Charities Act 2009

Duties of collectors.

94.— (1) Section 18 of the Act of 1962 is amended by—

(a) the substitution of the following subsection for subsection (1):

“(1) The following provisions shall apply to all collections (other than non-cash collections):

(a) a collection box into which money is placed shall bear the number assigned in respect of the collection and specified in the collection permit concerned and shall, unless the Authority otherwise directs as respects the collection concerned, be sealed in such manner as will prevent access to money placed in the box while the seal remains in place;

(b) all moneys collected shall be placed in the collection box in the presence of the donor;

(c) each collector shall deliver the collection box unopened and with its seal intact to—

(i) the holder of the collection permit granted in respect of the collection concerned, or

(ii) a person authorised for that purpose by the holder of the collection permit;

(d) a collection box shall—

(i) in the case of a cash collection on behalf of a charitable organisation, bear the name and registered number of the charitable organisation on behalf of which the collection is being made, and

(ii) in the case of a cash collection on behalf of a body other than a charitable organisation, bear the name of the body on behalf of which the collection is being made,

in a prominent and clearly legible manner.”,

and

(b) the insertion of the following subsection:

“(1A) The following provisions shall apply to all non-cash collections:

(a) the collector shall wear a garment that is visible at all times to members of the public and that—

(i) in the case of a non-cash collection on behalf of a charitable organisation, bears the name and registered number of the charitable organisation in a prominent and clearly legible manner, and

(ii) in the case of a non-cash collection on behalf of a body other than a charitable organisation, bears—

(I) the name of the body, and

(II) the object for the benefit of which the non-cash collection is being made,

in a prominent and clearly legible manner;

(b) any form completed by a member of the public for the purposes of making a contribution to a non-cash collection shall be received from the member by the holder of the non-cash collection permit or a person authorised by him in writing for that purpose but by no other person; and

(c) all forms used for the purposes of the non-cash collection intended for completion by members of the public shall—

(i) in the case of a non-cash collection on behalf of a charitable organisation, bear—

(I) the name of the charitable organisation and its registered number,

(II) the number assigned in respect of the non-cash collection and specified in the non-cash collection permit concerned, and

(III) the name of the bank and bank account name and number to which contributions are to be made,

in a prominent and clearly legible manner, and

(ii) in the case of a non-cash collection on behalf of a body other than a charitable organisation, bear—

(I) the name of the body,

(II) the number assigned in respect of the non-cash collection and specified in the non-cash collection permit concerned, and

(III) the name of the bank and bank account name and number to which contributions are to be made,

in a prominent and clearly legible manner.”.

(2) Section 20 of the Act of 1962 is amended, in subsection (1), by the insertion of the following paragraph:

“(aa) the member has reasonable grounds for believing that in relation to the collection, there is or has been a contravention of subsection (1) (inserted by section 94 (1)(a) of the Charities Act 2009) of section 18,”.