1. In these regulations, unless the context otherwise
requires
"collection" means a collection of money for the benefit of
charitable or other purposes and the word "collector" shall be
construed accordingly:
"promoter" means a person who causes other to act as
collectors;"the licensing authority" means the Bath & North
East Somerset Council;"permit" means a permit for a
collection;"contributor" means a person who contributes to a
collection for sale for the benefit of charitable or other
purposes;"collecting box" means a box or other receptacle for the
reception of money from contributors.
2. No collection, other than a collection taken at a
meeting in the open air, shall be made in any street or public
place within the Council unless a promoter shall have obtained,
from the licensing authority, a permit.
3. Application for a permit shall be made in writing not
later than one month before the date on which it is proposed to
make the collection.
4. No collection shall be made except upon the day and
between the hours stated in the permit.
5. The licensing authority may, in granting a permit,
limit the collection to such streets or public places or such parts
thereof as it thinks fit.
6. (i) No person may assist or take part in any
collection without the written authority of a promoter;
(ii) Any person authorised under paragraph 1 above shall produce
such written authority forthwith for inspection on being requested
to do so by a duly authorised officer of the licensing
authority or any constable.
7. No collection shall be made in any part of the
carriageway of any street which has a footway.
Provided that the licensing authority may, if it thinks fit,
allow a collection to take place on the said carriageway where such
collection has been authorised to be held in connection with a
procession.
8. No collection shall be made in a manner likely to
inconvenience or annoy any person.
9. No collector shall importune any person to the
annoyance of such person.
10. While collecting:
(a) a collector shall remain stationary; and
(b) a collector or two collectors together shall not be
nearer to another collector than 25 metres.
The licensing authority may, if it thinks fit, waive the
requirements of this regulation in respect of a collection which
has been authorised to be held in connection with a procession.
11. No promoter, collector or person who is otherwise
connected with a collection shall permit a person under the age of
sixteen years to act as collector.
12. (i) Every collector shall carry a
collecting box.
(ii) All collecting boxes shall be numbered consecutively
and shall be securely closed and sealed in such a way as to prevent
them being opened without the seal being broken.
(iii) All money received by a collector from contributors shall
immediately be placed in a collecting box.
(iv) Every collector shall deliver, unopened, all
collecting boxes in his possession to a promoter.
13. A collector shall not carry or use any collecting box,
receptacle or tray which does not bear displayed prominently
thereon the name of the charity or fund which is to benefit nor any
collecting box which is not duly numbered
14. (i) Subject to paragraph (ii) below a
collecting box shall be opened in the presence of a promoter and
another responsible person.
(ii) Where a collecting box is delivered, unopened, to a
bank, it may be opened by an official of the bank.
(iii) As soon as a collection box has been opened, the person
opening it shall count the contents and shall enter the amount with
the number of the collecting box on a list which shall be certified
by that person.
15. (i) No payment shall be made to any
collector.
(ii) No payment shall be made out of the proceeds of a
collection, either directly or indirectly, to any other person
connected with the promotion or conduct of such collection for, or
in respect of, services connected therewith, except such payments
as may have been approved by the licensing authority.
16. (i) Within one month after the date of any
collection the person to whom a permit has been granted shall
forward to the licensing authority:
(a) a statement in the form set out in the Schedule to
those Regulations, or in a form to the like effect, showing the
amount received and the expenses and payments incurred in
connection with such collection, and certified by that person and a
qualified accountant;
(b) a list of the collectors;
(c) a list of the amounts contained in each collecting
box;and shall, if required by the licensing authority, satisfy it
as to the proper application of the proceeds of the collection.
(ii) The said person shall also, within the same period,
at the expense of that person and after a qualified accountant has
given his certificate under paragraph 1a above, publish in such
newspaper or newspapers as the permit licensing authority may
direct a statement showing the name of the person to whom the has
been granted, the area to which the permit relates, the name of the
charity or fund to benefit, the date of the collection, the amount
collected, and the amount of the expenses and payments incurred in
connection with such collection.
(iii) The licensing authority may, if satisfied there are
special reasons for so doing, extend the period of one month
referred to in paragraph (i) above.
(iv) For the purposes of this Regulation "a qualified
accountant" means a member of one or more of the following
bodies:
- The Institute of Chartered Accountants in England and
Wales
- The Institute of Chartered Accountants in Scotland
- The Association of Certified Accountants
- The Institute of Chartered Accountants in Ireland
17. These regulations shall not apply:
(a) In respect of a collection taken at a meeting in the
open air; or
(b) To the selling of articles in any street or public
place when the articles are sold in the ordinary course of
trade.
18. Any person who acts in contravention of any of the
foregoing regulations shall be liable on summary conviction to a
fine not exceeding Level 1 on the Standard Scale (2 units – two
hundred pounds as at 1 March 1993) in the case of a first or
subsequent offence.