Charities Act 1992 (c. 41)

(The document as of February, 2008)

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if within a building, is a public area within any station, airport or shopping precinct or any other similar public area.

(9) In subsection (8), paragraph (b) of the definition of "public place" does not apply to--

(a) any place to which members of the public are permitted to have access only if any payment or ticket required as a condition of access has been made or purchased; or

(b) any place to which members of the public are permitted to have access only by virtue of permission given for the purposes of the appeal in question.

Prohibition on conducting unauthorised collections

66 Prohibition on conducting public charitable collections without authorisation

(1) No public charitable collection shall be conducted in the area of any local authority except in accordance with--

(a) a permit issued by the authority under section 68; or

(b) an order made by the Charity Commissioners under section 72.

(2) Where a public charitable collection is conducted in contravention of subsection (1), any promoter of that collection shall be guilty of an offence and liable on summary conviction to a fine not exceeding the fourth level on the standard scale.

Permits

67 Applications for permits to conduct public charitable collections

(1) An application for a permit to conduct a public charitable collection in the area of a local authority shall be made to the authority by the person or persons proposing to promote that collection.

(2) Any such application--

(a) shall specify the period for which it is desired that the permit, if issued, should have effect, being a period not exceeding 12 months; and

(b) shall contain such information as may be prescribed by regulations under section 73.

(3) Any such application--

(a) shall be made at least one month before the relevant day or before such later date as the local authority may in the case of that application allow, but

(b) shall not be made more than six months before the relevant day;

and for this purpose "the relevant day" means the day on which the collection is to be conducted or, where it is to be conducted on more than one day, the first of those days.

(4) Before determining any application duly made to them under this section, a local authority shall consult the chief officer of police for the police area which comprises or includes their area and may make such other inquiries as they think fit.

68 Determination of applications and issue of permits

(1) Where an application for a permit is duly made to a local authority under section 67 in respect of a public charitable collection, the authority shall either--

(a) issue a permit in respect of the collection, or

(b) refuse the application on one or more of the grounds specified in section 69,

and, where they issue such a permit, it shall (subject to section 70) have effect for the period specified in the application in accordance with section 67(2)(a).

(2) A local authority may, at the time of issuing a permit under this section, attach to it such conditions as they think fit, having regard to the local circumstances of the collection; but the authority shall secure that the terms of any such conditions are consistent with the provisions of any regulations under section 73.

(3) Without prejudice to the generality of subsection (2), a local authority may attach conditions--

(a) specifying the day of the week, date, time or frequency of the collection;

(b) specifying the locality or localities within their area in which the collection may be conducted;

(4) Where a local authority--

(a) refuse to issue a permit, or

(b) attach any condition to a permit under subsection (2),

they shall serve on the applicant written notice of their decision to do so and of the reasons for their decision; and that notice shall also state the right of appeal conferred by section 71(1) or (as the case may be) section 71(2), and the time within which such an appeal must be brought.

69 Refusal of permits

(1) A local authority may refuse to issue a permit to conduct a public charitable collection on any of the following grounds, namely--

(a) that it appears to them that the collection would cause undue inconvenience to members of the public by reason of--

(i) the day of the week or date on which,

(ii) the time at which,

(iii) the frequency with which, or

(iv) the locality or localities in which,

it is proposed to be conducted;

(b) that the collection is proposed to be conducted on a day on which another public charitable collection is already authorised (whether under section 68 or otherwise) to be conducted in the authority's area, or on the day falling immediately before, or immediately after, any such day;

(c) that it appears to them that the amount likely to be applied for charitable, benevolent or philanthropic purposes in consequence of the collection would be inadequate, having regard to the likely amount of the proceeds of the collection;

(d) that it appears to them that the applicant or any other person would be likely to receive an excessive amount by way of remuneration in connection with the collection;

(e) that the applicant has been convicted--

(i) of an offence under section 5 of the 1916 Act, under the 1939 Act, under section 119 of the 1982 Act or regulations made under it, or under this Part or regulations made under section 73 below, or

(ii) of any offence involving dishonesty or of a kind the commission of which would in their opinion be likely to be facilitated by the issuing to him of a permit under section 68 above;

(f) where the applicant is a person other than a charitable, benevolent or philanthropic institution for whose benefit the collection is proposed to be conducted, that they are 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 collection; or

(g) that it appears to them that the applicant, in promoting any other collection authorised under this Part or under section 119 of the 1982 Act, failed to exercise due diligence--

(i) to secure that persons authorised by him to act as collectors for the purposes of the collection were fit and proper persons;

(ii) to secure that such persons complied with the provisions of regulations under section 73 below 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 he had so authorised.

