Charities Act 1992

In this Part—

Subject to subsection (3) below, sections 45 and 46 of the 1960 Act (interpretation) shall have effect for the purposes of this Part as they have effect for the purposes of that Act.

A special trust shall not, by itself, constitute a charity for the purposes of sections 19 to 26.

No vesting or transfer of any property in pursuance of any provision of this Part, or of any provision of the 1960 Act as amended by this Part, shall operate as a breach of a covenant or condition against alienation or give rise to a forfeiture.

Section 4 of the 1960 Act (the register of charities) shall be amended as follows.

For subsection (1) there shall be substituted—

In subsection (2), after “so excepted” there shall be inserted “(other than one excepted by paragraph (a) of that subsection)”.

After subsection (2) there shall be inserted—

In subsection (4), for paragraph (c) there shall be substituted—.

After subsection (7) there shall be inserted—

After subsection (8) there shall be inserted—

Where an exempt charity is on the register immediately before the time when subsection (3) above comes into force, its registration shall cease to have effect at that time.

Section 4 of the 1960 Act, as amended by this section, and with the omission of repealed provisions, is set out in Schedule 1 to this Act.

This section applies to a registered charity if its gross income in its last financial year exceeded £5,000.

Where this section applies to a registered charity, the fact that it is a registered charity shall be stated in English in legible characters—

Subsection (2)(a) has effect whether the solicitation is express or implied, and whether the money or other property is to be given for any consideration or not.

If, in the case of a registered charity to which this section applies, any person issues or authorises the issue of any document falling within paragraph (a) or (c) of subsection (2) in which the fact that the charity is a registered charity is not stated as required by that subsection, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the third level on the standard scale.

If, in the case of any such registered charity, any person signs any document falling within paragraph (b) of subsection (2) in which the fact that the charity is a registered charity is not stated as required by that subsection, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the third level on the standard scale.

The Secretary of State may by order amend subsection (1) by substituting a different sum for the sum for the time being specified there.

Where this subsection applies to a charity, the Commissioners may give a direction requiring the name of the charity to be changed, within such period as is specified in the direction, to such other name as the charity trustees may determine with the approval of the Commissioners.

Subsection (1) applies to a charity if— and in this subsection any reference to the name of a charity is, in relation to a registered charity, a reference to the name by which it is registered.

Any direction given by virtue of subsection (2)(a) above must be given within 12 months of the time when the registered name was entered in the register in respect of the charity.

Any direction given under this section with respect to a charity shall be given to the charity trustees; and on receiving any such direction the charity trustees shall give effect to it notwithstanding anything in the trusts of the charity.

Where the name of any charity is changed under this section, then (without prejudice to section 4(6)(b) of the 1960 Act (notification of changes in particulars of registered charity)) it shall be the duty of the charity trustees forthwith to notify the Commissioners of the charity’s new name and of the date on which the change occurred.

A change of name by a charity under this section does not affect any rights or obligations of the charity; and any legal proceedings that might have been continued or commenced by or against it in its former name may be continued or commenced by or against it in its new name.

Section 26(3) of the Companies Act 1985 (minor variations in names to be disregarded) shall apply for the purposes of this section as if the reference to section 26(1)(c) of that Act were a reference to subsection (2)(a) above.

Any reference in this section to the charity trustees of a charity shall, in relation to a charity which is a company, be read as a reference to the directors of the company.

Nothing in this section applies to an exempt charity.

Where any direction is given under section 4 of this Act with respect to a charity which is a company, the direction shall be taken to require the name of the charity to be changed by resolution of the directors of the company.

Section 380 of the Companies Act 1985 (registration etc. of resolutions and agreements) shall apply to any resolution passed by the directors in compliance with any such direction.

Where the name of such a charity is changed in compliance with any such direction, the registrar of companies— and the change of name has effect from the date on which the altered certificate is issued.

Section 6 of the 1960 Act (general power to institute inquiries) shall be amended as follows.

In subsection (3)—

In subsection (5), for “an order or precept under paragraph (b)” there shall be substituted “a direction under paragraph (c)”.

Subsection (6) (exemption for person claiming to hold property adversely to a charity) shall be omitted.

For subsection (7) there shall be substituted—

Subsection (9) (which is superseded by section 54(2) below) shall be omitted.

Section 7 of the 1960 Act (power to call for documents and search records) shall be amended as follows.

For subsection (1) there shall be substituted—

Subsection (4) (exemption for person claiming to hold property adversely to a charity) shall be omitted.

At the end of the section there shall be added—

Section 20 of the 1960 Act (power to act for protection of charities) shall be amended as follows.

For subsection (1) there shall be substituted—

In subsection (2), after “subsection (1)” there shall be inserted “or (1A)”.

In subsection (3), for paragraph (a) there shall be substituted—.

For subsection (7) there shall be substituted—

In subsection (8), for the words from the beginning to “the suspension” there shall be substituted “The power of the Commissioners to make an order under subsection (1)(i) above shall not be exercisable so as to suspend any person from the exercise of his office or employment for a period of more than twelve months; but (without prejudice to the generality of section 40(1) of this Act) any such order made in the case of any person may make provision as respects the period of his suspension”.

In subsection (9), after “section” there shall be inserted “otherwise than by virtue of subsection (1) above”.

After subsection (9) there shall be inserted—

For subsection (10) there shall be substituted—

Section 20 of the 1960 Act, as amended by this section, and with the omission of repealed provisions, is set out in Schedule 1 to this Act.

At the end of section 30 of the 1960 Act (charitable companies: winding up) there shall be added—

The existing provisions of section 30 of the 1960 Act (as amended by the Companies Act 1989) shall accordingly constitute subsection (1) of that section.

The following provisions of the 1960 Act (as amended by this Act), namely— shall have effect in relation to any recognised body which is managed or controlled wholly or mainly in or from England or Wales as they have effect in relation to a charity; and in paragraph 3(6) of Schedule 1 to that Act (constitution etc. of Commissioners) the reference to sections 6, 20 and 20A of that Act includes a reference to those sections as applied by this subsection.

