Charities Act 2006 and 2011

The Charities Act 2006 contained several provisions that would have introduced a unified licensing regime for collections of cash and Direct Debits on the street, although it would also have removed all types of doorstep collections from the licensing regime.

However, the relevant sections – ss45-66 in Part 3 – were never brought into force and it now seems highly unlikely they ever will be.

For the sake of the record, the proposed measures and how they would have affected face-to-face fundraising can be found here.

 

The Charities Act 2011 came into effect on 14 March 2012. It sets out how all charities in England and Wales are registered and regulated, and replaces the Charities Act 2006, as well as most of the Charities Acts 1992 and 1993. Its primary objective was to consolidate and simplify previously existing charity legislation.

The Act did not include the following provisions relating to fundraising, which were reconsidered as part of Lord Hodgson’s 2012 review of the Charities Act 2006:

  • Part III of the Charities Act 2006, which would require street and door-to-door fundraisers to be regulated by, and obtain public collection certificates from, the Charity Commission. These provisions have never been brought into force.
  • Parts II and IV of the Charities Act 1992, which govern the relationships between charities and commercial participators and professional fundraisers. The provisions set out requirements for fundraising statements and give the government reserve power to regulate fundraising.