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Charities Act 2006

Commentary on Sections

Section 53: Grounds for refusing to issue a public collections certificate

207.This section sets out the grounds the Charity Commission may rely on for refusing to award a public collections certificate.

208.The grounds available in subsection (1) include grounds which are equivalent to the grounds provided by paragraphs (c) to (g) of section 69(1) of the 1992 Act. In addition there are new grounds: (1)(d) where the Commission is not satisfied that due diligence will be exercised in respect of a collection; (1)(g) where the applicant has failed to provide information; (1)(h) where it appears to the Commission that the information provided is false or misleading; (1)(i) where conditions attached to a certificate have been breached, or conditions attached to a permit persistently breached; (1)(j) where it appears to the Commission that the applicant or anyone authorised by him has breached a provision of regulations made under section 63.

209.Subsection (2) sets out (a) relevant offences that may lead to refusal to issue a certificate, and (b) the due diligence required by subsections (1)(c) and (1)(d).

210.Subsections (4), (5), and (6) are based on sections 69(3)(b) and (4) of the 1992 Act. They enable the consideration of the required due diligence (set out in subsection (2)(b) of this section) in connection with collections which were carried out under legislation and regulations that pre-date this legislation.

211.Subsection (7) provides that all types of collections under this Chapter can be considered for the purposes of assessing whether due diligence was exercised in connection with past collections (at subsection (1)(c)). Subsection (8) provides definitions for this section that replicate section 69(5) of the 1992 Act.

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