Charities Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Charities Bill [HL]

Charities Bill [HL]
Part 3 — Funding for charitable, benevolent or philanthropic institutions
Chapter 1 — Public charitable collections
64

(e)
to vary, or not to vary, an existing condition of a certificate.
(5)
In determining an appeal under this section, the Tribunal—
(a)
must consider afresh the decision appealed against, and
(b)
may take into account evidence which was not available to the
Commission.
5
(6)
On an appeal under this section, the Tribunal may—
(a)
dismiss the appeal,
(b)
quash the decision, or
(c)
substitute for the decision another decision of a kind that the
Commission could have made;
10

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.
(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).
15
Permits
58
Applications for permits to conduct collections in public places
(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.
20
(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
provided in subsection (4).
(3)
The application must—
(a)
specify the date or dates in respect of which it is desired that the permit,
25
if issued, should have effect (which, in the case of two or more dates,
must not span a period of more than 12 months);
(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.
30
(4)
Where an application (“the certificate application”) has been made in
accordance with section 51 for a public collections certificate in respect of the
collection and either—
(a)
the certificate application has not been determined by the end of the
period mentioned in subsection (2) above, or
35
(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
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
40
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
an exempt collection by virtue of section 50.

Charities Bill [HL]
Part 3 — Funding for charitable, benevolent or philanthropic institutions
Chapter 1 — Public charitable collections
65

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—
(a)
issuing a permit in respect of the collection, or
5
(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
with section 58(3)(a).
(3)
At the time of issuing a permit under this section, a local authority may attach
10
to it such conditions within paragraphs (a) to (d) below as they think fit, having
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
15
the collection may be conducted;
(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.
20
(4)
A local authority must secure that the terms of any conditions attached under
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—
25
(a)
refuse to issue a permit, or
(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
30
the time within which such an appeal must be brought.
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
35
reason of—
(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,
40

it is proposed to be conducted.
(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
45
place is already authorised to be conducted under this Chapter, and

Charities Bill [HL]
Part 3 — Funding for charitable, benevolent or philanthropic institutions
Chapter 1 — Public charitable collections
66

(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,
5
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
(ii)
by virtue of any enactment, and
10
(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.
(4)
In this section a reference to a collection in a public place authorised under this
15
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
(1)
Where subsection (2), (3) or (4) applies, a local authority who have issued a
20
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.
(2)
This subsection applies where the local authority—
25
(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
would have issued it subject to different or additional conditions.
30
(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.
(4)
This subsection applies where the local authority have reason to believe that
35
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
condition) must be one that it would be appropriate for the authority to attach
40
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
the powers conferred by that subsection on a subsequent occasion; and on any
45
subsequent occasion the reference in subsection (2)(a) to the time when the

Charities Bill [HL]
Part 3 — Funding for charitable, benevolent or philanthropic institutions
Chapter 1 — Public charitable collections
67

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—
(a)
withdraw a permit,
(b)
attach a condition to a permit, or
5
(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
the time within which such an appeal must be brought.
10
(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
continue to have effect as if it had not been withdrawn or (as the case may be)
15
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.
62
Appeals against decisions of local authority
20
(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)—
(a)
that the collection is not a local, short-term collection, or
25
(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
collection in a public place in the authority’s area may appeal to a magistrates’
30
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
against a decision of the local authority under section 61—
35
(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
order, and the Magistrates’ Courts Act 1980 (c. 43) shall apply to the
40
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
shall be taken to be brought when the complaint is made.
45

Charities Bill [HL]
Part 3 — Funding for charitable, benevolent or philanthropic institutions
Chapter 1 — Public charitable collections
68

(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
give such directions as it thinks fit, having regard to the provisions of this
5
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—
(a)
on the date or dates notified in accordance with section 50(3)(b), or
10
(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
by the court under subsection (7); but the authority need not comply with any
15
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
abandonment of the appeal.
20
Supplementary
63
Regulations
(1)
The Secretary of State may make regulations—
(a)
prescribing the matters which a local authority are to take into account
in determining whether a collection is local in character for the
25
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
of this Chapter.
30
(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;
(c)
the number of collectors making the appeal and whether they are acting
35
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;
(e)
where the promoters live or have any place of business.
40
(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;