Where— then, if the Commissioners are satisfied as to the matters mentioned in subsection (3), they may make an order requiring the person holding the property not to part with it without their approval.

The matters referred to in subsection (2) are— and the reference in that subsection to the Commissioners being satisfied as to those matters is a reference to their being so satisfied on the basis of such information as may be supplied to them by the Lord Advocate.

Where—

The Commissioners may specify in an order under subsection (4) such other recognised body or such charity as they consider appropriate, being a body or charity whose purposes are, in the opinion of the Commissioners, as similar in character to those of the body referred to in paragraph (a) of that subsection as is reasonably practicable; but the Commissioners shall not so specify any body or charity unless they have received— as the case may be, written confirmation that they are willing to accept the property.

In this section “recognised body” has the same meaning as in Part I of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (Scottish charities).

Section 18 of the 1960 Act (Commissioners' concurrent jurisdiction with High Court for certain purposes) shall be amended as follows.

At the end of subsection (4) there shall be added; or

For subsection (5) there shall be substituted—

In subsection (6), for the words from “the Commissioners may” to “(5) above:” there shall be substituted “and the Commissioners have given the charity trustees an opportunity to make representations to them, the Commissioners may proceed as if an application for a scheme had been made by the charity:”.

After subsection (6) there shall be inserted—

At the end of the section there shall be added—

After section 21 of the 1960 Act there shall be inserted—

The amendment made by subsection (1) above shall be deemed always to have had effect; but in the section 21A inserted by that subsection the reference to section 128 of the Supreme Court Act 1981 shall, in relation to any time before 1st January 1982, be construed as a reference to section 175(1) of the Supreme Court of Judicature (Consolidation) Act 1925.

Section 14 of the 1960 Act (application cy-prehs of gifts of donors unknown or disclaiming) shall be amended as follows.

In subsection (1)—

After subsection (1) there shall be inserted—

In subsection (4)(b), for “twelve” there shall be substituted “six”.

After subsection (4) there shall be inserted—

After subsection (5) there shall be inserted—

Where the Commissioners— they may give a direction under subsection (2).

A direction under this subsection is a direction which—

The Commissioners may specify in a direction under subsection (2) such other charity or charities as they consider appropriate, having regard, in a case where the purposes of the relevant charity are known to them, to those purposes and to the purposes of the other charity or charities; but the Commissioners shall not so specify any charity unless they have received from the charity trustees written confirmation that those trustees are willing to accept the amount proposed to be transferred to the charity.

Any amount received by a charity by virtue of this section shall be received by the charity on terms that—

Where— the institution shall forthwith notify those circumstances in writing to the Commissioners; and, if it appears to the Commissioners that the account or accounts in question is or are no longer dormant, they shall revoke any direction under subsection (2) which has previously been given by them to the institution with respect to the relevant charity.

The receipt of any charity trustees or trustee for a charity in respect of any amount received from a relevant institution by virtue of this section shall be a complete discharge of the institution in respect of that amount.

No obligation as to secrecy or other restriction on disclosure (however imposed) shall preclude a relevant institution from disclosing any information to the Commissioners for the purpose of enabling them to discharge their functions under this section.

For the purposes of this section—

For the purpose of determining the matters in respect of which any of the powers conferred by section 6 or 7 of the 1960 Act (power of Commissioners to institute inquiries or obtain information) may be exercised it shall be assumed that the Commissioners have no functions under this section in relation to accounts to which this subsection applies (with the result that, for example, a relevant institution shall not, in connection with the functions of the Commissioners under this section, be required under section 6(3)(a) of that Act to furnish any statements, or answer any questions or inquiries, with respect to any such accounts held by the institution). This subsection applies to accounts which are dormant accounts by virtue of subsection (8)(a) above but would not be such accounts if sub-paragraph (i) of that provision were omitted.

Subsection (1) shall not apply to any account held in the name of or on behalf of an exempt charity.

The charity trustees of a charity shall ensure that accounting records are kept in respect of the charity which are sufficient to show and explain all the charity’s transactions, and which are such as to—

The accounting records shall in particular contain—

The charity trustees of a charity shall preserve any accounting records made for the purposes of this section in respect of the charity for at least six years from the end of the financial year of the charity in which they are made.

Where a charity ceases to exist within the period of six years mentioned in subsection (3) as it applies to any accounting records, the obligation to preserve those records in accordance with that subsection shall continue to be discharged by the last charity trustees of the charity, unless the Commissioners consent in writing to the records being destroyed or otherwise disposed of.

Nothing in this section applies to a charity which is a company.

The charity trustees of a charity shall (subject to subsection (3)) prepare in respect of each financial year of the charity a statement of accounts complying with such requirements as to its form and contents as may be prescribed by regulations made by the Secretary of State.

Without prejudice to the generality of subsection (1), regulations under that subsection may make provision— and regulations under that subsection may also make provision for determining the financial years of a charity for the purposes of this Part and any regulations made under it.

Where a charity’s gross income in any financial year does not exceed £25,000, the charity trustees may, in respect of that year, elect to prepare the following, namely— instead of a statement of accounts under subsection (1).

The charity trustees of a charity shall preserve— for at least six years from the end of the financial year to which any such statement relates or (as the case may be) to which any such account and statement relate.

Subsection (4) of section 19 shall apply in relation to the preservation of any such statement or account and statement as it applies in relation to the preservation of any accounting records (the references to subsection (3) of that section being read as references to subsection (4) above).

The Secretary of State may by order amend subsection (3) above by substituting a different sum for the sum for the time being specified there.

Nothing in this section applies to a charity which is a company.

Subsection (2) applies to a financial year of a charity (“the relevant year”) if the charity’s gross income or total expenditure in any of the following, namely— exceeds £100,000.

If this subsection applies to a financial year of a charity, the accounts of the charity for that year shall be audited by a person who—

If subsection (2) does not apply to a financial year of a charity, then (subject to subsection (4)) the accounts of the charity for that year shall, at the election of the charity trustees, either—

Where it appears to the Commissioners— the Commissioners may by order require the accounts of the charity for that year to be audited by such a person as is mentioned in that subsection.

