Charitable Collections Policy

1. Introduction

Introduction and guide to the Policy

1.1: Buckinghamshire Council, as the Licensing Authority, regulates charitable collections which take place both in streets and from house to house. The relevant legislation is set out below. The purpose of this policy is to ensure that the application process and method of determination is fair, open and transparent.

  • The House to House Collections Act 1939
  • The House to House Regulations 1947
  • The Police, Factories, etc (Miscellaneous Provisions) Act 1916 and as amended by the Local Government Act 1972
  • Model Regulations set out in the Charitable Collections (Transitional Provisions) Order 1974

Aims and objectives

1.2: The aims of this policy are to ensure that:

  • the interests of public donors and beneficiaries are safeguarded
  • collections are carried out to high standards by bona fide, authorised charitable organisations
  • proceeds of the collection are properly accounted for
  • a fair proportion of the proceeds are donated to registered charities
  • unacceptable nuisance to the public is prevented
  • unlicensed collections are prevented from taking place
  • action is taken where there is evidence of unlicensed collection activity

1.3: To achieve the aims of this policy, the Licensing Authority will:

  • ensure openness, fairness and impartiality in determining applications
  • accommodate, where possible, all eligible requests
  • provide equal opportunities for collectors
  • achieve a fair balance between national and local charities

Exchange of information and data protection

1.4: The Council will share information which has been supplied by applicants or acquired in the course of exercising licensing functions with other agencies or enforcement bodies where it is lawful to do so and in accordance with the data protection legislation. This may include requests from the Audit Commission or other regulatory agencies where it is necessary for the detection or prevention of crime or required by law or in connection with legal proceedings. Further information about how the Council uses personal information can be found here.

Standards

1.5: The Fundraising Regulator is the independent regulator for fundraising in England, Wales and Northern Ireland. The Licensing Authority expects all organisations to adhere to their Code of Fundraising Practice, a copy of which can be found here.

1.6: The Chartered Institute of Fundraising (CIoF) is the professional membership body for certain types of fundraising in the United Kingdom which are not regulated by permits or licences, including the collection of direct debit mandate information in public places. The CIoF have produced guidance on this type of face-to-face fundraising which can be found here.

1.7: In preparing this policy, the relevant Provision of Services Regulations and associated legislation and guidance have been taken into consideration. The Regulations aim to remove obstacles when applying for authorisations and to prevent the imposition of disproportionate or unnecessary requirements. Further information about the Regulations can be found here.

Consultation and implementation of the policy

1.8: This policy will be reviewed every five years. In addition, the policy may be updated at any time if it is considered necessary or appropriate. Any changes to this policy must be agreed by the Licensing and Regulatory Committee unless this function is delegated to an appropriate officer.

1.9: Any significant changes to the policy will only be made after full consultation with all stakeholders, including charities, residents, businesses and other relevant organisations and Council departments.