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Part IIE+W CONTROL OF FUND-RAISING FOR CHARITABLE INSTITUTIONS

Commencement Information

I1Pt. II (ss. 58-64) wholly in force at 1.3.1995; Pt. II not in force at Royal Assent see s. 79(2); Pt. II in force for certain purposes at 28.11.1994 and wholly in force at 1.3.1995 by S.I. 1994/3023, art. 2.

PreliminaryE+W

58 Interpretation of Part II.E+W

(1)In this Part—

(2)In subsection (1), paragraph (b) of the definition of “professional fund-raiser” does not apply to any of the following, namely—

(a)any charitable institution or any company connected with any such institution;

(b)any officer or employee of any such institution or company, or any trustee of any such institution, acting (in each case) in his capacity as such;

(c)any person acting as a collector in respect of a public charitable collection (apart from a person who is [F6a promoter of such a collection as defined in section 47(1) of the Charities Act 2006]);

(d)any person who in the course of a relevant programme, that is to say a radio or television programme in the course of which a fund-raising venture is undertaken by—

(i)a charitable institution, or

(ii)a company connected with such an institution,

makes any solicitation at the instance of that institution or company; or

(e)any commercial participator;

and for this purpose “collector” and “public charitable collection” have the same meaning as in [F7Chapter 1 of Part 3 of the Charities Act 2006].

(3)In addition, paragraph (b) of the definition of “professional fund-raiser” does not apply to a person if he does not receive—

(a)more than—

(i)[F8£10] per day, or

(ii)[F9£1,000] per year,

by way of remuneration in connection with soliciting money or other property for the benefit of the charitable institution referred to in that paragraph; or

(b)more than [F10£1,000] by way of remuneration in connection with any fund-raising venture in the course of which he solicits money or other property for the benefit of that institution.

(4)In this Part any reference to charitable purposes, where occurring in the context of a reference to charitable, benevolent or philanthropic purposes, is a reference to charitable purposes [F11as defined by section 2(1) of the Charities Act 2011].

(5)For the purposes of this Part a company is connected with a charitable institution if—

(a)the institution, or

(b)the institution and one or more other charitable institutions, taken together,

is or are entitled (whether directly or through one or more nominees) to exercise, or control the exercise of, the whole of the voting power at any general meeting of the company.

(6)In this Part—

(a)represent” and “solicit” mean respectively represent and solicit in any manner whatever, whether expressly or impliedly and whether done—

(i)by speaking directly to the person or persons to whom the representation or solicitation is addressed (whether when in his or their presence or not), or

(ii)by means of a statement published in any newspaper, film or radio or television programme,

or otherwise, and references to a representation or solicitation shall be construed accordingly; and

(b)any reference to soliciting or otherwise procuring money or other property is a reference to soliciting or otherwise procuring money or other property whether any consideration is, or is to be, given in return for the money or other property or not.

(7)Where—

(a)any solicitation of money or other property for the benefit of a charitable institution is made in accordance with arrangements between any person and that institution, and

(b)under those arrangements that person will be responsible for receiving on behalf of the institution money or other property given in response to the solicitation,

then (if he would not be so regarded apart from this subsection) that person shall be regarded for the purposes of this Part as soliciting money or other property for the benefit of the institution.

(8)Where any fund-raising venture is undertaken by a professional fund-raiser in the course of a radio or television programme, any solicitation which is made by a person in the course of the programme at the instance of the fund-raiser shall be regarded for the purposes of this Part as made by the fund-raiser and not by that person (and shall be so regarded whether or not the solicitation is made by that person for any reward).

(9)In this Part “services” includes facilities, and in particular—

(a)access to any premises or event;

(b)membership of any organisation;

(c)the provision of advertising space; and

(d)the provision of any financial facilities;

and references to the supply of services shall be construed accordingly.

(10)The [F12Minister] may by order amend subsection (3) by substituting a different sum for any sum for the time being specified there.

Textual Amendments

F1Definition in s. 58(1) omitted (14.3.2012 immediately before the Charities Act 2011 (c. 25) comes into force) by virtue of The Charities (Pre-consolidation Amendments) Order 2011 (S.I. 2011/1396), art. 1, Sch. paras. 40(1), (2)(c)

F2Words in s. 58(1) inserted (3.11.1994) by 1994 c. 40, ss. 25(2), 82(2)

F3Words in s. 58(1) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 65(1) (with s. 20(2), Sch. 8)

F4Words in s. 58(1) inserted (8.11.2006) by Charities Act 2006 (c. 50), s. 79(1)(g), Sch. 8 para. 90(2)

F5Words in s. 58(1) inserted (3.11.1994) by 1994 c. 40, ss. 25(3), 82(2)

F6Words in s. 58(2)(c) substituted (1.4.2008) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 90(3)(a); S.I. 2007/3286, art. 3, Sch. 2 (with art. 4)

F7Words in s. 58(2) substituted (1.4.2008) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 90(3)(b); S.I. 2007/3286, art. 3, Sch. 2 (with art. 4)

F11Words in s. 58(4) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 65(2) (with s. 20(2), Sch. 8)

Commencement Information

I2Pt. II (ss. 58-64) wholly in force at 1.3.1995; Pt. II not in force at Royal Assent see s. 79(2); Pt. II in force for certain purposes at 28.11.1994 and wholly in force at 1.3.1995 by S.I. 1999/3023, art. 2

Marginal Citations