notice |
| |
served under subsection (7), |
| |
| the decision takes effect when that notice is served on the holder. |
| |
(10) | In any other case the certificate shall continue to have effect as if it had not been |
| |
withdrawn or suspended or (as the case may be) as if the condition had not |
| 5 |
| |
(a) | until the time for bringing an appeal under section 57(3) has expired, or |
| |
(b) | if such an appeal is duly brought, until the determination or |
| |
abandonment of the appeal. |
| |
(11) | A certificate suspended under this section shall (subject to any appeal and any |
| 10 |
withdrawal of the certificate) remain suspended until— |
| |
(a) | such time as the Commission may by notice direct that the certificate is |
| |
| |
(b) | the end of the period of six months beginning with the date on which |
| |
the suspension takes effect, |
| 15 |
| |
57 | Appeals against decisions of the Commission |
| |
(1) | A person who has duly applied to the Commission for a public collections |
| |
certificate may appeal to the Charity Tribunal (“the Tribunal”) against a |
| |
decision of the Commission under section 52— |
| 20 |
(a) | to refuse to issue the certificate, or |
| |
(b) | to attach any condition to it. |
| |
(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. |
| 25 |
(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. |
| 30 |
(4) | The Attorney General may appeal to the Tribunal against a decision of the |
| |
| |
(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), |
| 35 |
(c) | to direct, or not to direct, that a certificate be transferred under section |
| |
| |
(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— |
| 40 |
(a) | must consider afresh the decision appealed against, and |
| |
(b) | may take into account evidence which was not available to the |
| |
| |
(6) | On an appeal under this section, the Tribunal may— |
| |
| 45 |
|
| |
|
| |
|
(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. |
| 5 |
(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). |
| |
| |
58 | Applications for permits to conduct collections in public places |
| 10 |
(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 |
| 15 |
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); |
| 20 |
(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 |
| 25 |
| |
(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 |
| 30 |
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 |
| 35 |
an exempt collection by virtue of section 50. |
| |
59 | Determination of applications and issue of permits |
| |
(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— |
| 40 |
(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 |
| |
| |
(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 |
| 5 |
regard to the local circumstances of the collection— |
| |
(a) | conditions specifying the day of the week, date, time or frequency of |
| |
| |
(b) | conditions specifying the locality or localities within their area in which |
| |
the collection may be conducted; |
| 10 |
(c) | conditions regulating the manner in which the collection is to be |
| |
| |
(d) | such other conditions as may be prescribed for the purposes of this |
| |
| |
(4) | A local authority must secure that the terms of any conditions attached under |
| 15 |
subsection (3) are consistent with the provisions of any regulations under |
| |
section 63 (whether or not prescribing conditions for the purposes of that |
| |
| |
(5) | Where a local authority— |
| |
(a) | refuse to issue a permit, or |
| 20 |
(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. |
| 25 |
| |
(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 |
| |
| 30 |
(a) | the day or the week or date on or in which, |
| |
| |
(c) | the frequency with which, or |
| |
(d) | the locality or localities in which, |
| |
| it is proposed to be conducted. |
| 35 |
(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 |
| |
| |
(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 |
| 40 |
(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 |
| |
| |
(i) | by virtue of the express or implied permission of the occupier of |
| |
| 5 |
(ii) | by virtue of any enactment, and |
| |
(b) | that the occupier of the land consents to that collection being conducted |
| |
| |
| and for this purpose “the occupier”, in relation to unoccupied land, means the |
| |
person entitled to occupy it. |
| 10 |
(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. |
| |
61 | Withdrawal or variation etc. of permits |
| 15 |
(1) | Where subsection (2), (3) or (4) applies, a local authority who have issued a |
| |
permit under section 59 may— |
| |
| |
(b) | attach any condition (or further condition) to the permit, or |
| |
(c) | vary any existing condition of the permit. |
| 20 |
(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 |
| 25 |
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. |
| 30 |
(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 |
| 35 |
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 |
| 40 |
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— |
| 45 |
| |
|
| |
|
| |
|
(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 |
| |
| |
(8) | That notice must also state the right of appeal conferred by section 62(3) and |
| 5 |
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 |
| 10 |
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. |
| 15 |
62 | Appeals against decisions of local authority |
| |
(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 |
| |
| 20 |
(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 |
| |
| |
(2) | A person who has duly applied to a local authority for a permit to conduct a |
| 25 |
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 |
| 30 |
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 |
| 35 |
order, and the Magistrates’ Courts Act 1980 (c. 43) shall apply to the |
| |
| |
(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 |
| 40 |
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 |
| 45 |
|
| |
|
| |
|
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 |
| |
| 5 |
(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 |
| 10 |
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, |
| |
| |
(b) | if such an appeal is duly brought, until the determination or |
| 15 |
abandonment of the appeal. |
| |
| |
| |
(1) | The Secretary of State may make regulations— |
| |
(a) | prescribing the matters which a local authority are to take into account |
| 20 |
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 |
| |
| |
(c) | prescribing anything falling to be prescribed by virtue of any provision |
| 25 |
| |
(2) | The matters which may be prescribed by regulations under subsection (1)(a) |
| |
| |
(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; |
| 30 |
(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 |
| |
| 35 |
(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 |
| 40 |
authority, or badges incorporating such certificates, including, in |
| |
| |
(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 |
| 45 |
collection, to be inspected by a constable or a duly authorised |
| |
|
| |
|