Section 5

Please provide any comments you have on the redrafted code rules below. You can comment on as many rules as are relevant to you. You can also save your responses and return to them later.

You can see how rules in the current code relate to the redrafted code in the Table of Changes.

The supporting documents include Code Compliance Guides which will help you understand how to meet the requirements of the redrafted code, and a Glossary with definitions of specific terms in the redrafted rules. CCG02: Due Diligence and Fundraising is relevant to Section 5.

5. Volunteers

This section contains standards on working with volunteer fundraisers where their activity is known to your organisation. The code distinguishes between 'in-aid-of'; and 'on-behalf-of' volunteer fundraisers. For more information about the different kinds of volunteer fundraising arrangements, please see our guidance on working with volunteer fundraisers.

Some 'in-aid-of' volunteers may fall within the definition of a commercial participator, in which case Section 7 Fundraising Partnerships will also apply to these volunteers.

Preventing unauthorised fundraising

The Charities Act 1992 and Charities and Trustee Investment (Scotland) Act 2005 give charitable institutions the right to apply for a court order to prevent unauthorised fundraising if:

• any person is using fundraising methods that the charitable institution objects to;

• the charitable institution believes that a person is not a fit and proper person to raise funds on their behalf; or

• the charitable institution does not want to be associated with a particular promotion.

5.1. Standards that apply to all volunteers

Further guidance on volunteer expenses

• National Council of Voluntary Organisations (NCVO): Paying volunteer expenses

• In Northern Ireland: Volunteer Now: Guidelines for providing volunteers' out of pocket expenses and claim form

5.2. Specific considerations when working with ‘on-behalf-of’ volunteers

Legal requirements for conducting due diligence checks

The governing bodies of charitable institutions have a general legal duty to safeguard their beneficiaries and their reputation. The Charity Commission of England and Wales (CCEW) expects charity trustees to carry out appropriate checks to ensure that people working for or representing the charity are suitable. All staff and volunteers over 16 can be asked for a basic DBS check and any role which involves contact with children or vulnerable adults should be considered for a higher-level DBS check.

The Rehabilitation of Offenders Act 1974, the Police Act 1997 and secondary legislation made under these Acts describe the requirements which govern a person's eligibility for different levels of disclosure and barring (DBS) checks. These are linked to the role or activities the person will be performing. You must only request checks where you are legally allowed to do so, using The Disclosure and Barring Service (in England and Wales), Disclosure Scotland or Access NI (Northern Ireland).

Under the House to House Collections Act 1939, where volunteers are carrying out house-to-house collections on your behalf, you are legally required to exercise due diligence to ensure that each volunteer is a 'fit and proper person'.

Further guidance for conducting due diligence checks

Cabinet Office: National exemption order scheme

National Council for Voluntary Organisations (NCVO): Disclosure and barring service (DBS)