Section 8: Collecting money or other property
Current code rules
Collecting money
- 8.1.2 You must avoid causing an obstruction, congestion and nuisance to the public. You must not deliberately block the path of members of the public.
- 8.1.3 You must treat the locations where you are fundraising with respect.
- 8.4.16 You must not leave bags unattended on any public road or right of way. A team member must always stay within three metres of the bags and be able to see a ‘team bag’ (if one is used).
- 8.4.18 You must not position yourself within three metres of:
- a shop entrance;
- a pedestrian crossing;
- a cashpoint machine;
- a station entrance;
- a market stall; or
- a street trader, vendor or busker.
- 8.4.25 When working at high-street locations:
- you must work within one metre of the promotional stand (or equivalent) which must be no more than one metre away from the shopfront; and
- your position and the stand must not affect other businesses.
If this standard contradicts or conflicts with any conditions included in an agreement with the relevant site owner or manager, the site agreement will apply.
Indicative change to code rules
Collecting money
- Rule A.A.A: You must treat the locations where you are fundraising with respect and must not leave bags unattended or cause an obstruction or nuisance to the public or other businesses.
- For street collections, this includes:
- not positioning yourself within three metres of:
- a shop entrance;
- a pedestrian crossing;
- a cashpoint machine;
- a station entrance;
- a market stall; or
- a street trader, vendor or busker.
- not positioning yourself within three metres of:
- For private site collections, this includes:
- working within one metre of the promotional stand (or equivalent) which must be no more than one metre away from the shopfront.
- For street collections, this includes:
If this standard conflicts with any conditions included in an agreement with the relevant site owner or manager, the site agreement will apply.
Section 9: Fundraising communications and advertisements
Current code rules
Case studies
- 9.1.8 If you change any of the details in case studies or use real examples to inspire a case study, you must make this clear and you must be able to prove that the case study is representative of a real situation.
- 3.4.1 If you plan to use a real-life example of a person in a case study, you must only process that person’s personal data in line with the law.
- 3.4.2 If you want to use a case study which identifies a person who has died, you must make all reasonable efforts to get permission from that person's estate.
- 15.3.2 You must not exploit beneficiaries or supporters by using them as case studies or testimonials for legacy giving, and must respect their dignity and privacy. If you want to use case studies, you must get permission from the testator (or if they have died, from the person responsible for the estate) if possible.
Indicative change to code rules
Case studies
- Rule A.A.A: You must be able to prove that all case studies are representative of real situations.
- Rule A.A.B: You must get a person’s clear and informed permission before using them as a case study. If the person has died, you must make all reasonable efforts to get permission from their estate.
For more information on data protection and consent, see section 3 on Processing personal data (information).
Current code rules
Enclosures
- 9.3.3 You must be able to prove that the purpose of an enclosure was to strengthen the message or to involve the person emotionally in the cause, and not to encourage them to donate mainly because of financial guilt or to cause embarrassment.
For more standards on offering incentives to donors, see section 2.7 Using funds.
- 9.3.4 You must consider whether any enclosures are safe for the person receiving them.
- 9.3.5 You must not use enclosures that might cause inconvenience when delivering them, unless the donor knows about them or has asked for them.
Indicative change to code rules
Enclosures
- Rule A.A.A: You must take due care when including enclosures in fundraising materials. Issues to consider include:
- how enclosures strengthen your message, rather than encouraging a donation based on guilt or embarrassment;
- that enclosures are safe for the person receiving them; and
- that delivery of enclosures does not cause undue inconvenience.
Section 10: Digital
Current code rules
Accessibility of contact information on digital media
- 10.1.2 You must make sure that your contact information is easy to find on your website.
- 10.1.6 You must make sure all information about how you collect and use personal data is easily accessible from the website’s home page and any page which collects personal data.
Indicative change to code rules
Accessibility of contact information on digital media
- Rule A.A.A: You must make sure that your contact details and information about how you process personal data is easily accessible on any online content where you collect personal data.
Section 11: Events
Current code rules
Health and safety at events
- 11.2.2 You must make sure that health and safety arrangements (for example, medical cover and evacuation arrangements) are appropriate for the event and the country it will be held in.
- 11.2.4 You must be clear who (for example, you or the building owner) is insuring against which risk.
- 11.6.3 If you plan a fundraising event, you must have a plan to cover all situations you could reasonably anticipate, and make sure the people involved understand exactly what you expect of them.
As well as the standards in section 7 Professional fundraisers, commercial participators and partners, the following standards apply to fundraising events organised by third parties.
- 11.10.1 You must have an agreement with the event organiser, which sets out specific responsibilities and risk.
Indicative change to code rules
Health and safety at events
- Rule A.A.A: You must ensure appropriate risk and health and safety arrangements are in place for your event, and it is clear who (for example, you or the building owner) is insuring against which risk.
- Rule A.A.B: If the event is organised by a third-party fundraiser, you must have an agreement in place which sets out specific responsibilities and risk.
Section 12: Lotteries, prize competitions and free draws
Current code rules
Conducting prize draws
- 12.4.1 The draw must be witnessed and you should make a record of the result.
- 12.4.2 You must include all paid-for, valid ticket entries in the draw.
- 12.4.3 If you are going to transfer late entries to the next draw, you must be clear about this when you sell the ticket.
- 12.4.4 If, for any reason, the draw date needs to be delayed from that shown on the ticket, you must take all reasonable steps to make sure that everyone who has bought a ticket knows about the change, and you must discuss it with the issuer of the licence.
Indicative change to code rules
Conducting prize draws
- Rule A.A.A: You must include all valid ticket entries in the draw and the draw must be witnessed and the result recorded.
- Rule A.A.B: If you plan to transfer late entries to the next draw or need to delay the draw date for any reason, you must take all reasonable steps to inform everyone who has bought a ticket.
For more information about prize draw marketing, see the ASA’s guidance on Promotional marketing.
Section 13: Grant making bodies (including trusts and foundations)
Current code rules
Fundraising with grants
- 13.4.1 If you want to spend a grant in a different way to what was originally planned, you must first get the grant-making body’s approval in writing, if that is a condition of the grant-making body’s funding.
- 13.4.2 You must closely follow reporting guidelines and requirements if they form conditions under a grant contract.
- 13.4.3 If there are likely to be serious problems with the funded work, you must tell the grant-making body as soon as possible, and keep them informed as the matter develops. You must follow any requirements in the contract relating to this.
Indicative change to code rules
Fundraising with grants
- Rule A.A.A: You must abide by the conditions of the grant-making body’s funding. If you want to spend a grant in a different way to what was originally planned, or there are likely to be serious problems with the funded work, you must keep the grant-making body informed, and get written approval for any changes.
Section 14: Payroll giving and post-tax salary donations
Current code rules
Payroll-giving
- 14.1.1 If, as a payroll-giving agency, you use fundraisers who fall within the legal definition of a professional fundraiser to promote payroll-giving schemes to employees, you must have a written agreement in place and make sure that the fundraisers make the necessary solicitation statements.
- 14.1.2 If you are a professional fundraiser, you must make sure that information relating to new donors is processed and passed to the charitable institution as soon as possible.
- 14.1.3 If you are a professional fundraiser representing more than one charity, you must make sure they are all represented in a completely neutral way.
Indicative change to code rules
Payroll-giving
- Rule A.A.A: Professional fundraisers, must make sure that:
- information relating to new donors is processed and passed to the charitable institution as soon as possible; and
- if you represent more than one charity, they are all represented in a completely neutral way.
Organisations using professional fundraisers to promote payroll-giving schemes to employees are legally required to have a written agreement in place and ensure fundraisers make the necessary solicitation statements.
For more information about professional fundraisers and solicitation statements, see section 7.4. on Solicitation (disclosure) statements for paid third-party fundraisers and commercial participators.
Section 15 Legacies
Current code rules
Conduct with potential legacy donors
- 15.3.3 You must not hold individual face-to-face meetings in a potential testator’s home to discuss legacies without that person having first had the opportunity to refuse the meeting.
- 15.3.4 In all visits to people who might consider leaving a legacy to you in their will, you must make sure that your fundraiser:
- accepts the person’s right to invite other people of their choice to be present at any stage of the meetings;
- reminds the person of the purpose of the visit;
- makes sure that the meeting is carried out in a way and at a length that is sensitive to and suits their interests and concerns;
- accepts the person’s right to end the meeting at any time, and does this promptly and politely; and
- makes and keeps attendance notes of meetings and communications with the person on file.
- 15.3.5 In all visits to people who might consider leaving a legacy to you in their will, you must make sure that your fundraiser does not act in any way that a reasonable person might judge to be threatening or as putting undue pressure or influence on the person.
Indicative change to code rules
Conduct with potential legacy donors
- Rule A.A.A: You must behave respectfully towards people who might consider leaving a legacy to you in their will.
As part of this, you must make sure that your fundraisers:- do not act in a way which could be considered unreasonably pressurising;
- carry out meetings in a suitable and purposeful way, which is sensitive to the person’s interests and concerns;
- keep a record of all meetings and communications with the person; and
- accept the person’s right to
- invite other people of their choice to all meetings;
- decline a meeting; or
- end a meeting at any time.
For more information about treating donors fairly, see section 1 on Behaviour when fundraising.