17.0 Static Collections
KEY: * denotes legal requirement
17.1 Legal References for this Section
- General Charity law principles
- Charities Act 1992
The most common form of collection appeals undertaken outside the requirements of existing legislation governing public collecting activity are appeals involving the use of static collecting boxes - either floor standing or on counters in shops, pubs, hotels, hospitals, reception areas etc.
In Northern Ireland there is no specific legislation which applies but it is good practice to follow the rules applying in the rest of the United Kingdom.
17.3 Organisational and Promoter Responsibilities
a) The fundraising organisation MUST issue a certificate of authority/badge signed by the promoter bearing the name of the fundraising organisation that will benefit from the collection, together with the collector’s name, address and signature.
b) Organisations MUST provide the promoters/collectors with guidance/procedures for collectors to follow and make it clear when the collector can vary these procedures.
c) Promoters/fundraising organisations MUST make all reasonable efforts to regain certificates of authority/badges and collection boxes from collectors on ceasing to act as a collector, or if they are no longer deemed fit to collect.
17.4 Collectors’ Responsibilities
a) The collector MUST* obtain permission of site holders to collect on the premises. This permission MUST be in writing.
b) Collectors MUST possess a certificate of authority/badge signed by the promoter bearing the name of the fundraising organisation that will benefit from the collection, together with their own name, address and signature.
c) The certificate of authority MUST be shown to the siteholder.
d) Collectors MUST make it clear to siteholders that if a box is lost or stolen, or if they want to end the collection, that they need to contact the collector or fundraising organisation, preferably in writing.
17.5 Appearance and Maintenance of Collection Boxes
Where the management of static collection boxes is undertaken on behalf of charities or other voluntary organisations by third parties who receive reward for this activity and who solicit in connection with it, it is important that all parties concerned with the static collection box activity are aware of their responsibilities and obligations under Part II of the Charities Act 1992 or Part 2 of the Charities and Trustee Investment (Scotland) Act 2005.
a) In England and Wales, all notices, advertisements and other documents issued by, or on behalf of a registered charity with an annual income in excess of £10,000 and which, in any way, seeks support for the registered charity, MUST* include a statement that the charity is a registered charity.
b) In Scotland, most notices, advertisements and documents (including any document soliciting money or other property) sent by, or on behalf of, any charity in the Scottish Charity Register MUST* include the charity’s registered name, any other name by which it is commonly known, the fact that it is a charity (if its name does not already include reference to its charitable status) and its registered Scottish charity number.
17.6 Collecting and Sending Donations to the Organisations
c) If desired, siteholders MUST be provided with a receipt that contains the address of the site, the box number, the date and the amount collected. The collector MUST send the organisation the full sum of all monies taken from all boxes without deduction of expenses or fees, unless specifically agreed.