Street and House To House Collections Act, 1962

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Grant of collection permits.

6.—(1) Subject to the provisions of this Act, a Chief Superintendent shall grant a collection permit to every person who has duly applied to him under this Act for the grant of a permit.

(2) Where applications are made for the grant of collection permits in respect of more than one collection proposed to be held on the same day and wholly or partly in the same locality, the Chief Superintendent to whom the applications are made shall either—

(a) grant a permit in respect of one application only, or

(b) if

(i) all the applicants whose applications do not fall to be refused under any other section of this Act consent, and

(ii) the Chief Superintendent is satisfied that the holding of the collections would not result in the public being excessively importuned,

grant a permit in respect of each application that does not fall to be refused under any other section of this Act.

(3) Where—

(a) applications are made for the grant of collection permits in respect of more than one collection proposed to be held on the same day and wholly or partly in the same locality,

(b) no collection permit stands granted in respect of a collection to be held on the day and wholly or partly in the locality to which the applications relate, and

(c) only one permit is proposed to be granted,

the permit shall be granted in respect of—

(i) the object in relation to which an application is received by the Chief Superintendent for the locality on a day before the day of the receipt of any other application, or

(ii) if two or more applications are received on the same day, being a day before the day on which any other application is received, the object chosen by lot from among those in respect of which applications are received on the same day, being a day before the day on which any other application is received,

and where, pursuant to this subsection, it is proposed to make a determination by lot, the applicants concerned shall be informed of the time and place at which the determination will be held and be given an opportunity to be present thereat:

Provided that, an application that—

(I) is on behalf of an object in respect of which a collection was not held in the immediately preceding year on the day corresponding to the day to which the applications relate, and

(II) is received by the Chief Superintendent on the day, or on a day before the day, on which there is received by the Chief Superintendent an application that is on behalf of an object in respect of which a collection was so held and that does not fall to be refused under any other section of this Act,

shall be deemed, for the purposes of this subsection, not to have been received by the Chief Superintendent.

(4) A collection permit shall be in the prescribed form and shall be expressed and operate to authorise the person (who shall be named therein) to whom it is granted to hold for the benefit of a specified object a collection in a specified locality or in public places of a specified kind in the division of the Chief Superintendent during a specified time or times on a named day or days (being either all the days specified in the application for the permit or such one or more of those days as the Chief Superintendent considers reasonable in all the circumstances), but subject to the provisions of this Act and to the conditions (if any) attached to and set out in the permit.

(5) A collection permit shall be signed by the Chief Superintendent by whom it is granted.

(6) A Chief Superintendent to whom an application (in this subsection referred to as the relevant application) for a collection permit is made not later than three months before the day or the first of the days on which the collection to which the relevant application relates is proposed to be held shall, not later than seven days after the date on which the relevant application is received by him, give notice of such receipt to any holder of a collection—

(a) that was held in the immediately preceding year on the day corresponding to a day to which the relevant application relates,

(b) that was in respect of an object other than the object to which the relevant application relates,

(c) the holder of which has not been notified under this subsection of the receipt of any other application relating to a day to which the relevant application relates, and

(d) in respect of which an application for a collection permit in respect of a collection to be held on a day to which the relevant application relates has not been received by the Chief Superintendent.

(7) (a) A Chief Superintendent to whom an application for a collection permit is made shall, as soon as may be during the appropriate period, either grant the application and send the collection permit to the applicant or refuse the application and inform the applicant in writing of the fact of his refusal and of the ground therefor.

(b) In this subsection “the appropriate period” means—

(i) in relation to an application notice of the receipt of which is required by subsection (6) of this section to be given to any person or in relation to an application made by any such person, the period beginning on the fourteenth day after and ending on the twenty-fourth day after the day on which the first mentioned application is received by the Chief Superintendent, and

(ii) in relation to any other application, the period of fourteen days immediately following the day on which the application is received by the Chief Superintendent.

(8) In subsections (2), (3) and (6) of this section “collection” does not include a collection in a public place in respect of which the owner or occupier of the place is the holder of a collector's authorisation.