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Charities Bill [HL]


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

57

 

50      

Exemption for local, short-term collections

(1)   

A public charitable collection is an exempt collection if—

(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

5

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

which the collection takes place,

   

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.

10

(2)   

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

(a)   

the appeal is local in character; and

(b)   

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

time.

(3)   

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

15

(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;

(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.

20

(4)   

Where it appears to the local authority—

(a)   

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

(b)   

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

(i)   

breached any provision of regulations made under section 63,

or

25

(ii)   

been convicted of an offence within section 53(2)(a)(i) to (v),

   

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

and the reasons for their decision.

(5)   

That notice must also state the right of appeal conferred by section 62(1) and

the time within which such an appeal must be brought.

30

(6)   

Where—

(a)   

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

with section 48(1) or a door to door collection is conducted otherwise

than in accordance with section 49(1), and

(b)   

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

35

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

   

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.

Public collections certificates

51      

Applications for certificates

40

(1)   

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

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

collections certificate in respect of those collections.

(2)   

The application must be made—

 
 

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

58

 

(a)   

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

commence, or

(b)   

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

application.

(3)   

The application must—

5

(a)   

be made in such form as may be specified,

(b)   

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

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

10

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

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

15

considers appropriate.

(6)   

Regulations under subsection (5)—

(a)   

must be published in such manner as the Commission considers

appropriate,

(b)   

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

20

and

(c)   

may make such incidental, supplementary, consequential or

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 50.

25

52      

Determination of applications and issue of certificates

(1)   

On receiving an application for a public collections certificate made in

accordance with section 51, the Commission may make such inquiries

(whether under section 54 or otherwise) as it thinks fit.

(2)   

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

30

application by either—

(a)   

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

(b)   

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

section 53(1).

(3)   

A public collections certificate—

35

(a)   

must specify such matters as may be prescribed, and

(b)   

shall (subject to section 56) be in force for—

(i)   

the period specified in the application in accordance with

section 51(3)(b), or

(ii)   

such shorter period as the Commission thinks fit.

40

(4)   

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

attach to it such conditions as it thinks fit.

(5)   

Conditions attached under subsection (4) may include conditions prescribed

for the purposes of that subsection.

 
 

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

59

 

(6)   

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

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

section 63 (whether or not prescribing conditions for the purposes of that

subsection).

(7)   

Where the Commission—

5

(a)   

refuses to issue a certificate, or

(b)   

attaches any condition to it,

   

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 57(1) and

10

the time within which such an appeal must be brought.

53      

Grounds for refusing to issue a certificate

(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;

15

(b)   

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

philanthropic institution for whose benefit the collections are proposed

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;

20

(c)   

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

other collection authorised under this Chapter or under section 119 of

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;

25

(e)   

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

for charitable, benevolent or philanthropic purposes in consequence of

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

30

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

in connection with the collections that would be excessive, having

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

35

a previous application, or

(ii)   

in response to a request under section 54(1);

(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

40

authorised by him—

(i)   

has breached any conditions attached to a previous public

collections certificate, or

(ii)   

has persistently breached any conditions attached to a permit

issued under section 59;

45

(j)   

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

authorised by him has on any occasion breached any provision of

regulations made under section 63(1)(b).

 
 

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

60

 

(2)   

For the purposes of subsection (1)—

(a)   

a “relevant offence” is—

(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

5

under it;

(iv)   

an offence under this Chapter;

(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

10

issuing to the applicant of a public collections certificate; and

(b)   

the “required due diligence” is due diligence—

(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;

15

(ii)   

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

provisions of regulations under section 63(1)(b) of this Act or (as

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.

20

(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

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

25

authority in a form prescribed by regulations under section 63(1)(b) of this Act

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

(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

30

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

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).

35

(6)   

The modifications are—

(a)   

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

1916 Act—

(i)   

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

63(1)(b) of this Act is to be construed as a reference to the

40

regulations under which the collection in question was

authorised, and

(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;

45

and

(b)   

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

 
 

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

61

 

(i)   

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

63(1)(b) of this Act is to be construed as a reference to

regulations under section 4 of that Act, and

(ii)   

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

authority is to be construed as a reference to badges or

5

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

Chapter is a reference to a public charitable collection that—

(a)   

is conducted in accordance with section 48 or section 49 (as the case

10

may be), or

(b)   

is an exempt collection by virtue of section 50.

(8)   

In this section—

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

Act 1916 (c. 31);

15

“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).

54      

Power to call for information and documents

(1)   

The Commission may request—

(a)   

any applicant for a public collections certificate, or

20

(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

functions under this Chapter.

(2)   

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

25

section 9 of the 1993 Act.

55      

Transfer of certificate between trustees of unincorporated charity

(1)   

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

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

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

30

(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.

(3)   

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

that—

35

(a)   

each of the holders is or was a trustee of a charity which is not a body

corporate;

(b)   

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

transfer; and

(c)   

the charity trustees consent to the transfer.

40

(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

(b)   

the reasons for its decision.

 
 

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

62

 

(5)   

That notice must also state the right of appeal conferred by section 57(2) and

the time within which such an appeal must be brought.

(6)   

Subsections (5) and (6) of section 51 apply for the purposes of subsection (2) of

this section as they apply for the purposes of subsection (3) of that section.

(7)   

Except as provided by this section, a public collections certificate is not

5

transferable.

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,

10

(c)   

attach any condition (or further condition) to such a certificate, or

(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

15

(b)   

is of the opinion that, if the application for the certificate had been made

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

20

information or document in response to a request under section 54(1),

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

25

in response to such a request, was false or misleading in a material

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.

30

(5)   

Any condition imposed at any time by the Commission under subsection (1)

(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.

35

(6)   

The exercise by the Commission of the power conferred by paragraph (b), (c)

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

40

exercised any of those powers.

(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,

45

 
 

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

63

 

   

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

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—

5

(a)   

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

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

(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

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

15

abandonment of the appeal.

(11)   

A certificate suspended under this section shall (subject to any appeal and any

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

20

(b)   

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

the suspension takes effect,

   

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

25

certificate may appeal to the Charity Tribunal (“the Tribunal”) against a

decision of the Commission under section 52

(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

30

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,

35

(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,

40

(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

45

 
 

 
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