Charity collections

In pursuance of Section 5 of the Police, Factories, etc. (Miscellaneous Provisions) Act 1916, section 5 and the Charities Act 1992 and 2006 as amended and subordinate legislation. Runnymede Borough Council has made the following regulations with respect to Street Collections for the benefit of charitable or other purposes.

1.  In these Regulations, unless the context otherwise requires -

• "collection" means a collection of money or a sale of articles for the benefit of charitable or other purposes and the word "collector" shall be construed accordingly;
• "promoter" means a person who causes others to act as collectors;
• "the licensing authority" means Runnymede Borough Council;
• "permit" means a permit for collection;
• "contributor" means a person who contributes to a collection and includes a purchaser of articles for sale for the benefit of charitable or other purposes;
• "collecting box" means a box or other receptacle for the reception of money from contributors.

2.   No collection, other than a collection taken at a meeting in the open air, shall be made in any street or public place within the Runnymede Borough unless a promoter shall have obtained from the licensing authority a permit.

3.  Application for a permit shall be made in writing not later than one month before the date on which it is proposed to make the collection.  Provided that the licensing authority may reduce the period of one month if satisfied that there are special reasons for doing so.

4.   No collection shall be made except upon the day and between the hours stated in the permit and in the area specified in the permit.

5.   The licensing authority may, in granting a permit, limit the collection to such localities, streets or public places or such parts thereof as it thinks fit.

6. (1)  No person may assist or take part in any collection without the written authority of a promoter.  The licensing authority may require a copy of such permission.

(2)  Any person authorised under paragraph (1) above shall produce such  written  authority forthwith for inspection on being requested to do so by a duly authorised  officer of the licensing authority or any constable, or member of the public.

7.   No collection shall be made in any part of the carriageway of any street which has a footway.  Provided that the licensing authority may, if it thinks fit, allow a collection to take place on the said carriageway where such collection has been authorised to be held in connection with a procession or similar event.

8. (1)  No collection shall be made in a manner likely to inconvenience or annoy any person.

(2)  The licensing authority may limit the frequency of collections by an organisation within its area if it considers that the number of collections proposed by that organisation is likely to inconvenience or annoy any person.

(3)  The licensing authority may prevent two or more organisations collecting in the same locality and on the same day if it considers that it is likely to inconvenience or annoy any person.

Provided that the licensing authority may, if it thinks fit, allow two or more organisations to collect in the same location and on the same day if such collections have been authorised to be held in connection with a procession or similar event.

9. No collector shall importune any person to the annoyance of such person.

10. While collecting -

(a)  a collector shall remain stationary; and

(b)  a collector or two collectors together shall not be nearer to another collector than 25 metres

(c)  a collector shall not obstruct the flow of pedestrian or other traffic by display or distribution of information about their charity or organisation.

Provided that the licensing authority may, if it thinks fit, waive the requirements of this Regulation in respect of a collection which has been authorised to be held in connection with a procession.

11.  No promoter, collector or person who is otherwise connected with a collection shall permit a person under the age of sixteen years to act as a collector.  Provided that the licensing authority may permit persons of fourteen years of age or more to act as collectors where it is satisfied that it is reasonable in the circumstances of a particular collection and that collectors under sixteen years of age will be accompanied by an adult.

12. (1)  Every collector shall carry a collecting box, and shall wear an official badge of authorisation, where such a badge has been issued by the licensing authority

 (2)  All collecting boxes shall be numbered consecutively and shall be securely closed and sealed in such a way as to prevent them being opened without the seal being broken

 (3)  All money received by a collector from contributors shall immediately be placed in a collecting box

 (4)  Every collector shall deliver, unopened, all collecting boxes in his possession to the promoter.

13. A collector shall not carry or use any collecting box, receptacle or tray which does not bear displayed prominently thereon the name of the charity or fund which is to benefit, nor any collecting box which is not duly numbered.

14.  (1)  Subject to paragraph (2) below, a collecting box shall be opened in the presence of a promoter and another responsible person.

 (2)  Where a collecting box is delivered, unopened, to a bank, it may be opened by an official of the bank.

 (3)  As soon as a collecting box has been opened, the person opening it shall count the contents and shall enter the amount with the number of the collecting box on a list which shall be certified by that person.

15.  (1)  No payment shall be made to any collector(2)  No payment shall be made out of the proceeds of a collection, either directly or indirectly, to any other person connected with the promotion or conduct of such          collection for, in respect of, services connected therewith, except such payments as may have been approved by the licensing authority.

16.  (1)  Within one month after the date of any collection the person to whom a  permit has been granted shall forward to the licensing authority 

 (a)  a statement in the form set out in the schedule to these Regulations, or in a form to the like effect, showing the amount received and the expenses and payments incurred in connection with such a collection and certified by that person and either a qualified accountant or an independent responsible person acceptable to the licensing authority

(b)  a list of the collectors;

(c)  a list of the amounts contained in each collecting box

and shall if required by the licensing authority, satisfy it as to the proper application of the proceeds of the collection.

(2)  Details of the return for the collection stating the amount collected and any deductions made will be published on the Council’s website.

(3)  The licensing authority may, if satisfied there are special reasons for so doing, extend the period of one month referred to in paragraph (1) above.

(4)  For the purpose of this Regulation "a qualified accountant" means a member of  one or more of the following bodies:

• The Institute of Chartered Accountants in England and Wales;
• The Institute of Chartered Accountants of Scotland
• The Association of Certified Accountants
• The Institute of Chartered Accountants in Ireland.

17. These Regulations shall not apply -

(a)  in respect of a collection taken at a meeting in the open air;

(b)  to the selling of articles in any street or public place when the articles are sold in the ordinary course of trade.

18.  If a collection is held by an organisation and the regulations contravened, the licensing authority may if it thinks fit, revoke any permits already granted for future collections by that organisation and refuse permission for future collections to be held within their area by that organisation or the individuals concerned.