(2) A local authority shall not, however, refuse to issue such a permit on the ground mentioned in subsection (1)(b) if it appears to them--

(a) that the collection would be conducted only in one location, which is on land to which members of the public would have access only by virtue of the express or implied permission of the occupier of the land; and

(b) that the occupier of the land consents to the collection being conducted there;

and for this purpose "the occupier", in relation to unoccupied land, means the person entitled to occupy it.

(3) In subsection (1)--

(a) in the case of a collection in relation to which there is more than one applicant, any reference to the applicant shall be construed as a reference to any of the applicants; and

(b) (subject to subsection (4)) the reference in paragraph (g)(iii) to badges or certificates of authority is a reference to badges or certificates of authority in a form prescribed by regulations under section 73 below or (as the case may be) under section 119 of the 1982 Act.

(4) Subsection (1)(g) applies to the conduct of the applicant (or any of the applicants) in relation to any public charitable collection authorised under regulations made under section 5 of the 1916 Act (collection of money or sale of articles in a street or other public place), or authorised 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 Part, subject to the following modifications, namely--

(a) in the case of a collection authorised under regulations made under the 1916 Act--

(i) the reference in sub-paragraph (ii) to regulations under section 73 below shall be construed as a reference to the regulations under which the collection in question was authorised, and

(ii) the reference in sub-paragraph (iii) to badges or certificates of authority shall be construed as a reference to any written authority provided to a collector pursuant to those regulations; and

(b) in the case of a collection authorised under the 1939 Act--

(i) the reference in sub-paragraph (ii) to regulations under section 73 below shall be construed as a reference to regulations under section 4 of that Act, and

(ii) the reference in sub-paragraph (iii) to badges or certificates of authority shall be construed as a reference to badges or certificates of authority in a form prescribed by such regulations.

(5) In this section--

"the 1916 Act" means the [1916 c. 31.] Police, Factories, &c. (Miscellaneous Provisions) Act 1916;
"the 1939 Act" means the [1939 c. 44.] House to House Collections Act 1939; and
"the 1982 Act" means the [1982 c. 45.] Civic Government (Scotland) Act 1982.

70 Withdrawal etc. of permits

(1) Where a local authority who have issued a permit under section 68--

(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 are of the opinion that, if the application for the permit had been made in the new circumstances of the case, the permit would not have been issued by them, or

(b) have reason to believe that any information furnished to them by the promoter (or, in the case of a collection in relation to which there is more than one promoter, by any of them) for the purposes of the application for the permit was false in a material particular,

then (subject to subsection (2)) they may--

(i) withdraw the permit;

(ii) attach any condition to the permit; or

(iii) vary any existing condition of the permit.

(2) Any condition imposed by the local authority under subsection (1) (whether by attaching a new condition to the permit or by varying an existing condition) must be one that could have been attached to the permit under section 68(2) at the time when it was issued, assuming for this purpose--

(a) that the new circumstances of the case had prevailed at that time, or

(b) (in a case falling within paragraph (b) of subsection (1) above) that the authority had been aware of the true circumstances of the case at that time.

(3) Where a local authority who have issued a permit under section 68 have reason to believe that there has been or is likely to be a breach of any condition of it, or that a breach of such a condition is continuing, they may withdraw the permit.

(4) Where under this section a local authority withdraw, attach any condition to, or vary an existing condition of, a permit, they shall serve on the promoter written notice of their decision to do so and of the reasons for their decision; and that notice shall also state the right of appeal conferred by section 71(2) and the time within which such an appeal must be brought.

