Fundraising and charitable collections
The second commencement order[external website] under the Charities Act 2006, made in November 2007 specified changes to the requirements in the Charities Act 1992 relating to solicitation statements of professional fundraisers and commercial participators. It provided a new requirement for those involved in running a charity – its trustees and employees, to make a simple statement when being paid to collect in public (sections 67 and 68 of the 2006 Act).
These provisions came into force on 1 April 2008. The decision to put implementation of the provisions relating to solicitation statements back to April 2008 was made following representations from the sector that more time was needed to properly prepare for the changes.
Draft Guidance on Professional Fund-Raising and Commercial Participation
The Office of the Third Sector has published a draft guidance document to explain to charities, professional fund-raisers and commercial participators involved in fund-raising ventures, what changes have been made to the requirements of Part 2 of the 1992 Act. The guidance highlights key provisions and provides some examples of fund-raising statements that in our view would satisfy the new requirements.
The OTS would like to thank those who submitted comments on the guidance, the deadline for receipt of which has now closed. We are now in the process of reviewing the responses and will publish the final guidance in due course.
Guidance for employees and paid officers or trustees of a charity required to make a solicitation statement
The 2006 Act also amends the 1992 Act to require certain employees or officers of a charitable institution, or a company connected to a charitable institution and certain trustees of charitable institutions to make a simple statement while making appeals, when fund-raising in a public place or door-to-door as a collector in that capacity. We have published a guidance document to help employees and paid officers or a trustee of a charity to comply with the legislation:
Details of the existing legislation can be found here.
