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Charities Act 2006

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This is the original version (as it was originally enacted).

59Determination of applications and issue of permits
This section has no associated Explanatory Notes

(1)On receiving an application made in accordance with section 58 for a permit in respect of a collection in a public place, a local authority must determine the application within the prescribed period by either—

(a)issuing a permit in respect of the collection, or

(b)refusing the application on the ground specified in section 60(1).

(2)Where a local authority issue such a permit, it shall (subject to section 61) have effect in respect of the date or dates specified in the application in accordance with section 58(3)(a).

(3)At the time of issuing a permit under this section, a local authority may attach to it such conditions within paragraphs (a) to (d) below as they think fit, having regard to the local circumstances of the collection—

(a)conditions specifying the day of the week, date, time or frequency of the collection;

(b)conditions specifying the locality or localities within their area in which the collection may be conducted;

(c)conditions regulating the manner in which the collection is to be conducted;

(d)such other conditions as may be prescribed for the purposes of this subsection.

(4)A local authority must secure that the terms of any conditions attached under subsection (3) are consistent with the provisions of any regulations under section 63 (whether or not prescribing conditions for the purposes of that subsection).

(5)Where a local authority—

(a)refuse to issue a permit, or

(b)attach any condition to it,

they must serve on the applicant written notice of their decision and the reasons for their decision.

(6)That notice must also state the right of appeal conferred by section 62(2) and the time within which such an appeal must be brought.

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