Charities and Trustee Investment (Scotland) Act 2005

Prospective

84Meaning of “public benevolent collection”S

(1)This section applies for the interpretation of sections 85 to 92.

(2)“Public benevolent collection” means a collection from the public of money or promises of money (whether or not given by them for a consideration by way of goods or services) for the benefit of benevolent bodies or for charitable, benevolent or philanthropic purposes taken—

(a)in a public place, or

(b)by means of visits to two or more houses or business premises.

(3)“Public place”, in relation to a public benevolent collection, means—

(a)any road (within the meaning of the Roads (Scotland) Act 1984 (c. 54)), and

(b)any other place to which, at any time when the collection is taken, members of the public have access as of right or by virtue of express or implied permission and which—

(i)is not within a building, or

(ii)if within a building, is a public area within any station, airport or shopping precinct or is any other similar public area.

(4)But subsection (3)(b) does not apply to any place to which members of the public have access—

(a)only on payment or by ticket,

(b)only by virtue of permission given for the purpose of the collection in question.

(5)In relation to a public benevolent collection—

• “business premises” means any premises used for business or other commercial purposes,

• “house” includes any part of a building constituting a separate dwelling.

Prospective

85Regulation of public benevolent collectionsS

(1)Where a public benevolent collection is held in the area of a local authority without the consent of the authority under section 86, the organiser of the collection is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(2)Subsection (1) does not apply to a collection—

(a)by a designated national collector,

(b)which takes place in the course of a public meeting,

(c)which—

(i)takes place on land to which members of the public have access only by virtue of the express or implied permission of the occupier of the land or by virtue of any enactment, and

(ii)is organised by the occupier of the land, or

(d)which takes place by means of an unattended receptacle in a public place.

(3)In subsection (2), “occupier” means, in relation to unoccupied land, the person entitled to occupy it.

Prospective

87Designated national collectorsS

(1)OSCR may specify criteria to be satisfied for the purposes of—

(a)obtaining, and

(b)retaining,

designation as a designated national collector under this section.

(2)Before specifying such criteria, OSCR must consult—

(a)such associations representing local authorities,

(b)such persons representing the interests of charities, and

(c)such other persons,

as it thinks fit.

(3)OSCR must publish any criteria specified under subsection (1).

(4)OSCR may designate as a designated national collector a charity which appears to it to satisfy such criteria as are for the time being specified under subsection (1)(a).

(5)OSCR may withdraw a designation under subsection (4) from a charity which appears to it not to satisfy such criteria as are for the time being specified under subsection (1)(b).

(6)Regulations under section 90 may make provision about the effect of the withdrawal of a designation in relation to public benevolent collections notice of which was, prior to the withdrawal, given under subsection (7).

(7)A designated national collector which proposes to hold a public benevolent collection in the area of a local authority must—

(a)no earlier than 18 months, and

(b)no later than 3 months,

before the proposed date of the collection, notify the authority of the proposal.

(8)The local authority may prohibit the public benevolent collection if it considers that the public benevolent collection would be likely to cause undue public inconvenience (by reason of it being held on the same date and at the same time and place as any other public benevolent collection or for any other reason).

(9)A decision under subsection (8) must be made not later than one month after the date of the notification under subsection (7).

(10)A local authority must give the designated national collector notice of a decision under subsection (8) including the reasons for the authority's decision and information about the designated national collector's rights of appeal under section 88.

Prospective

88AppealsS

(1)The organiser of a public benevolent collection may, by summary application, appeal to the sheriff against a decision of a local authority under section 86—

(a)granting consent subject to conditions,

(b)refusing consent, or

(c)withdrawing or varying a consent.

(2)But no appeal is competent under subsection (1) against the decision of the local authority so far as the decision, or the reasons for it, relate to the date of the proposed collection.

(3)A designated national collector may, by summary application, appeal to the sheriff against a decision of a local authority under section 87(8).

(4)An appeal under this section must be lodged within 14 days of the date of receipt of the notice under section 86(9) or, as the case may be, 87(10).

(5)In upholding an appeal under this section the sheriff may quash the decision of the local authority and remit the case, together with reasons for the sheriff's decision, to the authority for further consideration.

Prospective

89Application of fundsS

(1)This section applies where the court, on an application by OSCR, is satisfied that sums collected in a public benevolent collection by or on behalf of any person other than a charity cannot for any reason be applied for the purposes for which they were collected.

(2)The court may—

(a)order any person holding such sums not to part with them without the court's consent,

(b)approve a scheme prepared by OSCR for the transfer of those sums to a charity specified in the scheme.

(3)The court may approve a scheme under subsection (2)(b) subject to modifications.

(4)In this section, “the court” means the sheriff.

Prospective

92Guidance on collectionsS

Local authorities must have regard to any guidance issued by OSCR about the exercise of their functions in relation to—

(a)public benevolent collections, or

(b)collections from the public of goods for the benefit of benevolent bodies or for charitable, benevolent or philanthropic purposes.