(5) Where a local authority so withdraw, attach any condition to, or vary an existing condition of, a permit, the permit shall nevertheless continue to have effect as if it had not been withdrawn or (as the case may be) as if the condition had not been attached or the variation had not been made--

(a) until the time for bringing an appeal under section 71(2) has expired, or

(b) if such an appeal is duly brought, until the determination or abandonment of the appeal.

71 Appeals

(1) A person who has duly applied to a local authority under section 67 for a permit to conduct a public charitable collection in the authority's area may appeal to a magistrates' court against a decision of the authority to refuse to issue a permit to him.

(2) A person to whom a permit has been issued under section 68 may appeal to a magistrates' court against--

(a) a decision of the local authority under that section or section 70 to attach any condition to the permit; or

(b) a decision of the local authority under section 70 to vary any condition so attached or to withdraw the permit.

(3) An appeal under subsection (1) or (2) shall be by way of complaint for an order, and the [1980 c. 43.] Magistrates' Courts Act 1980 shall apply to the proceedings; and references in this section to a magistrates' court are to a magistrates' court acting for the petty sessions area in which is situated the office or principal office of the local authority against whose decision the appeal is brought.

(4) 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 68(4) or (as the case may be) section 70(4); and for the purposes of this subsection an appeal shall be taken to be brought when the complaint is made.

(5) An appeal against the decision of a magistrates' court on an appeal under subsection (1) or (2) may be brought to the Crown Court.

(6) 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 Part and of regulations under section 73.

(7) It shall be the duty of the local authority to comply with any directions given by the court under subsection (6); but the authority need not comply with any directions given by a magistrates' court--

(a) until the time for bringing an appeal under subsection (5) has expired, or

(b) if such an appeal is duly brought, until the determination or abandonment of the appeal.

Orders made by Charity Commissioners

72 Orders made by Charity Commissioners

(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;

(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.

(5) In this section "charity" and "charitable purposes" have the same meaning as in the [1960 c. 58.] Charities Act 1960.

Supplementary

73 Regulations

(1) The Secretary of State may make regulations--

(a) prescribing the information which is to be contained in applications made under section 67;

(b) for the purpose of regulating the conduct of public charitable collections authorised under--

(i) permits issued under section 68; or

(ii) orders made by the Charity Commissioners under section 72.

(2) Regulations under subsection (1)(b) may, without prejudice to the generality of that provision, make provision--

(a) about the keeping and publication of accounts;

(b) for the prevention of annoyance to members of the public;

(c) with respect to the use by collectors of badges and certificates of authority, or badges incorporating such certificates, and to other matters relating to such badges and 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 certificate of authority held by him for 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 collectors, and prohibiting others from causing them so to act.

(3) Regulations under this section may provide that any failure to comply with a specified provision of the regulations shall be an offence punishable on summary conviction by a fine not exceeding the second level on the standard scale.

74 Offences

(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.

(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.

Part IV General

75 Offences by bodies corporate

Where any offence--

(a) under this Act or any regulations made under it, or

(b) under the [1960 c. 58.] Charities Act 1960,

is committed by a body corporate and 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, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

In relation to a body corporate whose affairs are managed by its members, "director" means a member of the body corporate.

76 Service of documents

(1) This section applies to--

(a) any order or direction made or given by the Charity Commissioners under Part I of this Act;

(b) any notice or other document required or authorised to be given or served under Part II of this Act; and

(2) A document to which this section applies may be served on or given to 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

(3) A document to which this section applies may be served on or given to 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

(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) Any such document may also be served on or given to a person (including a body corporate) by sending it by post to that person at an address notified by that person for the purposes of this subsection to the person or persons by whom it is required or authorised to be served or given.

77 Regulations and orders

(1) Any regulations or order of the Secretary of State under this Act--

(a) shall be made by statutory instrument; and

(b) (subject to subsection (2)) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2) Subsection (1)(b) does not apply--

(a) to an order under section 38;

(b) to any regulations under section 39;

(d) to an order under section 79(2).

(3) Any regulations or order of the Secretary of State under this Act may make--

(a) different provision for different cases; and

(b) such supplemental, incidental, consequential or transitional provision or savings as the Secretary of State considers appropriate.