If the Commissioners make an order under subsection (4) with respect to a charity, then unless— the auditor shall be a person appointed by the Commissioners.

The expenses of any audit carried out by an auditor appointed by the Commissioners under subsection (5), including the auditor’s remuneration, shall be recoverable by the Commissioners—

The Commissioners may— and any such guidance or directions may either be of general application or apply to a particular charity only.

The Secretary of State may by order amend subsection (1) by substituting a different sum for the sum for the time being specified there.

Nothing in this section applies to a charity which is a company; but section 8(3) to (6) of the 1960 Act (power of Commissioners to require condition and accounts of charity to be investigated and audited) shall continue to apply to such a charity.

The Secretary of State may by regulations make provision—

If any person fails to afford an auditor or an independent examiner any facility to which he is entitled by virtue of subsection (1)(d) or (e), the Commissioners may by order give— such directions as the Commissioners think appropriate for securing that the default is made good.

Section 727 of the Companies Act 1985 (power of court to grant relief in certain cases) shall have effect in relation to an auditor or independent examiner appointed by a charity in pursuance of section 21 above as it has effect in relation to a person employed as auditor by a company within the meaning of that Act.

The charity trustees of a charity shall prepare in respect of each financial year of the charity an annual report containing— as may be prescribed by regulations made by the Secretary of State.

Without prejudice to the generality of subsection (1), regulations under that subsection may make provision—

The annual report required to be prepared under this section in respect of any financial year of a charity shall be transmitted to the Commissioners by the charity trustees—

Subject to subsection (5), any such annual report shall have attached to it the statement of accounts prepared for the financial year in question under section 20(1) or (as the case may be) the account and statement so prepared under section 20(3), together with—

Subsection (4) does not apply to a charity which is a company, and any annual report transmitted by the charity trustees of such a charity under subsection (3) shall instead have attached to it a copy of the charity’s annual accounts prepared for the financial year in question under Part VII of the Companies Act 1985, together with a copy of the auditors' report on those accounts.

Any annual report transmitted to the Commissioners under subsection (3), together with the documents attached to it, shall be kept by the Commissioners for such period as they think fit.

Nothing in sections 19 to 23 applies to any exempt charity; but section 32(1) and (2) of the 1960 Act (general obligation to keep accounts) shall continue to apply to any such charity.

Nothing in sections 21 to 23 applies to any charity which—

Except in accordance with subsection (6) below, nothing in section 23 applies to any charity (other than an exempt charity or a charity which falls within section 4(4)(c) of the 1960 Act) which—

If requested to do so by the Commmissioners, the charity trustees of any such charity as is mentioned in subsection (3) above shall prepare an annual report in respect of such financial year of the charity as is specified in the Commissioners' request.

Any report prepared under subsection (4) above shall contain— as may be prescribed by regulations made under section 23(1) in relation to annual reports prepared under that provision.

Subsections (3) to (6) of section 23 shall apply to any report required to be prepared under subsection (4) above as if it were an annual report required to be prepared under subsection (1) of that section.

Any reference in this section to a charity which falls within section 4(4)(c) of the 1960 Act includes a reference to a charity which falls within that provision but is also excepted from registration by section 4(4)(b) of that Act (charities excepted by order or regulations).

Any annual report or other document kept by the Commissioners in pursuance of section 23(6) shall be open to public inspection at all reasonable times—

Section 9 of the 1960 Act (supply by Commissioners of copies of documents open to public inspection) shall have effect as if the reference to that Act included a reference to subsection (1) above.

Where any person— those trustees shall comply with the request within the period of two months beginning with the date on which it is made.

In subsection (3) the reference to a charity’s most recent accounts is—

Every registered charity shall prepare in respect of each of its financial years an annual return in such form, and containing such information, as may be prescribed by regulations made by the Commissioners.

Any such return shall be transmitted to the Commissioners by the date by which the charity trustees are, by virtue of section 23(3), required to transmit to them the annual report required to be prepared in respect of the financial year in question.

The Commissioners may dispense with the requirements of subsection (1) in the case of a particular charity or a particular class of charities, or in the case of a particular financial year of a charity or of any class of charities.

The official custodian shall, in accordance with this section, divest himself of all property to which this subsection applies.

Subsection (1) applies to any property held by the official custodian in his capacity as such, with the exception of—

Where property to which subsection (1) applies is held by the official custodian in trust for particular charities, he shall (subject to subsection (7)) divest himself of that property in such manner as the Commissioners may direct.

Without prejudice to the generality of subsection (3), directions given by the Commissioners under that subsection may make different provision in relation to different property held by the official custodian or in relation to different classes or descriptions of property held by him, including (in particular)—

The charity trustees of a charity may, in the case of any property falling to be transferred by the official custodian in accordance with a direction under subsection (3), nominate a person to hold any such property in trust for the charity; but a person shall not be so nominated unless—

Directions under subsection (3) shall, in the case of any property vested in the official custodian by virtue of section 22(6) of the 1960 Act (common investment funds), provide for any such property to be transferred—

Where subsection (7) applies in relation to a charity (“the dormant charity”), the Commissioners may direct the official custodian—

The Commissioners may specify in a direction under subsection (8) such charity or charities as they consider appropriate, being in each case a charity whose purposes are, in the opinion of the Commissioners, as similar in character to those of the dormant charity as is reasonably practicable; but the Commissioners shall not so specify any charity unless they have received from the charity trustees written confirmation that they are willing to accept the amount proposed to be paid to the charity.

Any amount received by a charity by virtue of subsection (8) shall be received by the charity on terms that—

At such time as the Commissioners are satisfied that the official custodian has divested himself of all property held by him in trust for particular charities, all remaining funds held by him as official custodian shall be paid by him into the Consolidated Fund.

Nothing in subsection (11) applies in relation to any property held by the official custodian which falls within subsection (2)(a) or (b).