Charities Bill [HL]
Part 3 — Funding for charitable, benevolent or philanthropic institutions
Chapter 1 — Public charitable collections
69

(c)
with respect to the use by collectors of badges and certificates of
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
5
certificate of authority held by him of the purposes of the
collection, to be inspected by a constable or a duly authorised
officer of a local authority, or by an occupier of any premises
visited by him in the course of the collection;
(d)
for prohibiting persons under a prescribed age from acting as
10
collectors, and prohibiting others from causing them so to act.
(4)
Nothing in subsection (2) or (3) prejudices the generality of subsection (1)(a) or
(b).
(5)
Regulations under this section may provide that any failure to comply with a
specified provision of the regulations is to be an offence punishable on
15
summary conviction by a fine not exceeding level 2 on the standard scale.
(6)
Before making regulations under this section the Secretary of State must
consult such persons or bodies of persons as he considers appropriate.
64
Offences
(1)
A person commits an offence if, in connection with any charitable appeal, he
20
displays or uses—
(a)
a prescribed badge or prescribed certificate of authority which is not for
the time being held by him for the purposes of the appeal pursuant to
regulations under section 63, or
(b)
any badge or article, or any certificate or other document, so nearly
25
resembling a prescribed badge or (as the case may be) a prescribed
certificate of authority as to be likely to deceive a member of the public.
(2)
A person commits an offence if—
(a)
for the purposes of an application made under section 51 or section 58,
or
30
(b)
for the purposes of section 49 or section 50,

he knowingly or recklessly furnishes any information which is false or
misleading in a material particular.
(3)
A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
35
(4)
In subsection (1) “prescribed badge” and “prescribed certificate of authority”
mean respectively a badge and a certificate of authority in such form as may be
prescribed.
65
Offences by bodies corporate
(1)
Where any offence under this Chapter or any regulations made under it—
40
(a)
is committed by a body corporate, and
(b)
is proved to have been committed with the consent or connivance of, or
to be attributable to any neglect on the part of, any director, manager,
secretary or other similar officer of the body corporate, or any person
who was purporting to act in any such capacity,
45

Charities Bill [HL]
Part 3 — Funding for charitable, benevolent or philanthropic institutions
Chapter 2 — Fund-raising
70

he as well as the body corporate shall be guilty of that offence and shall be
liable to be proceeded against and punished accordingly.
(2)
In subsection (1) “director”, in relation to a body corporate whose affairs are
managed by its members, means a member of the body corporate.
66
Service of documents
5
(1)
This section applies to any notice required to be served under this Chapter.
(2)
A notice to which this section applies may be served on a person (other than a
body corporate)—
(a)
by delivering it to that person;
(b)
by leaving it at his last known address in the United Kingdom; or
10
(c)
by sending it by post to him at that address.
(3)
A notice to which this section applies may be served on a body corporate by
delivering it or sending it by post—
(a)
to the registered or principal office of the body in the United Kingdom,
or
15
(b)
if it has no such office in the United Kingdom, to any place in the United
Kingdom where it carries on business or conducts its activities (as the
case may be).
(4)
A notice to which this section applies may also be served on a person
(including a body corporate) by sending it by post to that person at an address
20
notified by that person for the purposes of this subsection to the person or
persons by whom it is required to be served.
Chapter 2
Fund-raising
67
Statements indicating benefits for charitable institutions and fund-raisers
25
(1)
Section 60 of the Charities Act 1992 (c. 41) (fund-raisers required to indicate
institutions benefiting and arrangements for remuneration) is amended as
follows.
(2)
In subsection (1) (statements by professional fund-raisers raising money for
particular charitable institutions), for paragraph (c) substitute—
30
“(c)
the method by which the fund-raiser’s remuneration in
connection with the appeal is to be determined and the
notifiable amount of that remuneration.”
(3)
In subsection (2) (statements by professional fund-raisers raising money for
charitable purposes etc.), for paragraph (c) substitute—
35
“(c)
the method by which his remuneration in connection with the
appeal is to be determined and the notifiable amount of that
remuneration.”
(4)
In subsection (3) (statements by commercial participators raising money for
particular charitable institutions), for paragraph (c) substitute—
40
“(c)
the notifiable amount of whichever of the following sums is
applicable in the circumstances—