Charities Act 1992

Yn ddilys o 27/02/2007

Part III E+W PUBLIC CHARITABLE COLLECTIONS

Prospective

F1 Preliminary E+W

Textual Amendments

F1 Pt. III repealed (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 91, Sch. 9; S.I. 2007/309, art. 2, Sch.

F1 65 Interpretation of Part III. E+W

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Prospective

F1 Prohibition on conducting unauthorised collections E+W

F1 66 Prohibition on conducting public charitable collections without authorisation. E+W

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Prospective

F1 Permits E+W

F1 67 Applications for permits to conduct public charitable collections. E+W

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F1 68 Determination of applications and issue of permits. E+W

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F1 69 Refusal of permits. E+W

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F1 70 Withdrawal etc. of permits. E+W

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F1 71 Appeals. E+W

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Orders made by Charity Commissioners E+W

72 Orders made by Charity Commissioners. E+W

(1) Where the Charity Commissioners are satisfied, on the application of any charity, that that charity proposes—

(a) to promote public charitable collections—

(i) throughout England and Wales, or

(ii) throughout a substantial part of England and Wales,

in connection with any charitable purposes pursued by the charity, or

(b) to authorise other persons to promote public charitable collections as mentioned in paragraph (a),

the Commissioners may make an order under this subsection in respect of the charity.

(2) Such an order shall have the effect of authorising public charitable collections which—

(a) are promoted by the charity in respect of which the order is made, or by persons authorised by the charity, and

(b) are so promoted in connection with the charitable purposes mentioned in subsection (1),

to be conducted in such area or areas as may be specified in the order.

(3) An order under subsection (1) may—

(a) include such conditions as the Commissioners think fit;

(b) be expressed (without prejudice to paragraph (c)) to have effect without limit of time, or for a specified period only;

(c) be revoked or varied by a further order of the Commissioners.

(4) Where the Commissioners, having made an order under subsection (1) in respect of a charity, make any further order revoking or varying that order, they shall serve on the charity written notice of their reasons for making the further order, unless it appears to them that the interests of the charity would not be prejudiced by the further order.

[F2 (5) Section 89(1), (2) and (4) of the Charities Act 1993 (provisions as to orders made by the Commissioners) shall apply to an order made by them under this section as it applies to an order made by them under that Act.

(6) In this section “charity” and “charitable purposes” have the same meaning as in that Act.]

Textual Amendments

F2 S. 72(5)(6) substituted for s. 72(5) (1.8.1993) by 1993 c. 10, s. 98(1), Sch. 6 para. 29(7)

Supplementary E+W

Prospective

F1 73 Regulations. E+W

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Textual Amendments

F1 Pt. III repealed (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 91, Sch. 9; S.I. 2007/309, art. 2, Sch.

74 Offences. E+W

(1) A person shall be guilty of an offence if, in connection with any charitable appeal, he displays or uses—

(a) a prescribed badge or a 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 73, or

(b) any badge or article, or any certificate or other document, so nearly 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 guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding the fourth level on the standard scale.

(3) Any person who, for the purposes of an application made under section 67, knowingly or recklessly furnishes any information which is false in a material particular shall be guilty of an offence and liable on summary conviction to a fine not exceeding the fourth level on the standard scale.

[F3 (3A) Any person who knowingly or recklessly provides the Commissioners with information which is false or misleading in a material particular shall be guilty of an offence if the information is provided in circumstances in which he intends, or could reasonably be expected to know, that it would be used by them for the purpose of discharging their functions under section 72.

(3B) A person guilty of an offence under subsection (3A) shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction or indictment, to imprisonment for a term not exceeding two years or to a fine, or both.]

(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 by regulations under section 73.

Textual Amendments

F3 S. 74(3A)(3B) inserted (1.8.1993) by 1993 c. 10, s. 98(1), Sch. 6 para. 29(8)

Modifications etc. (not altering text)

C1 S. 74 applied (coming into force in accordance with s. 1 of the applying Act) by Greenham and Crookham Commons Act 2002 (c. i), s. 21(4)