In this section “land” does not include any interest in land by way of mortgage or other security.

Any directions of the Commissioners under section 29 above shall have effect notwithstanding anything—

Subject to subsection (3), any provision— shall cease to have effect if and to the extent that it requires or authorises personal property of the charity to be transferred to or held by the official custodian; and for this purpose “personal property” extends to any mortgage or other real security, but does not include any interest in land other than such an interest by way of mortgage or other security.

Subsection (2) does not apply to— but any such provision as is mentioned in paragraph (b) shall have effect as if, instead of requiring the trustees to make such payments into an account maintained by the official custodian, it required the trustees to make such payments into an account maintained by them or by any other person (apart from the official custodian) who is either a trustee for the charity or a person nominated by them to hold such payments in trust for the charity.

The disposal of any property by the official custodian in accordance with section 29 above shall operate to discharge him from his trusteeship of that property.

Where any instrument issued by the official custodian in connection with any such disposal contains a printed reproduction of his official seal, that instrument shall have the same effect as if it were duly sealed with his official seal.

Where any order discharging the official custodian from his trusteeship of any land— the persons in whom the land is to be vested on the discharge of the official custodian shall be the relevant charity trustees (as defined in subsection (4) below), unless the court or (as the case may be) the Commissioners is or are satisfied that it would be appropriate for it to be vested in some other persons.

In subsection (3) above “the relevant charity trustees” means—

Where— then (subject to subsection (6)), all the powers, duties and liabilities that would, apart from this section, be those of the official custodian as trustee for sale of the land shall instead be those of the charity trustees of the charity concerned; and those trustees shall have power in his name and on his behalf to execute and do all assurances and things which they could properly execute or do in their own name and on their own behalf if the land were vested in them.

Subsection (5) shall not be taken to require or authorise those trustees to sell the land at a time when it remains vested in the official custodian.

Where— the land shall be held by those trustees, or (as the case may be) by those persons, as trustees for sale on the terms of the trust arising under section 1 of the 1987 Act.

The official custodian shall not be liable to any person in respect of any loss or misapplication of any land vested in him in accordance with that section unless it is occasioned by or through any wilful neglect or default of his or of any person acting for him; but the Consolidated Fund shall be liable to make good to any person any sums for which the official custodian may be liable by reason of any such neglect or default.

In this section—

Subject to the following provisions of this section and section 37, no land held by or in trust for a charity shall be sold, leased or otherwise disposed of without an order of the court or of the Commissioners.

Subsection (1) above shall not apply to a disposition of such land if—

Except where the proposed disposition is the granting of such a lease as is mentioned in subsection (5), the charity trustees must, before entering into an agreement for the sale, or (as the case may be) for a lease or other disposition, of the land—

For the purposes of subsection (3) a person is a qualified surveyor if— and any report prepared for the purposes of that subsection shall contain such information, and deal with such matters, as may be prescribed by regulations so made.

Where the proposed disposition is the granting of a lease for a term ending not more than seven years after it is granted (other than one granted wholly or partly in consideration of a fine), the charity trustees must, before entering into an agreement for the lease—

Subsection (6) shall not apply to any such disposition of land as is there mentioned if—

The Commissioners may direct— if, on an application made to them in writing by or on behalf of the charity or charities in question, the Commissioners are satisfied that it would be in the interests of the charity or charities for them to give the direction.

The restrictions on disposition imposed by this section apply notwithstanding anything in the trusts of a charity; but nothing in this section applies—

Nothing in this section applies—

In this section “land” means land in England or Wales.

Where any land held by or in trust for a charity is sold, leased or otherwise disposed of by a disposition to which subsection (1) or (2) of section 32 applies, the charity trustees shall certify in the instrument by which the disposition is effected—

Where subsection (2) above has been complied with in relation to any disposition of land, then in favour of a person who (whether under the disposition or afterwards) acquires an interest in the land for money or money’s worth, it shall be conclusively presumed that the facts were as stated in the certificate.

In section 29(1) of the Settled Land Act 1925 (charitable and public trusts)— and expressions used in this subsection which are also used in that Act have the same meaning as in that Act.

Where— the statement which, by virtue of subsection (1) or (5), is to be contained in the instrument shall be in such form as may be prescribed.

Where— the registrar shall enter in the register, in respect of the land, a restriction in such form as may be prescribed.

Where— the charity trustees shall apply to the registrar for the restriction to be withdrawn; and on receiving any application duly made under this subsection the registrar shall withdraw the restriction.

Where— the charity trustees shall apply to the registrar for such a restriction as is mentioned in subsection (8) to be entered in the register in respect of the land; and on receiving any application duly made under this subsection the registrar shall enter such a restriction in the register in respect of the land.

In this section— and subsections (7) to (10) above shall be construed as one with the Land Registration Act 1925.

Subject to subsection (2), no mortgage of land held by or in trust for a charity shall be granted without an order of the court or of the Commissioners.

Subsection (1) shall not apply to a mortgage of any such land by way of security for the repayment of a loan where the charity trustees have, before executing the mortgage, obtained and considered proper advice, given to them in writing, on the matters mentioned in subsection (3).

Those matters are—

For the purposes of subsection (2) proper advice is the advice of a person— and such advice may constitute proper advice for those purposes notwithstanding that the person giving it does so in the course of his employment as an officer or employee of the charity or of the charity trustees.

This section applies notwithstanding anything in the trusts of a charity; but nothing in this section applies to any mortgage for which general or special authority is given as mentioned in section 32(9)(a).

In this section—

Nothing in this section applies to an exempt charity.

Any mortgage of land held by or in trust for a charity shall state— and where the mortgage will be a registered disposition any such statement shall be in such form as may be prescribed.

Where subsection (1) or (2) of section 34 applies to any mortgage of land held by or in trust for a charity, the charity trustees shall certify in the mortgage—

Where subsection (2) above has been complied with in relation to any mortgage, then in favour of a person who (whether under the mortgage or afterwards) acquires an interest in the land in question for money or money’s worth, it shall be conclusively presumed that the facts were as stated in the certificate.

