3. Regulation 3 of the principal Regulations is deleted and the following regulations substituted therefor:“Meaning of private fund‑raising appeal for local charitable purpose, etc., for this Part |
3.—(1) In this Part, a person (called in this Part a private fund‑raiser) conducts a private fund‑raising appeal for any local charitable purpose if —(a) | the private fund‑raiser conducts a fund‑raising appeal for any charitable, benevolent or philanthropic purpose that is not a foreign charitable purpose; | (b) | the private fund‑raiser does not publish, or cause to be published, any advertisement that —(i) | gives publicity to; or | (ii) | otherwise promotes or is intended to promote, |
the fund‑raising appeal; and |
| (c) | the private fund‑raiser receives, as a result of the fund‑raising appeal, any money or other property, only from any of the following persons: (i) | where the private fund‑raiser is an individual, other individuals whom the private fund‑raiser knows personally; | (ii) | where the private fund‑raiser is an organisation, the employees, officers or voting members of that organisation. |
|
(2) In paragraph (1), the private fund‑raiser must be a person other than —(a) | a registered charity or an exempt charity; | (b) | a commercial fund‑raiser; or | (c) | a commercial participator. |
|
(3) In this regulation —“officer” —(a) | in relation to an organisation that is a body corporate, means any director, partner, member of the board of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or | (b) | in relation to an organisation that is a body unincorporate, means the president, the secretary, or any member of the committee of management, or any person holding a position analogous to that of president, secretary or member of such a committee and includes any person purporting to act in any such capacity; |
|
“publish” means to disseminate, distribute, exhibit, provide or communicate by oral, visual, written, electronic or other means to the public at large; |
“voting member”, in relation to an organisation, means a person (not being a shareholder) who is entitled, by exercise of a voting power, to do either or both of the following:(a) | to exercise control over, or to influence, the management or operations of the organisation; | (b) | to elect or appoint any person as an officer of the organisation. |
|
|
|
Application of this Part, etc. |
3A.—(1) Unless stated otherwise in this regulation, this Part applies in relation to every fund‑raising appeal, including a fund‑raising appeal for any foreign charitable purpose.(2) Regulations 4 to 11 do not apply to any of the following persons who conducts a fund‑raising appeal:(a) | an exempt charity; | (b) | an institution of a public character; | (c) | any commercial fund‑raiser who does so on behalf of, or purportedly on behalf of, an exempt charity. |
|
(3) Regulation 6 does not apply to a private fund‑raiser who conducts a private fund‑raising appeal for any local charitable purpose.”. |
|
|
|