OpenLegislation

Charities Act 1992 in Scotland

1992 c. 41 · Enacted 16 March 1992 · Extends to United Kingdom

Not fully up to date. 5 changes made by later legislation have not yet been written into this text, which is revised to 30 September 2026.

See the changes not yet applied
ProvisionChangeMade by
Sch. 6 para. 10repealedCharities and Trustee Investment (Scotland) Act 2005 sch. 4 para. 8
Sch. 6 para. 11repealedCompanies Act 2006 Sch. 16
s. 79(6)words repealedCharities Act 2006 Sch. 8 para. 94(a) Sch. 9
s. 79(7)repealedCharities Act 2006 Sch. 8 para. 94(b) Sch. 9
Sch. 7 entryrepealedCharities Act 2006 Sch. 8 para. 95 Sch. 9

An Act to amend the Charities Act 1960 and make other provision with respect to charities; to regulate fund-raising activities carried on in connection with charities and other institutions; Schedule 6to make fresh provision with respect to public charitable collections; and for connected purposes.

[16th March 1992]

E1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C1C2C3

Annotations to the whole text

Modifications

C1

Act transfer of functions (13.12.2006) by Transfer of Functions (Third Sector, Communities and Equality) Order 2006 (S.I. 2006/2951), art. 3(2)(b)

C2

Act power to amend conferred (27.2.2007) by Charities Act 2006 (c. 50), ss. 76, 79(2); S.I. 2007/309, art. 2, Sch.

C3

Act functions transferred (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 10(2)(b) (with arts. 10(3), 11, 12)

Extent

E1

Act extends to England and Wales only except as provided by s. 79(3)-(7)

Contents

  1. Part I
  2. 36Removal of requirements under statutory provisions for consent to dealings with charity land. Repealed
  3. Powers of investment Repealed
  4. 38Relaxation of restrictions on wider-range investments. Repealed
  5. 39Extension of powers of investment. Repealed
  6. Miscellaneous and supplementary Repealed
  7. 52Disclosure of information to and by Commissioners. Repealed
  8. Preliminary
  9. 60AOther persons making appeals required to indicate institutions benefiting and arrangements for remuneration
  10. 62Right of charitable institution to prevent unauthorised fund-raising.
  11. 64CReserve power to confer additional powers on Charity Commission
  12. Preliminary Not yet in force
  13. Prohibition on conducting unauthorised collections Not yet in force
  14. 66Prohibition on conducting public charitable collections without authorisation. Not yet in force
  15. Permits Not yet in force
  16. 68Determination of applications and issue of permits. Not yet in force
  17. 69Refusal of permits. Not yet in force
  18. 70Withdrawal etc. of permits. Not yet in force
  19. Orders made by Charity Commissioners
  20. Supplementary
  21. Part IV: GENERAL
  22. 77Regulations and orders.
  23. 78Minor and consequential amendments and repeals.
  24. 79Short title, commencement and extent.
  25. 1Paragraph 1 Repealed
  26. 2Paragraph 2 Repealed
  27. Schedule 6: MINOR AND CONSEQUENTIAL AMENDMENTS
  28. 2Paragraph 2 Repealed
  29. 7FIRE PRECAUTIONS (LOANS) ACT 1973 (c.11) Repealed
  30. 10CIVIC GOVERNMENT (SCOTLAND) ACT 1982 (c. 45)
  31. 11COMPANIES ACT 1985 (c.6)
  32. 13HOUSING ASSOCIATIONS ACT 1985 (c.69)
  33. 14FINANCIAL SERVICES ACT 1986 (c.60) Repealed
  34. 15COAL INDUSTRY ACT 1987 (c.3) Repealed
  35. 17INCOME AND CORPORATION TAXES ACT 1988 (c.1) Repealed
  36. Schedule 7Repeals

36Removal of requirements under statutory provisions for consent to dealings with charity land.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38Relaxation of restrictions on wider-range investments.F1 E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39Extension of powers of investment.F1 E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52Disclosure of information to and by Commissioners.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

60AOther persons making appeals required to indicate institutions benefiting and arrangements for remunerationF1

(1)

Subsections (1) and (2) of section 60 apply to a person acting for reward as a collector in respect of a public charitable collection as they apply to a professional fund-raiser.

(2)

But those subsections do not so apply to a person excluded by virtue of—

(a)

subsection (3) below, or

(b)

section 60B(1) (exclusion of lower-paid collectors).

(3)

Those subsections do not so apply to a person if—

(a)

section 60(1) or (2) applies apart from subsection (1) (by virtue of the exception in section 58(2)(c) for persons treated as promoters), or

(b)

subsection (4) or (5) applies,

in relation to his acting for reward as a collector in respect of the collection mentioned in subsection (1) above.

(4)

Where a person within subsection (6) solicits money or other property for the benefit of one or more particular charitable institutions, the solicitation shall be accompanied by a statement clearly indicating—

(a)

the name or names of the institution or institutions for whose benefit the solicitation is being made;

(b)

if there is more than one such institution, the proportions in which the institutions are respectively to benefit;

(c)

the fact that he is an officer, employee or trustee of the institution or company mentioned in subsection (6); and

(d)

the fact that he is receiving remuneration as an officer, employee or trustee or (as the case may be) for acting as a collector.

(5)

Where a person within subsection (6) solicits money or other property for charitable, benevolent or philanthropic purposes of any description (rather than for the benefit of one or more particular charitable institutions), the solicitation shall be accompanied by a statement clearly indicating—

(a)

the fact that he is soliciting money or other property for those purposes and not for the benefit of any particular charitable institution or institutions;

(b)

the method by which it is to be determined how the proceeds of the appeal are to be distributed between different charitable institutions;

(c)

the fact that he is an officer, employee or trustee of the institution or company mentioned in subsection (6); and

(d)

the fact that he is receiving remuneration as an officer, employee or trustee or (as the case may be) for acting as a collector.

(6)

A person is within this subsection if—

(a)

he is an officer or employee of a charitable institution or a company connected with any such institution, or a trustee of any such institution,

(b)

he is acting as a collector in that capacity, and

(c)

he receives remuneration either in his capacity as officer, employee or trustee or for acting as a collector.

(7)

But a person is not within subsection (6) if he is excluded by virtue of section 60B(4).

(8)

Where any requirement of—

(a)

subsection (1) or (2) of section 60, as it applies by virtue of subsection (1) above, or

(b)

subsection (4) or (5) above,

is not complied with in relation to any solicitation, the collector concerned shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(9)

Section 60(8) and (9) apply in relation to an offence under subsection (8) above as they apply in relation to an offence under section 60(7).

(10)

In this section—

  • “the appeal”, in relation to any solicitation by a collector, means the campaign or other fund-raising venture in the course of which the solicitation is made;

  • “collector” has the meaning given by section 47(1) of the Charities Act 2006;

  • “public charitable collection” has the meaning given by section 45 of that Act.

62Right of charitable institution to prevent unauthorised fund-raising.I1

(1)

Where on the application of any charitable institution—

(a)

the court is satisfied that any person has done or is doing either of the following, namely—

(i)

soliciting money or other property for the benefit of the institution, or

(ii)

representing that charitable contributions are to be given to or applied for the benefit of the institution,

and that, unless restrained, he is likely to do further acts of that nature, and

(b)

the court is also satisfied as to one or more of the matters specified in subsection (2),

then (subject to subsection (3)) the court may grant an injunction restraining the doing of any such acts.

(2)

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

(a)

that the person in question is using methods of fund-raising to which the institution objects;

(b)

that that person is not a fit and proper person to raise funds for the institution; and

(c)

where the conduct complained of is the making of such representations as are mentioned in subsection (1)(a)(ii), that the institution does not wish to be associated with the particular promotional or other fund-raising venture in which that person is engaged.

(3)

The power to grant an injunction under subsection (1) shall not be exercisable on the application of a charitable institution unless the institution has, not less than 28 days before making the application, served on the person in question a notice in writing—

(a)

requesting him to cease forthwith—

(i)

soliciting money or other property for the benefit of the institution, or

(ii)

representing that charitable contributions are to be given to or applied for the benefit of the institution,

as the case may be; and

(b)

stating that, if he does not comply with the notice, the institution will make an application under this section for an injunction.

(4)

Where—

(a)

a charitable institution has served on any person a notice under subsection (3) (“the relevant notice”) and that person has complied with the notice, but

(b)

that person has subsequently begun to carry on activities which are the same, or substantially the same, as those in respect of which the relevant notice was served,

the institution shall not, in connection with an application made by it under this section in respect of the activities carried on by that person, be required by virtue of that subsection to serve a further notice on him, if the application is made not more than 12 months after the date of service of the relevant notice.

(5)

This section shall not have the effect of authorising a charitable institution to make an application under this section in respect of anything done by a professional fund-raiser or commercial participator in relation to the institution.

64CReserve power to confer additional powers on Charity CommissionF1

(1)

In the case of charity fund-raising which—

(a)

is carried on by a charity, a person managing a charity or a person or company connected with a charity, or

(b)

involves soliciting or otherwise procuring funds for the benefit of a charity or a company connected with a charity, or for charitable purposes,

regulations under section 64A may, in particular, make provision conferring functions on the Charity Commission, including provision applying or reproducing, with or without modification, any provision of the Charities Act 2011.

(2)

The regulations may provide for a power that is exercisable by the Commission by virtue of the regulations to be exercisable by a person appointed by the Commission for the purpose.

(3)

Where regulations by virtue of this section apply in relation to charity fund-raising by institutions that are not charities, section 19 of the Charities Act 2011 (fees and other amounts payable to Commission) applies in relation to the regulations as it applies in relation to the enactments relating to charities (but that is without prejudice to the application of other provisions by virtue of this section or section 77(3)).

66Prohibition on conducting public charitable collections without authorisation.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

68Determination of applications and issue of permits.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

69Refusal of permits.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

70Withdrawal etc. of permits.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

77Regulations and orders.I1 E+W+S

(1)

Any regulations or order of the F1Secretary of State under this Act—

(a)

shall be made by statutory instrument; and

(b)

(subject to F2subsections (2) and (2A)) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2)

Subsection (1)(b) does not apply—

F3(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

to an order under section 79(2).

F4(2A)

Subsection (1)(b) does not apply to regulations under section 64A, and no such regulations may be made unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

P1(3)

Any regulations or order of the F5Secretary of State under this Act may make—

(a)

different provision for different cases; and

(b)

such supplemental, incidental, consequential or transitional provision or savings as the Secretary of State considers appropriate.

(4)

Before making any regulations under section F6. . . 64 F7or 64A F8... the F9Secretary of State shall consult such persons or bodies of persons as he considers appropriate F10and, in the case of regulations made by virtue of section 64B or 64C, shall in particular consult the Charity Commission.

78Minor and consequential amendments and repeals.I1

(1)

The enactments mentioned in Schedule 6 to this Act shall have effect subject to the amendments there specified (which are either minor amendments or amendments consequential on the provisions of this Act).

(2)

The enactments mentioned in Schedule 7 to this Act (which include some that are already spent or are no longer of practical utility) are hereby repealed to the extent specified in the third column of that Schedule.

79Short title, commencement and extent.I1

(1)

This Act may be cited as the Charities Act 1992.

P1(2)

This Act shall come into force on such day as the F1Secretary of State may by order appoint; and different days may be so appointed for different provisions or for different purposes.

(3)

Subject to subsections (4) to (6) below, this Act extends only to England and Wales.

F2(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

The amendments in Schedule 6, and (subject to subsection (7)) the repeals in Schedule 7, have the same extent as the enactments to which they refer, and section 78 extends accordingly.

(7)

The repeal in Schedule 7 of the M1Police, Factories, &c. (Miscellaneous Provisions) Act 1916 does not extend to Northern Ireland.

1F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7FIRE PRECAUTIONS (LOANS) ACT 1973 (c.11)F1 E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10CIVIC GOVERNMENT (SCOTLAND) ACT 1982 (c. 45)I1 S

In section 119(6)(d) (grounds for refusal of permission for public charitable collection in Scotland)—

(a)

after “under”, where secondly occurring, insert “ this section or ”; and

(b)

after “section”, where secondly occurring, insert “ or under Part III of the Charities Act 1992 or regulations made under section 73 of that Act ”.

11COMPANIES ACT 1985 (c.6)I1 E+W+S

In each of the following provisions, namely—

(a)

section 209(1)(c) (interests to be disregarded for purposes of general disclosure provisions), and

(b)

paragraph 11(b) of Schedule 13 (interests to be disregarded for purposes of provisions relating to disclosure by directors etc.),

after “section 22” insert “ or 22A ”.

13HOUSING ASSOCIATIONS ACT 1985 (c.69) E+W+S

F1(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14FINANCIAL SERVICES ACT 1986 (c.60)F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15COAL INDUSTRY ACT 1987 (c.3)F1 E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17INCOME AND CORPORATION TAXES ACT 1988 (c.1)F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schedule 7RepealsI1E1

ChapterShort titleExtent of repeal
1872 c.24.Charitable Trustees Incorporation Act 1872.In section 2, the words from “; and all” onwards.
In section 4, the words from “; and the appointment” onwards.
In section 5, the words from “; and nothing” onwards.
In section 7, the words from “; and there” onwards.
The Schedule.
1916 c.31.Police, Factories, &c. (Miscellaneous Provisions) Act 1916.The whole Act.
1939 c.44.House to House Collections Act 1939.The whole Act.
1940 c.31.War Charities Act 1940.The whole Act.
1948 c.29.National Assistance Act 1948.Section 41.
1958 c.49.Trading Representations (Disabled Persons) Act 1958.Section 1(2)(b).
1959 c.72.Mental Health Act 1959.Section 8(3).
1960 c.58.Charities Act 1960.In section 4(6), the words from “and any person” onwards.
Section 6(6) and (9).
Section 7(4).
F1. . .
Section 16(2).
In section 19(6), the words “or the like reference from the Secretary of State”.
In section 22, subsection (6) and, in subsection (9), the words from “, and the” to “endowment” (where last occurring).
Section 27.
Section 29.
In section 30C(1)(c), the words “by or”.
Section 31.
Section 44.
In section 45(3), the words “Subject to subsection (9) of section twenty-two of this Act,”.
In section 46, the words “, subject to subsection (9) of section twenty-two of this Act,”.
In Schedule 1, in paragraph 1(3), the words “Subject to sub-paragraph (6) below,”.
In Schedule 6, the entry relating to the War Charities Act 1940.
1966 c.42.Local Government Act 1966.In Schedule 3, in column 1 of Part II, paragraph 20.
1968 c.60.Theft Act 1968.In Schedule 2, in Part III, the entry relating to the House to House Collections Act 1939.
1970 c.42.Local Authority Social Services Act 1970.In Schedule 1, the entry relating to section 41 of the National Assistance Act 1948.
1972 c.70.Local Government Act 1972.Section 210(8).
In Schedule 29, paragraphs 22 and 23.
1983 c.41.Health and Social Services and Social Security Adjudications Act 1983.Section 30(3).
1983 c.47.National Heritage Act 1983.In Schedule 4, paragraphs 13 and 14.
1985 c.9.Companies Consolidation (Consequential Provisions) Act 1985.In Schedule 2, the entry relating to section 30(1) of the Charities Act 1960.
1985 c.20.. . .. . .
1986 c.41.Finance Act 1986.Section 33.