In section 29(1) of the Settled Land Act 1925 (charitable and public trusts)— and expressions used in this subsection which are also used in that Act have the same meaning as in that Act.

In this section—

Any provision— shall cease to have effect if and to the extent that it provides for dispositions of, or other dealings with, land held by or in trust for the charity to require the consent of the Commissioners (whether signified by order or otherwise).

Any provision of an order or scheme under the Education Act 1944 or the Education Act 1973 relating to a charity shall cease to have effect if and to the extent that it requires, in relation to any sale, lease or other disposition of land held by or in trust for the charity, approval by the Commissioners or the Secretary of State of the amount for which the land is to be sold, leased or otherwise disposed of.

In this section “land” means land in England or Wales.

Section 32(1) shall not apply to the release by a charity of a rentcharge which it is entitled to receive if the release is given in consideration of the payment of an amount which is not less than ten times the annual amount of the rentcharge.

Where a charity which is entitled to receive a rentcharge releases it in consideration of the payment of an amount not exceeding £500, any costs incurred by the charity in connection with proving its title to the rentcharge shall be recoverable by the charity from the person or persons in whose favour the rentcharge is being released.

Neither section 32(1) nor subsection (2) above applies where a rentcharge which a charity is entitled to receive is redeemed under sections 8 to 10 of the Rentcharges Act 1977.

The Secretary of State may by order amend subsection (2) above by substituting a different sum for the sum for the time being specified there.

Subsections (2) to (8) of section 27 of the 1960 Act (special procedure for redemption of charity rentcharges) shall cease to have effect.

The Secretary of State may by order made with the consent of the Treasury—

Where, before the coming into force of an order under this section, a trust fund consisting of property held by or in trust for a charity has already been divided in pursuance of section 2(1) of that Act, the fund may, notwithstanding anything in that provision, be again divided (once only) in pursuance of that provision during the continuance in force of the order.

No order shall be made under this section unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

Expressions used in this section which are also used in the Trustee Investments Act 1961 have the same meaning as in that Act.

In the application of this section to Scotland, “charity” means a recognised body within the meaning of section 1(7) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.

The Secretary of State may by regulations made with the consent of the Treasury make, with respect to property held by or in trust for a charity, provision authorising a trustee to invest such property in any manner specified in the regulations, being a manner of investment not for the time being included in any Part of Schedule 1 to the Trustee Investments Act 1961.

Regulations under this section may make such provision— as the Secretary of State considers appropriate.

Such regulations may, in particular, make provision—

Any power of investment conferred by any regulations under this section— but any such power shall only be exercisable by a trustee in so far as a contrary intention is not expressed in any Act or in any instrument made under an enactment and relating to the powers of the trustee.

No regulations shall be made under this section unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.

In this section “property”— and any reference to property held by or in trust for a charity is a reference to property so held, whether it is for the time being in a state of investment or not.

In the application of this section to Scotland, “charity” means a recognised body within the meaning of section 1(7) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.

This section applies to a charity if— and it is neither an exempt charity nor a charitable company.

Subject to the following provisions of this section, the charity trustees of a charity to which this section applies may resolve for the purposes of this section—

Any resolution passed under subsection (2) must be passed by a majority of not less than two-thirds of such charity trustees as vote on the resolution.

The charity trustees of a charity to which this section applies (“the transferor charity”) shall not have power to pass a resolution under subsection (2)(a) or (b) unless they are satisfied— and before passing the resolution they must have received from the charity trustees of the charity, or (as the case may be) of each of the charities, specified in the resolution written confirmation that those trustees are willing to accept a transfer of property under this section.

The charity trustees of any such charity shall not have power to pass a resolution under subsection (2)(c) unless they are satisfied—

Where charity trustees have passed a resolution under subsection (2), they shall—

The Commissioners may, when considering the resolution, require the charity trustees to provide additional information or explanation— and the Commissioners shall take into account any representations made to them by persons appearing to them to be interested in the charity where those representations are made within the period of six weeks beginning with the date when the Commissioners receive a copy of the resolution by virtue of subsection (6)(b).

Where the Commissioners have so received a copy of a resolution from any charity trustees and it appears to them that the trustees have complied with this section in connection with the resolution, the Commissioners shall, within the period of three months beginning with the date when they receive the copy of the resolution, notify the trustees in writing either—

Where the Commissioners so notify their concurrence with the resolution, then—

For the purpose of enabling any property to be transferred to a charity under this section, the Commissioners shall have power, at the request of the charity trustees of that charity, to make orders vesting any property of the transferor charity—

The Secretary of State may by order amend subsection (1) by substituting a different sum for the sum for the time being specified there.

In this section—

This section applies to a charity if— and it is neither an exempt charity nor a charitable company.

Where the charity trustees of a charity to which this section applies are of the opinion that the property of the charity is too small, in relation to its purposes, for any useful purpose to be achieved by the expenditure of income alone, they may resolve for the purposes of this section that the charity ought to be freed from the restrictions with respect to expenditure of capital to which its permanent endowment is subject.

Any resolution passed under subsection (2) must be passed by a majority of not less than two-thirds of such charity trustees as vote on the resolution.

Before passing such a resolution the charity trustees must consider whether any reasonable possibility exists of effecting a transfer or division of all the charity’s property under section 43 (disregarding any such transfer or division as would, in their opinion, impose on the charity an unacceptable burden of costs).

Where charity trustees have passed a resolution under subsection (2), they shall—

The Commissioners may, when considering the resolution, require the charity trustees to provide additional information or explanation— and the Commissioners shall take into account any representations made to them by persons appearing to them to be interested in the charity where those representations are made within the period of six weeks beginning with the date when the Commissioners receive a copy of the resolution by virtue of subsection (5)(b).

Where the Commissioners have so received a copy of a resolution from any charity trustees and it appears to them that the trustees have complied with this section in connection with the resolution, the Commissioners shall, within the period of three months beginning with the date when they receive the copy of the resolution, notify the trustees in writing either—

Where the Commissioners so notify their concurrence with the resolution, the charity trustees shall have, as from such date as may be specified in the notification, power by virtue of this section to expend any property of the charity without regard to any such restrictions as are mentioned in subsection (2).

