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Article 155 Other persons making appeals required to indicate institutions benefiting and arrangements for remuneration

Original text. Later amendments are not shown.

(1)

Paragraphs (1) and (2) of Article 154 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 paragraphs do not so apply to a person excluded by virtue of—

(a)

paragraph (3), or

(b)

Article 156(1) (exclusion of lower-paid collectors).

(3)

Those paragraphs do not so apply to a person if—

(a)

Article 154(1) or (2) applies apart from paragraph (1) (by virtue of the exception in Article 152(2)(c) for persons treated as promoters), or

(b)

paragraph (4) or (5) applies,

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

(4)

Where a person within paragraph (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 paragraph (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 paragraph (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 paragraph (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 paragraph 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 paragraph (6) if he is excluded by virtue of Article 156(4).

(8)

Where any requirement of—

(a)

paragraph (1) or (2) of Article 154, as it applies by virtue of paragraph (1) above, or

(b)

paragraph (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)

Article 154(9) and (10) apply in relation to an offence under paragraph (8) above as they apply in relation to an offence under Article 154(7).

(10)

In this Article “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.