(4) Before making any regulations under section 20, 22, 23, 64 or 73 the Secretary of State shall consult such persons or bodies of persons as he considers appropriate.

78 Minor and consequential amendments and repeals

(1) The enactments mentioned in Schedule 6 to this Act shall have effect subject to the amendments there specified (which are either minor amendments or amendments consequential on the provisions of this Act).

(2) The enactments mentioned in Schedule 7 to this Act (which include some that are already spent or are no longer of practical utility) are hereby repealed to the extent specified in the third column of that Schedule.

79 Short title, commencement and extent

(1) This Act may be cited as the Charities Act 1992.

(2) This Act shall come into force on such day as the Secretary of State may by order appoint; and different days may be so appointed for different provisions or for different purposes.

(3) Subject to subsections (4) to (6) below, this Act extends only to England and Wales.

(4) Section 52 and this section extend to the whole of the United Kingdom.

(5) Sections 38 and 39, and so much of section 77 as relates to those sections, extend to England and Wales and Scotland.

(6) The amendments in Schedule 6, and (subject to subsection (7)) the repeals in Schedule 7, have the same extent as the enactments to which they refer, and section 78 extends accordingly.

(7) The repeal in Schedule 7 of the [1916 c. 31.] Police, Factories, &c. (Miscellaneous Provisions) Act 1916 does not extend to Northern Ireland.

SCHEDULES

Sections 2 and 8.

SCHEDULE 1 Sections 4 and 20 of the Charities Act 1960, as amended

Section 4

The register of charities

4 (1) The Commissioners shall continue to keep a register of charities, which shall be kept by them in such manner as they think fit.

(2) There shall be entered in the register every charity not excepted by subsection (4) below; and a charity so excepted (other than one excepted by paragraph (a) of that subsection) may be entered in the register at the request of the charity, but (whether or not it was excepted at the time of registration) may at any time, and shall at the request of the charity, be removed from the register.

(2A) The register shall contain--

(a) the name of every registered charity; and

(b) such other particulars of, and such other information relating to, every such charity as the Commissioners think fit.

(3) Any institution which no longer appears to the Commissioners to be a charity shall be removed from the register, with effect, where the removal is due to any change in its purposes or trusts, from the date of that change; and there shall also be removed from the register any charity which ceases to exist or does not operate.

(4) The following charities are not required to be registered, that is to say,--

(a) any charity comprised in the Second Schedule to this Act (in this Act referred to as an "exempt charity");

(b) any charity which is excepted by order or regulations;

(i) any permanent endowment, nor

(ii) the use or occupation of any land,

and whose income from all sources does not in aggregate amount to more than £1,000 a year;

and no charity is required to be registered in respect of any registered place of worship.

(5) With any application for a charity to be registered there shall be supplied to the Commissioners copies of its trusts (or, if they are not set out in any extant document, particulars of them), and such other documents or information as may be prescribed or as the Commissioners may require for the purpose of the application.

(6) It shall be the duty--

(a) of the charity trustees of any charity which is not registered nor excepted from registration to apply for it to be registered, and to supply the documents and information required by subsection (5) above; and

(b) of the charity trustees (or last charity trustees) of any institution which is for the time being registered to notify the Commissioners if it ceases to exist, or if there is any change in its trusts, or in the particulars of it entered in the register, and to supply to the Commissioners particulars of any such change and copies of any new trusts or alterations of the trusts.

(7) The register (including the entries cancelled when institutions are removed from the register) shall be open to public inspection at all reasonable times; and copies (or particulars) of the trusts of any registered charity as supplied to the Commissioners under this section shall, so long as it remains on the register, be kept by them and be open to public inspection at all reasonable times, except in so far as regulations otherwise provide.

(7A) Where any information contained in the register is not in documentary form, subsection (7) above shall be construed as requiring the information to be available for public inspection in legible form at all reasonable times.

(7B) If the Commissioners so determine, that subsection shall not apply to any particular information contained in the register and specified in their determination.

