- Latest available (Revised)
- Original (As enacted)
Charities and Trustee Investment (Scotland) Act 2005, Section 83 is up to date with all changes known to be in force on or before 26 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)The Scottish Ministers may, after consulting such persons as they think fit, make regulations—
(a)about the solicitation by professional fundraisers of money or promises of money for the benefit of benevolent bodies or for charitable, benevolent or philanthropic purposes,
(b)about representations made by commercial participators in relation to benevolent contributions,
(c)generally for or in connection with regulating benevolent fundraising by benevolent fundraisers.
(2)Such regulations may, in particular, make provision—
(a)specifying sums for the purposes of section 79(3)(e),
(b)about the form and content of—
(i)agreements for the purposes of section 81,
(ii)notices under section 82(3),
(c)about the information and identification to be provided by professional fundraisers or commercial participators in soliciting money or promises of money or making representations in relation to benevolent contributions,
(d)about the information and identification to be provided by benevolent fundraisers in carrying on benevolent fundraising,
(e)about circumstances in which payments or agreements made in response to—
(i)solicitations or representations of the type described in paragraph (c), or
(ii)benevolent fundraising,
may be refunded or, as the case may be, cancelled,
(f)requiring professional fundraisers or commercial participators to make available to benevolent bodies with whom they have agreements for the purposes of section 81 books, documents or other records (however kept) which relate to the bodies,
(g)about the manner in which money or promises of money acquired by professional fundraisers or commercial participators for the benefit of, or otherwise falling to be given to or applied by them for the benefit of, benevolent bodies is or are to be transmitted to the bodies,
(h)requiring benevolent fundraisers, in carrying on benevolent fundraising, to take all reasonable steps to ensure that it is carried on in such a way that it does not—
(i)unreasonably intrude on the privacy of those from whom funds are being solicited or procured,
(ii)involve the making of unreasonably persistent approaches to persons to donate funds,
(iii)result in undue pressure being placed on persons to donate funds,
(iv)involve the making of any false or misleading representation about any of the matters mentioned in subsection (3).
(3)Those matters are—
(a)the extent or urgency of any need for funds on the part of any benevolent body or company connected with such a body,
(b)any use to which funds donated in response to the fundraising are to be put by such a body or company, and
(c)the activities, achievements or finances of such a body or company.
(4)In subsection (2)(g) the reference to money or promises of money includes a reference to money or promises of money which, in the case of a professional fundraiser or commercial participator—
(a)has or have been acquired by the fundraiser or commercial participator otherwise than in accordance with an agreement with a benevolent body, but
(b)by reason of any solicitation or representation in consequence of which it has or they have been acquired, is or are held by the fundraiser or commercial participator on trust for such a body.
(5)Regulations under this section may provide that a person who, without reasonable excuse, fails to comply with a specified requirement of the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(6)In this section—
“benevolent fundraising” means soliciting or otherwise procuring money or promises of money for—
the benefit of benevolent bodies or companies connected with them, or
charitable, benevolent or philanthropic purposes,
“benevolent fundraisers” are—
benevolent bodies and companies connected with them,
persons concerned in the management or control of such bodies or companies,
employees or agents of—
such bodies or companies,
persons concerned in the management or control of such bodies or companies, and
volunteers acting for or on behalf of such bodies or companies.
Commencement Information
I1S. 83 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1
I2S. 83 in force at 24.4.2006 in so far as not already in force by S.S.I. 2006/189, art. 2(2), Sch. Pt. 2
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: