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Charities Act (Northern Ireland) 2008

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This is the original version (as it was originally enacted).

Exemption for local, short-term collections
This section has no associated Explanatory Notes

136.—(1) A public charitable collection is an exempt collection if—

(a)it is a local, short-term collection (see subsection (2)), and

(b)the promoters notify the Commission of the matters mentioned in subsection (3) within the prescribed period falling before the day (or the first of the days) on which the collection takes place,

unless, within the prescribed period beginning with the date when it is so notified, the Commission serves a notice under subsection (4) on the promoters.

(2) A public charitable collection is a local, short-term collection if—

(a)the appeal is local in character; and

(b)the duration of the appeal does not exceed the prescribed period of time.

(3) The matters referred to in subsection (1)(b) are—

(a)the purpose for which the proceeds of the appeal are to be applied;

(b)the date or dates on which the collection is to be conducted;

(c)the place at which, or the locality within which, the collection is to be conducted; and

(d)such other matters as may be prescribed.

(4) Where it appears to the Commission—

(a)that the collection is not a local, short-term collection, or

(b)that the promoters or any of them have or has on any occasion—

(i)breached any provision of regulations made under section 148, or

(ii)been convicted of an offence within section 139(2)(a)(i) to (v),

the Commission shall serve on the promoters written notice of its decision to that effect and the reasons for its decision.

(5) That notice shall also state the right of appeal conferred by section 147(1) and the time within which such an appeal must be brought.

(6) Where—

(a)a collection in a public place is conducted otherwise than in accordance with section 134(1) or a door to door collection is conducted otherwise than in accordance with section 135(1), and

(b)the collection is a local, short-term collection but the promoters do not notify the Commission as mentioned in subsection (1)(b),

every promoter of the collection is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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