Charities Act 2009

93.

Provision for non-cash collections and related matters under Act of 1962.

93.— The Act of 1962 is amended—

( a) in section 1, by—

(i) the substitution of the following definition for the definition of “collection”:

“‘collection’ means the collection or attempted collection of money from the public in any public place or places or by house to house visits or both in such place or places and by such visits for the benefit (actual, alleged or implied) of a particular object, whether charitable or not, and whether—

( a) any consideration is or is not given, or

( b) any badge, emblem or other token is or is not exchanged or offered in exchange,

for money so collected, but does not include exempt activity, begging or receiving alms;”,

(ii) the insertion of the following definitions:

“‘charitable organisation’ means a charitable organisation—

( a) registered in the register established and maintained under section 39 of the Charities Act 2009, or

( b) deemed to be registered in the register in accordance with section 40 of that Act;

‘exempt activity’ means—

( a) street-trading within the meaning of the Street Trading Act 1926, or

( b) collecting money for a lottery (including a sweepstake) declared by the Gaming and Lotteries Act 1956 not to be unlawful;

‘money’ includes—

( a) money paid by means of an electronic transfer, and

( b) a cheque, banker’s draft, bill of exchange, promissory note or other negotiable instrument;

‘non-cash collection’ means the solicitation of members of the public, in any public place or places or by house to house visits or both in such place or places and by such visits, for the purpose of obtaining pledges from such members to make payments, by credit card, direct debit mandate, standing order or other similar device, for the benefit (actual, alleged or implied) of a particular object, whether charitable or not, and whether—

( a) any consideration is or is not given, or

( b) any badge, emblem or other token is or is not exchanged or offered in exchange,

for any such pledge, but does not include a collection, exempt activity, begging or receiving alms.”,

( b) the insertion of the following section after section 1:

“Construction of references.

1A.— References in this Act (other than sections 5, 6 and 6A (inserted by section 93(d) of the Charities Act 2009)) to—

( a) collection shall be construed as including references to non-cash collection,

( b) collection permit shall be construed as including references to non-cash collection permit, and

( c) collector shall be construed as including references to a person who solicits pledges for the purposes of a non-cash collection.”,

( c) the insertion of the following section after section 5:

“Application for non-cash collection permits.

5A.— (1) Upon the application of a person who proposes to carry on the activity of holding non-cash collections in a particular locality during any period of 12 months, the Chief Superintendent for that locality may grant a non-cash collection permit to that person authorising him to hold non-cash collections in that locality during the period of 12 months specified in the permit by that Chief Superintendent.

(2) An application under this section shall be in writing and in the prescribed form, and shall contain such particulars as may be required under the prescribed form.

(3) Subject to subsection (4) of this section, an application under this section shall be made—

( a) not more than 12 months, and

( b) not less than 14 days,

before the commencement of the period to which the application relates.

(4) Where an application under this section is made less than 14 days before the commencement of the period referred to in subsection (3), a non-cash collection permit may be granted under section 6A (inserted by section 93(d) of the Charities Act 2009) in respect of that period if the Commissioner of the Garda Síochána, is of the opinion that the circumstances of the case so warrant.”,

( d) the insertion of the following section after section 6:

“Grant of non-cash collection permits.

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

(2) A non-cash 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 carry on for the benefit of a specified object the activity of holding non-cash collections in a specified locality or in public places of a specified kind situated in the division of the Chief Superintendent granting the permit during the period specified in the permit, but subject to the provisions of this Act and to the conditions (if any) attached to and set out in the permit.

(3) It shall be a condition of a non-cash collection permit that, where the person to whom the permit is granted proposes to hold a non-cash collection pursuant to the permit, he shall notify the Chief Superintendent for the locality to which the permit applies in writing of his proposal (including the place or places and date of the proposed non-cash collection) not earlier than 6 months and not later than 14 days before the date on which he proposes to hold the non-cash collection concerned.

(4) Where, before the receipt of a notification under subsection (3), a collection permit has been granted to a person authorising him to hold a collection in the same locality or place and on the same date as the locality or place and date to which that notification relates, the Chief Superintendent concerned may, if he considers it necessary or desirable in order to ensure the maintenance of public order or the prevention of annoyance to the public, direct that the proposed non-cash collection shall not take place at that locality or place on that date.

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

(6) A Chief Superintendent who receives a notification under subsection (3) not later than 3 months before the day or first of the days on which the non-cash collection to which the notification relates is proposed to be held shall, not later than 7 days after he or she receives the notification, give notice of such receipt to the holder of any collection or non-cash collection—

( a) that was held in the immediately preceding year on the day corresponding to a day to which the notification applies,

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

( c) the holder of which has not been notified under this subsection of the receipt of any other notification relating to a day to which the first-mentioned notification relates,

( d) in respect of which an application for a collection permit relating to a collection to be held on a day to which the first-mentioned notification relates has not been received by the Chief Superintendent, and

( e) in respect of which a notification relating to a non-cash collection to be held on a day to which the first-mentioned notification relates has not been received by the Chief Superintendent.

(7) A Chief Superintendent to whom an application for a non-cash collection permit is made shall, not later than 14 days after receiving the application, either grant the application and send the non-cash collection permit to the applicant or refuse the application and inform the applicant in writing of the refusal and of the reasons for the refusal.”,

and

( e) the substitution, in section 9, of the following paragraph for paragraph ( f):

“( f) the collectors would derive personal profit, other than the payment of a reasonable commission, or reasonable remuneration or expenses, for their services, from the proceeds of the collection.”.