The Secretary of State may by order amend subsection (1) by substituting a different sum for the sum for the time being specified there.

In this section “charitable company” means a charity which is a company or other body corporate.

Subject to the following provisions of this section, a person shall be disqualified for being a charity trustee or trustee for a charity if—

In subsection (1)—

Where (apart from this subsection) a person is disqualified under subsection (1)(b) for being a charity trustee or trustee for any charity which is a company, he shall not be so disqualified if leave has been granted under section 11 of the Company Directors Disqualification Act 1986 (undischarged bankrupts) for him to act as director of the charity; and similarly a person shall not be disqualified under subsection (1)(f) for being a charity trustee or trustee for such a charity if—

The Commissioners may, on the application of any person disqualified under subsection (1), waive his disqualification either generally or in relation to a particular charity or a particular class of charities; but no such waiver may be granted in relation to any charity which is a company if—

Without prejudice to the generality of section 13 of the Interpretation Act 1978 (anticipatory exercise of powers), the Commissioners may— grant that person a waiver under subsection (4) taking effect as from that commencement.

Any waiver under subsection (4) shall be notified in writing to the person concerned.

For the purposes of this section the Commissioners shall keep, in such manner as they think fit, a register of all persons who have been removed from office as mentioned in subsection (1)(d) either— and, where any person is so removed from office by an order of the High Court, the court shall notify the Commissioners of his removal.

The entries in the register kept under subsection (7) shall be available for public inspection in legible form at all reasonable times.

Subject to subsection (2), any person who acts as a charity trustee or trustee for a charity while he is disqualified for being such a trustee by virtue of section 45 shall be guilty of an offence and liable—

Subsection (1) shall not apply where—

Any acts done as charity trustee or trustee for a charity by a person disqualified for being such a trustee by virtue of section 45 shall not be invalid by reason only of that disqualification.

Where the Commissioners are satisfied— they may by order direct him to repay to the charity the whole or part of any such sums, or (as the case may be) to pay to the charity the whole or part of the monetary value (as determined by them) of any such benefit.

Subsection (4) does not apply to any sums received by way of remuneration or expenses in respect of any time when the person concerned was not disqualified for being a charity trustee or trustee for the charity.

Any provision in the trusts of an almshouse charity which relates to the payment by persons resident in the charity’s almshouses of contributions towards the cost of maintaining those almshouses and essential services in them shall cease to have effect if and to the extent that it provides for the amount, or the maximum amount, of such contributions to be a sum specified, approved or authorised by the Commissioners.

In subsection (1)—

The Secretary of State may by regulations require the payment to the Commissioners of such fees as may be prescribed in respect of—

Regulations under this section may—

A statutory instrument containing any regulations under this section which require the payment of a fee in respect of any matter for which no fee was previously payable shall not be made unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.

The Commissioners may impose charges of such amounts as they consider reasonable in respect of the supply of any publications produced by them.

Any fees and other payments received by the Commissioners by virtue of this section shall be paid into the Consolidated Fund.

In this section “prescribed” means prescribed by regulations under this section.

Subject to subsection (2) and to any express restriction imposed by or under any other enactment, a body or person to whom this section applies may disclose to the Charity Commissioners any information received by that body or person under or for the purposes of any enactment, where the disclosure is made by the body or person for the purpose of enabling or assisting the Commissioners to discharge any of their functions.

Subsection (1) shall not have effect in relation to the Commissioners of Customs and Excise or the Commissioners of Inland Revenue; but either of those bodies of Commissioners (“the relevant body”) may disclose to the Charity Commissioners the following information, namely—

In subsection (2) any reference to an institution shall, in relation to the Commissioners of Inland Revenue, be construed as a reference to an institution in England and Wales.

Subject to subsection (5), the Charity Commissioners may disclose to a body or person to whom this section applies any information received by them under or for the purposes of any enactment, where the disclosure is made by the Commissioners—

Where any information disclosed to the Charity Commissioners under subsection (1) or (2) is so disclosed subject to any express restriction on the disclosure of the information by the Commissioners, the Commissioners' power of disclosure under subsection (4) shall, in relation to the information, be exercisable by them subject to any such restriction.

This section applies to the following bodies and persons—

In subsection (6)(d) the reference to any such body or person as is there mentioned shall, in relation to a disclosure by the Charity Commissioners under subsection (4), be construed as including a reference to any such body or person in a country or territory outside the United Kingdom.

Nothing in this section shall be construed as affecting any power of disclosure exercisable apart from this section.

In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).

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—

Any person who wilfully alters, suppresses, conceals or destroys any document which he is or is liable to be required, by or under a relevant enactment, to produce to the Commissioners shall be guilty of an offence.

Any person guilty of an offence under this section shall be liable—

In this section—

No proceedings for an offence to which this section applies shall be instituted except by or with the consent of the Director of Public Prosecutions.

This section applies to any offence under—

If a person fails to comply with any requirement imposed by or under— then (subject to subsection (2)) the Commissioners may by order give him such directions as they consider appropriate for securing that the default is made good.

Subsection (1) does not apply to any such requirement if—

Section 41 of the 1960 Act applies to any order made by the Commissioners under subsection (1) above or under any of the following provisions, namely— as that section applies to any such order of the Commissioners as is mentioned in that section.

Subject to subsection (5) below, section 40 of the 1960 Act (miscellaneous provisions as to orders of Commissioners) shall apply to any order made by the Commissioners under this Act or the 1872 Act as it applies to any order made by them under the 1960 Act (the second reference to that Act in subsection (3) of that section being read as a reference to this Act or the 1872 Act, as the case may require).

Subsection (3) of that section does not apply by virtue of subsection (4) above to any order made by the Commissioners under section 72 below or under section 12A of the 1872 Act.

In this section “the 1872 Act” means the Charitable Trustees Incorporation Act 1872.

