Part 3

Funding for charitable, benevolent or philanthropic institutions
Chapter 1

Public charitable collections

Preliminary

Charitable appeals that are not public charitable collections
46
1
A charitable appeal is not a public charitable collection if the appeal—
a
is made in the course of a public meeting; or
b
is made—
i
on land within a churchyard or burial ground contiguous or adjacent to a place of public worship, or
ii
on other land occupied for the purposes of a place of public worship and contiguous or adjacent to it,
where the land is enclosed or substantially enclosed (whether by any wall or building or otherwise); or
c
is made on land to which members of the public have access only—
i
by virtue of the express or implied permission of the occupier of the land, or
ii
by virtue of any enactment,
and the occupier is the promoter of the collection; or
d
is an appeal to members of the public to give money or other property by placing it in an unattended receptacle.
2
For the purposes of subsection (1)(c) “the occupier”, in relation to unoccupied land, means the person entitled to occupy it.
3
For the purposes of subsection (1)(d) a receptacle is unattended if it is not in the possession or custody of a person acting as a collector.
Pt. 3 Ch. 1 power to amend or modify conferred by 1993 c. 10, Sch. 1C, paras. 6, 7 (as inserted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 4; S.I. 2007/309, art. 2, Sch.)
S. 46 in force at 1.4.2008 for specified purposes by S.I. 2007/3286, art. 3, Sch. 2 (with art. 4)