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Charities Act 2006

Commentary on Sections

Section 45: Regulation of public charitable collections

184.This section and the following 21 sections comprise Chapter 1 of Part 3 of the Act, which provide for the regulation of public charitable, philanthropic and benevolent collections. They build on provisions in Part 3 of the 1992 Act. Part 3 of the 1992 Act was never brought into effect, and will be replaced by these provisions. The arrangements currently in force for regulating public charitable collections derive (in the case of street collections) from a law of 1916 and (in the case of house to house collections) from a law of 1939.

185.Subsection (1) of section 45 defines the two types of public charitable collection: collections in a public place, and door to door collections. Subsections (2), (3) and (4) provide for the definitions relevant to this Chapter, including that a charitable appeal in this context covers an appeal for philanthropic and benevolent purposes, and that giving money for the purposes of a charitable appeal covers giving by whatever means, including by direct debit. Subsections (5) and (6) provide definitions relevant to this section, including the definition of public place.

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