Any direction given by the Commissioners under any provision contained in this Part of this Act or in the 1960 Act—

In the 1960 Act—

In subsection (1) the reference to the Commissioners includes, in relation to a direction under section 6(3) of the 1960 Act (general power to institute inquiries), a reference to any person conducting an inquiry under that section.

Nothing in this section shall be read as applying to any directions contained in an order made by the Commissioners under section 56(1) above.

In this Part—

In subsection (1), paragraph (b) of the definition of “professional fund-raiser” does not apply to any of the following, namely— and for this purpose “collector” and “public charitable collection” have the same meaning as in Chapter 1 of Part 3 of the Charities Act 2006.

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

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 as defined by section 2(1) of the Charities Act 2011.

For the purposes of this Part a company is connected with a charitable institution if— 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.

In this Part—

Where— 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.

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).

In this Part “services” includes facilities, and in particular— and references to the supply of services shall be construed accordingly.

The Secretary of State may by order amend subsection (3) by substituting a different sum for any sum for the time being specified there.

It shall be unlawful for a professional fund-raiser to solicit money or other property for the benefit of a charitable institution unless he does so in accordance with an agreement with the institution satisfying the prescribed requirements.

It shall be unlawful for a commercial participator to represent that charitable contributions are to be given to or applied for the benefit of a charitable institution unless he does so in accordance with an agreement with the institution satisfying the prescribed requirements.

Where on the application of a charitable institution the court is satisfied— the court may grant an injunction restraining the contravention; and compliance with subsection (1) or (2) shall not be enforceable otherwise than in accordance with this subsection.

Where— the agreement shall not be enforceable against the institution except to such extent (if any) as may be provided by an order of the court.

A professional fund-raiser or commercial participator who is a party to such an agreement as is mentioned in subsection (4)(a) shall not be entitled to receive any amount by way of remuneration or expenses in respect of anything done by him in pursuance of the agreement unless—

In this section “the prescribed requirements” means the requirement in subsection (7) and such other requirements (including any requirements supplementing subsections (7) and (8)) as are prescribed by regulations made by virtue of section 64(2)(a).

The requirement in this subsection is that the agreement must specify all of the following—

The behaviour mentioned in subsection (7)(b) is—

Where a professional fund-raiser solicits money or other property for the benefit of one or more particular charitable institutions, the solicitation shall be accompanied by a statement clearly indicating—

Where a professional fund-raiser solicits money or other property for charitable, benevolent or philanthropic purposes of any description (rather than for the benefit of one or more particular charitable institutions), the solicitation shall be accompanied by a statement clearly indicating—

Where any representation is made by a commercial participator to the effect that charitable contributions are to be given to or applied for the benefit of one or more particular charitable institutions, the representation shall be accompanied by a statement clearly indicating—

If any such solicitation or representation as is mentioned in any of subsections (1) to (3) is made— the statement required by virtue of subsection (1), (2) or (3) (as the case may be) shall include full details of the right to have refunded under section 61(1) any payment of £100 or more which is so made.

In subsections (1) to (3) a reference to the “ notifiable amount ” of any remuneration or other sum is a reference—

In subsection (5) above the reference to the making of a payment is a reference to the making of a payment of whatever nature and by whatever means, including a payment made by means of a credit card or a debit card; and for the purposes of that subsection—

Where any requirement of subsections (1) to (5) is not complied with in relation to any solicitation or representation, the professional fund-raiser or commercial participator concerned shall be guilty of an offence and liable on summary conviction to a fine not exceeding the fifth level on the standard scale.

It shall be a defence for a person charged with any such offence to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

Where the commission by any person of an offence under subsection (7) is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings are taken against the first-mentioned person.

In this section—

Where— the donor shall (subject to subsection (4) below) be entitled to have the payment refunded to him forthwith by the relevant fund-raiser.

Where— the notice shall operate, as from the time when it is so served, to cancel the agreement and any liability of any person other than the donor in connection with the making of any such payment or payments, and the donor shall (subject to subsection (4) below) be entitled to have any payment of £100 or more made by him under the agreement refunded to him forthwith by the relevant fund-raiser.

Where, in response to any solicitation or representation falling within subsection (5) of section 60, a person (“the donor”)— then, if before the end of the period of seven days beginning with the date when the donor is given any such written statement as is referred to in subsection (5) of that section, the donor serves on the relevant fund-raiser a notice in writing which, however expressed, indicates the donor’s intention to cancel the payment, the donor shall (subject to subsection (4) below) be entitled to have the payment refunded to him forthwith by the relevant fund-raiser.

The right of any person to have a payment refunded to him under any of subsections (1) to (3) above—

Nothing in subsections (1) to (3) above has effect in relation to any payment made or to be made in respect of services which have been supplied at the time when the relevant notice is served.

In this section any reference to the making of a payment is a reference to the making of a payment of whatever nature and (in the case of subsection (2) or (3)) a payment made by whatever means, including a payment made by means of a credit card or a debit card; and subsection (6) of section 60 shall have effect for determining when a payment is made for the purposes of this section as it has effect for determining when a payment is made for the purposes of subsection (5) of that section.

In this section “the relevant fund-raiser”, in relation to any solicitation or representation, means the professional fund-raiser or commercial participator by whom it is made.

The Secretary of State may by order—

Subsections (1) and (2) of section 60 apply to a person acting for reward as a collector in respect of a public charitable collection as they apply to a professional fund-raiser.

But those subsections do not so apply to a person excluded by virtue of—

Those subsections do not so apply to a person if— in relation to his acting for reward as a collector in respect of the collection mentioned in subsection (1) above.

Where a person within subsection (6) solicits money or other property for the benefit of one or more particular charitable institutions, the solicitation shall be accompanied by a statement clearly indicating—

Where a person within subsection (6) solicits money or other property for charitable, benevolent or philanthropic purposes of any description (rather than for the benefit of one or more particular charitable institutions), the solicitation shall be accompanied by a statement clearly indicating—

A person is within this subsection if—

But a person is not within subsection (6) if he is excluded by virtue of section 60B(4).

