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Charities Act 2006

Commentary on Sections

Section 46: Charitable appeals that are not public charitable collections

186.This section defines charitable appeals that are not public charitable collections and therefore do not come under this licensing scheme. It reflects section 65(2) of the 1992 Act, with the addition of subsections (1)(c) and (2) which specifically exclude any appeal on land to which the public has unrestricted access, either because of the express or implied permission of the occupier of the land or where the public has a statutory right of access, for example under the Countryside and Rights of Way Act 2000, and where the occupier is the promoter of the collection. This provision is intended to exclude collections undertaken by organisations such as the National Trust on their own land from the scope of the scheme.

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