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Session 2005 - 06
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Charities Bill [HL]


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

62

 

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

or

(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

particular.

(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

decision.

(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.

(9)   

If the Commission—

(a)   

considers that the interests of the public require a decision by it under

45

this section to have immediate effect, and

 
 

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

63

 

(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

been attached or varied—

(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

again in force, or

(b)   

the end of the period of six months beginning with the date on which

the suspension takes effect,

15

   

whichever is the sooner.

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

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),

35

(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—

40

(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,

45

 
 

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

64

 

(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).

Permits

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

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

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).

 
 

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

65

 

(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

5

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;

10

(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

15

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

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

60      

Refusal of permits

(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—

30

(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.

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

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

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—

 
 

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

66

 

(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

5

(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.

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—

(a)   

withdraw the permit,

(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

(a)   

withdraw a permit,

 
 

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

67

 

(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

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

50(4)—

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

that subsection.

(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

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

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

 
 

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

68

 

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—

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,

or

(b)   

if such an appeal is duly brought, until the determination or

15

abandonment of the appeal.

Supplementary

63      

Regulations

(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

collections;

(c)   

prescribing anything falling to be prescribed by virtue of any provision

25

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;

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

to be conducted;

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

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

45

collection, to be inspected by a constable or a duly authorised

 
 

 
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