(8) Nothing in the foregoing subsections shall require any person to supply the Commissioners with copies of schemes for the administration of a charity made otherwise than by the court, or to notify the Commissioners of any change made with respect to a registered charity by such a scheme, or require a person, if he refers the Commissioners to a document or copy already in the possession of the Commissioners, to supply a further copy of the document; but where by virtue of this subsection a copy of any document need not be supplied to the Commissioners, a copy of it, if it relates to a registered charity, shall be open to inspection under subsection (7) above as if supplied to the Commissioners under this section.

(8A) If he thinks it expedient to do so--

(a) in consequence of changes in the value of money, or

(b) with a view to extending the scope of the exception provided for by subsection (4)(c) above,

the Secretary of State may by order amend subsection (4)(c) by substituting a different sum for the sum for the time being specified there.

(8B) Any such order shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(9) In this section "registered place of worship" means any land or building falling within section nine of the Places of Worship Registration Act, 1855, as amended by this Act (that is to say, the land and buildings which, if this Act had not been passed, would by virtue of that section as amended by subsequent enactments be partially exempted from the operation of the Charitable Trusts Act, 1853), and for the purposes of this subsection "building" includes part of a building.

Section 20

Power to act for protection of charities

20 (1) Where, at any time after they have instituted an inquiry under section 6 of this Act with respect to any charity, the Commissioners are satisfied--

(a) that there is or has been any misconduct or mismanagement in the administration of the charity; or

(b) that it is necessary or desirable to act for the purpose of protecting the property of the charity or securing a proper application for the purposes of the charity of that property or of property coming to the charity;

the Commissioners may of their own motion do one or more of the following things, namely--

(i) by order suspend any trustee, charity trustee, officer, agent or employee of the charity from the exercise of his office or employment pending consideration being given to his removal (whether under this section or otherwise);

(ii) by order appoint such number of additional charity trustees as they consider necessary for the proper administration of the charity;

(iii) by order vest any property held by or in trust for the charity in the official custodian for charities, or require the persons in whom any such property is vested to transfer it to him, or appoint any person to transfer any such property to him;

(iv) order any person who holds any property on behalf of the charity, or of any trustee for it, not to part with the property without the approval of the Commissioners;

(v) order any debtor of the charity not to make any payment in or towards the discharge of his liability to the charity without the approval of the Commissioners;

(vi) by order restrict (notwithstanding anything in the trusts of the charity) the transactions which may be entered into, or the nature or amount of the payments which may be made, in the administration of the charity without the approval of the Commissioners;

(vii) by order appoint (in accordance with section 20A of this Act) a receiver and manager in respect of the property and affairs of the charity.

(1A) Where, at any time after they have instituted an inquiry under section 6 of this Act with respect to any charity, the Commissioners are satisfied--

(a) that there is or has been any misconduct or mismanagement in the administration of the charity; and

the Commissioners may of their own motion do either or both of the following things, namely--

(i) by order remove any trustee, charity trustee, officer, agent or employee of the charity who has been responsible for or privy to the misconduct or mismanagement or has by his conduct contributed to it or facilitated it;

(ii) by order establish a scheme for the administration of the charity.

(2) The references in subsection (1) or (1A) above to misconduct or mismanagement shall (notwithstanding anything in the trusts of the charity) extend to the employment for the remuneration or reward of persons acting in the affairs of the charity, or for other administrative purposes, of sums which are excessive in relation to the property which is or is likely to be applied or applicable for the purposes of the charity.

(3) The Commissioners may also remove a charity trustee by order made of their own motion--

(a) where, within the last five years, the trustee--

(i) having previously been adjudged bankrupt or had his estate sequestrated, has been discharged, or

(ii) having previously made a composition or arrangement with, or granted a trust deed for, his creditors, has been discharged in respect of it;

(aa) where the trustee is a corporation in liquidation;

(ab) where the trustee is incapable of acting by reason of mental disorder within the meaning of the Mental Health Act 1983;

(b) where the trustee has not acted, and will not declare his willingness or unwillingness to act;

(c) where the trustee is outside England and Wales or cannot be found or does not act, and his absence or failure to act impedes the proper administration of the charity.

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