Where any requirement of— is not complied with in relation to any solicitation, the collector concerned shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Section 60(8) and (9) apply in relation to an offence under subsection (8) above as they apply in relation to an offence under section 60(7).

In this section—

Where on the application of any charitable institution— then (subject to subsection (3)) the court may grant an injunction restraining the doing of any such acts.

The matters referred to in subsection (1)(b) are—

The power to grant an injunction under subsection (1) shall not be exercisable on the application of a charitable institution unless the institution has, not less than 28 days before making the application, served on the person in question a notice in writing—

Where— the institution shall not, in connection with an application made by it under this section in respect of the activities carried on by that person, be required by virtue of that subsection to serve a further notice on him, if the application is made not more than 12 months after the date of service of the relevant notice.

This section shall not have the effect of authorising a charitable institution to make an application under this section in respect of anything done by a professional fund-raiser or commercial participator in relation to the institution.

Section 60(1) and (2) do not apply (by virtue of section 60A(1)) to a person who is under the earnings limit in subsection (2) below.

A person is under the earnings limit in this subsection if he does not receive—

In subsection (2) “ relevant collections ” means public charitable collections conducted for the benefit of— for whose benefit the collection mentioned in section 60A(1) is conducted.

A person is not within section 60A(6) if he is under the earnings limit in subsection (5) below.

A person is under the earnings limit in this subsection if the remuneration received by him as mentioned in section 60A(6)(c)—

The Secretary of State may by order amend subsections (2) and (5) by substituting a different sum for any sum for the time being specified there.

Where— he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the fifth level on the standard scale.

In this section “registered charity” means a charity which is for the time being registered in the register of charities kept under section 29 of the Charities Act 2011.

In any proceedings for an offence under subsection (1), it shall be a defence for the accused to prove that he believed on reasonable grounds that the institution was a registered charity.

The Secretary of State may make such regulations as appear to him to be necessary or desirable for any purposes connected with any of the preceding provisions of this Part.

Without prejudice to the generality of subsection (1), any such regulations may—

In subsection (2)(c) the reference to such money or other property as is there mentioned includes a reference to money or other property which, in the case of a professional fund-raiser or commercial participator—

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.

The Secretary of State may make such regulations as appear to him to be necessary or desirable for or in connection with regulating charity fund-raising.

In this section and sections 64B and 64C “ charity fund-raising ” means activities which are carried on by— and involve soliciting or otherwise procuring funds for the benefit of such institutions or companies connected with them, or for general charitable, benevolent or philanthropic purposes. But “ activities ” does not include primary purpose trading.

Regulations under this section may, in particular, impose a good practice requirement on the persons managing charitable institutions in circumstances where— are engaged in charity fund-raising.

A “ good practice requirement ” is a requirement to take all reasonable steps to ensure that the fund-raising is carried out in such a way that—

The matters are—

Regulations under this section may provide that a person who persistently fails, without reasonable excuse, to comply with any specified requirement of the regulations is to be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

For the purposes of this section—

In this section “ primary purpose trading ”, in relation to a charitable institution, means any trade carried on by the institution or a company connected with it where—

Regulations under section 64A may, in particular, impose on charitable institutions requirements to do any of the following—

“ Regulator ” means a body specified in the regulations as a regulator for the purposes of this section.

A body may be specified as a regulator for the purposes of this section only if the regulation of charity fund-raising appears to the Secretary of State to be a principal function of the body.

A body maintained out of money provided by Parliament may not be specified as a regulator (and this section does not confer power by regulations to establish a body to act as regulator).

In the case of charity fund-raising which— regulations under section 64A may, in particular, make provision conferring functions on the Charity Commission, including provision applying or reproducing, with or without modification, any provision of the Charities Act 2011.

The regulations may provide for a power that is exercisable by the Commission by virtue of the regulations to be exercisable by a person appointed by the Commission for the purpose.

Where regulations by virtue of this section apply in relation to charity fund-raising by institutions that are not charities, section 19 of the Charities Act 2011 (fees and other amounts payable to Commission) applies in relation to the regulations as it applies in relation to the enactments relating to charities (but that is without prejudice to the application of other provisions by virtue of this section or section 77(3)).

In this Part—

Subsection (1)(a) does not apply to a charitable appeal which— and for the purposes of paragraph (c) above a receptacle is unattended if it is not in the possession or custody of a person acting as a collector.

In this Part, in relation to a public charitable collection— but where no person acts in the manner mentioned in paragraph (a) above in respect of a public charitable collection, any person who acts as a collector in respect of it shall for the purposes of this Part be treated as a promoter of it as well.

In this Part—

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 whether or not the purposes are charitable within the meaning of any rule of law.

The functions exercisable under this Part by a local authority shall be exercisable— and references in this Part to a local authority or to the area of a local authority shall be construed accordingly.

It is hereby declared that an appeal to members of the public (other than one falling within subsection (2)) is a public charitable collection for the purposes of this Part if—

In this section—

In subsection (8), paragraph (b) of the definition of “public place” does not apply to—

No public charitable collection shall be conducted in the area of any local authority except in accordance with—

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.

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.

Any such application—

Any such application— 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.

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.

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— 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).

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.

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

Where a local authority— 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.

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

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

In subsection (1)—

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—

In this section—

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—

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.

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.

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 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.

A person to whom a permit has been issued under section 68 may appeal to a magistrates' court against—

An appeal under subsection (1) or (2) shall be by way of complaint for an order, and the 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.

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.

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

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.

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—

Where the Charity Commissioners are satisfied, on the application of any charity, that that charity proposes— the Commissioners may make an order under this subsection in respect of the charity.

Such an order shall have the effect of authorising public charitable collections which— to be conducted in such area or areas as may be specified in the order.

An order under subsection (1) may—

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.

In this section “charity” and “charitable purposes” have the same meaning as in the Charities Act 1960.

The Secretary of State may make regulations—

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

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.

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

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.

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.

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.