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Street collection regulations

Salisbury District Council regulations on Street Collections

In exercise of the powers conferred upon it by Section 5 of the Police, Factories, etc. (Miscellaneous Provisions) Act 1916, as amended by Section 251 of the Local Government Act 1972 and schedule 29 to the Act, Salisbury District Council hereby makes the following regulations with respect to the places where and the conditions under which persons may be permitted in any street or public place within the District of Salisbury to collect money or sell articles for the benefit of charitable or other purposes.

1. In these Regulations, unless the context otherwise requires:
   1. 'collection', means a collection of money or a sale of articles for the benefit of charitable or other purposes and the word "collector" shall be construed accordingly;
   2. 'promoter' means a person who causes others to act as a collector;
   3. 'permit' means a permit for a collection;
   4. 'contributor' means a person who contributes to a collection and includes a purchaser of articles for sale for the benefit of charitable or other purposes;
   5. '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 Salisbury district unless a promoter shall have obtained from the Salisbury District Council 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 Salisbury District Council may, in granting a permit, limit the collection to such streets or public places or such parts thereof as it thinks fit.
6. No person may assist or take part in any collection without the written authority of a promoter.
7. Any person authorised under paragraph 6. above shall produce such written authority forthwith for inspection on being requested to do so by a potential donor, a duly authorised officer of the Salisbury District Council or any Constable.
8. No collection shall be made in any part of the carriage way of any street which has a footway. Provided that the Salisbury District Council may, if it thinks fit, allow a collection to take place on the said carriage way where such collections has been authorised to be held in connection with a procession.
9. No collection shall be made in a manner likely to inconvenience or annoy any person.
10. No collector shall importune any person to the annoyance of such person.
11. While collecting
    1. a collector shall remain stationary; and
    2. a collector or two collectors together shall not be nearer to another collector than 25 metres.
    
    The Salisbury District Council 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.
12. 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 a collector.
13. Every collector shall carry a collecting box.
    1. 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.
    2. All money received by a collector from contributors shall immediately be placed in a collecting box
    3. Every collector shall deliver, unopened, all collecting boxes in his possession to a promoter.
14. 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.
    1. Subject to paragraph b) below a collecting box shall be opened in the presence of a promoter and another responsible person.
    2. Where a collecting box is delivered unopened to a bank, it may be opened by an official of the bank.
    3. As soon as a collecting 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. No payment shall be made to any collector.
16. 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 Salisbury District Council.
17. Within one month after the date of any collection the person to whom a permit has been granted shall forward to the Salisbury District Council
    1. A statement in the form set out in the Schedule to these regulations, or in a form to the like effect, showing the amount received and the expenses and payment incurred in connection with such collection, and certified by that person and either a qualified accountant; or an independent responsible person acceptable to Salisbury District Council;
    2. A list of the collectors;
    3. A list of the amount contained in each collecting box;
    
    and shall if required by the Salisbury District Council, satisfy it as to the proper application of the proceeds of the collection.
18. The said person shall also, within the same period, at the expense of that person and after a qualified accountant or an independent responsible person acceptable to the Salisbury District Council has given his certificate under paragraph 17. a) above, publish in such a newspaper or newspapers as the Salisbury District Council may direct, a statement showing the name of the person to whom the permit has been granted, the area to which the licence 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 a collection.
    1. The Salisbury District Council may, if satisfied there are special reasons for so doing, extend the period of one month referred to in paragraph 17.above.
    2. 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 of Scotland;
    • the Institute of Certified Accountants;
    • the Institute of Chartered Accountants in Ireland.
19. No collector or vendor shall use a table for the purpose of a collection or sale so as to cause or be likely to cause obstruction. No table used shall exceed (0.75 metres in length and 0.5 metres in width.)
20. No collector or vendor shall use a box or other receptacle at the end of a pole intended to reach upper windows or the roofs of conveyances.
21. No collector shall be accompanied by any animal.
22. The Salisbury District Council may in granting a permit, waive the requirements of Regulations 11, 13, 14, and 21.
23. These regulations shall not apply
    1. in respect of a collection taken at a meeting in the open air;
    2. to the selling of articles in any street or public place when the articles are sold in the ordinary course of trade.

The foregoing regulations were approved and adopted at a meeting of the Salisbury District Council held on the Thirtieth day of September 1980.

THE COMMON SEAL of THE SALISBURY DISTRICT COUNCIL was hereunto affixed this SIXTEENTH day of FEBRUARY 1981 in the presence of F.W. Colquhoun.

CHIEF EXECUTIVE

The Secretary of State this day confirmed the foregoing Regulations and directed that the same shall be published by the insertion of an announcement in two successive issues of two newspapers circulating in the district of Salisbury stating that such Regulations have been made and confirmed and that copies can be obtained on application to the Salisbury District Council

Signed by authority of the Secretary of State
Home Office
QUEEN ANNE'S GATE

G De Deney
An Assistant Under Secretary of State

19th March 1981

I certify that this is a true copy of the original

F. W. ColQUHOUN
Chief Executive

Notes to Accompany Street Collections Regulations

1. Any person acting in contravention of the Regulations nos 1 - 23 shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale or in the case of a second or subsequent offence, not exceeding level 1 on the standard scale. This Provision has been brought into force with effect, by the operation of the Criminal Justice Act 1982 ss38 and 46.
2. In spite of being registered under the Lotteries and Amusement Act 1976, and being in possession of a current licence, no lottery tickets may be sold to the public in a street except from a kiosk or shop premises. The expression 'street' includes any bridge, road, lane, footway, subway, court, alley or passage, whether a thoroughfare or not, which is for the time being open to the public without payment.