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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 8.

8. Public Fundraising

This section covers collections of money or other property (including goods and regular gifts) for charitable institutions, whether carried out on the street, door-to-door or on private sites. This includes secure collection procedures and standards to make sure you respect people and places.

The law on collecting money or other property varies according to how and where the collection takes place. In most cases, for collections on public land you will need a licence or permission to collect from the relevant licensing authority (or in Northern Ireland, the Police Service of Northern Ireland). On private land, you will need permission from the person responsible for the site.

8.1 Behaviour when collecting money or other property

In this section, ‘you’ means a charitable institution or third-party fundraiser.

8.1.1

While fundraising you must behave in a way which reflects well on the charitable institution and fundraising in general.

For example, you must not act in a way that:

  • could reasonably cause anxiety or upset potential donors;

  • is dishonest, manipulative, or attempts to make potential donors feel guilty; or

  • could damage the reputation of a charitable institution or fundraising in general, this includes:

    • using inappropriate language or lewd or aggressive behaviour;

    • smoking, vaping, drinking alcohol etc.; and

    • exploiting your position for personal gain.


8.1.2

You must be clear and honest about your intention to fundraise when approaching potential donors.

For example, if you are fundraising you must not say that a conversation is "not about fundraising", or that there is "no commitment" if you are asking for regular gifts.


8.2 Street and private site collections 

In this section, ‘you’ means a charitable institution or third-party fundraiser.

8.2.1

You must avoid approaching the public at unsuitable moments. For example, when they are:

  • Queueing or seated - unless they are at your promotional stand or waiting to take part in your fundraising activity;

  • Clearly working or carrying out official duties


The "three-step" rule:

If you have approached a member of the public, you must:

  • Not take more than three steps alongside or follow them; and

  • If they have not come to a stop within the three steps allowed, you must end your attempt to talk to them.

If you have successfully started a conversation with a person, you can take more than three steps to escort them to a promotional stand, or to a different part of a promotional stand.

8.2.2

You must treat the locations where you are fundraising with respect and must not leave bags or other property 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.

For private site collections, this includes:

  • working within one metre of the promotional stand (or equivalent). The promotional stand must be no more than one metre away from the shopfront.

If this goes against any conditions included in an agreement with the relevant site owner or manager, the site agreement will apply.

8.2.3

You must conduct street fundraising at appropriate times. These are:

  • Between 9am and 7pm Monday to Saturday.

  • Between 10am and 7pm on a Sunday or a public holiday.

If different times are stated in a Chartered Institute of Fundraising (CIoF) site management agreement, you must keep to the times in the agreement.


8.3 Door-to-door fundraising

In this section, ‘you’ means a charitable institution or third-party fundraiser.

8.3.1

You must not carry out collections at properties where residents have made it clear they do not wish to be disturbed. This includes:

  • A sign reading "no cold callers" or similar; and

  • A group of properties in a "no cold calling zone".


Further guidance

CIoF: No cold calling zones and stickers

8.3.2

You must approach properties and residents respectfully. This includes:

  • Taking extra care when visiting properties after dark or in isolated locations;

  • Not approaching properties in groups of more than two at a time;

  • Only knocking on the front door or main entrance unless a resident asks otherwise;

  • Only entering a property with express permission from a resident;

  • Not using permission from one resident to enter a multi-property building as permission to approach other properties within that building;

  • Not stopping residents from shutting a door (e.g. by putting your foot in the doorway);


8.3.3

You must conduct door-to-door collections at appropriate times. Unless your licence or an exemption order says otherwise, these are:

  • Between 9am and 9pm Monday to Saturday.

  • Between 10am and 9pm on a Sunday or a public holiday.

If your collection requires a second visit to a property, you can only do this outside the above times if you have permission from the resident.


8.4 Licences, Permissions and Identifying Fundraisers

In this section, ‘you’ means a charitable institution or third-party fundraiser.

8.4.1

You must ensure you have appropriate permissions before starting your fundraising activities and ensure that your activities meet the requirements of the licence, permit, exemption order or permission which applies to your activities.


The requirements of licenses and permits vary, but, in general, you will be expected to:

  • Apply to the relevant authority in good time before the collection is due to take place;

  • Only fundraise on the permitted dates, at the permitted times and in the permitted areas;

  • Conduct appropriate due diligence on fundraisers;

  • Ensure fundraisers meet minimum age requirements; and

  • Provide the necessary official materials and appropriate authorisations to fundraisers.

Some licences and permits may also require you to provide the names and details of individual fundraisers in an area. 

More information on exemption orders can be found here.

8.4.2

You must ensure fundraisers are suitable for the work they are doing. This includes:

  • Carrying out appropriate due diligence; and

  • Ensuring fundraisers are at least the minimum age required to carry out the activity.


8.4.3

You must ensure fundraisers have the appropriate official materials and any necessary formal authorisation to carry out their fundraising. You must also keep a record of the issuing and return of your fundraising materials.


Legal Requirements for Collection Materials in Scotland

In Scotland, under Regulation 4 of The Public Charitable Collections (Scotland) Regulations 1984 organisers of collections are legally required to record:

  • The name and address of each collector as well as the number of collecting envelopes issued to them; or

  • The identification number marked on the collecting box given to each collector.

Identifying Fundraisers

8.4.4

You must ensure that fundraisers and vehicles used for fundraising activity can be clearly identified as representing your charitable institution.

Street fundraisers should be identifiable from at least five metres by clear visible branded clothing with the branding not obscured by dirt, other clothing etc.


8.4.5

You must ensure that your fundraisers have appropriate identification for the activity they are carrying out.

ID Badges

Under the code, ID Badges are not required for the following activities, but fundraisers should be clearly identifiable:

  • Distribution and collection of charity bags.

  • Cash collections by volunteer fundraisers.

  • Cash collections on private sites (unless required by the site owner).

Where ID Badges are required, they must be:

  • At least the size of a credit card;

  • Clearly displayed* and not tampered with; and

  • Accessible to people with sight difficulties.

*The badge must be clearly visible to the potential donor, which will usually mean on the upper front part of the fundraiser's body.

All ID Badges must contain the following:

  • the identity of the fundraiser;

  • a recent photograph of the fundraiser;

  • the name and contact details for the charitable institution they are collecting for*; and

  • a signature or other authorisation (e.g. a company stamp) from the charitable institution and/or the professional fundraiser employing the fundraiser.

*ID Badges for professional fundraisers must also include the name and contact details of the third-party employing the fundraiser

8.5 Unstaffed collections

In this section, ‘you’ means a charitable institution or third-party fundraiser.

Unstaffed collections offer a convenient method of donating money or other property without the need for a fundraiser to be present. However, it is important that potential donors have access to all the necessary information to make an informed donation. Unstaffed collection methods include:

  • Static cash collecting boxes.

  • Clothing and goods donation banks.

  • Charity bags distributed door-to-door.

  • Tap-to-donate and other automated collection methods, such as texting a dedicated number or using a QR code.

  • Donations added to transactions, for example by rounding-up a bill in a shop or restaurant.

  • Donation tools on a charitable institution's website.

Requests for donations through direct marketing are covered in Section 9 of the code.

Legal Requirements for Static Collecting Boxes

Part II of the Charities Act 1992 and Part 2 of the Charities and Trustee Investment (Scotland) Act 2005 outline the legal requirements when another organisation manages static collecting boxes on your behalf and they receive a payment or other benefit for this activity.

General Standards for Unstaffed Collections

8.5.1

You must ensure that unstaffed collections of money and other property display clear, accurate and up-to-date information about the collection. This includes:

  • The name of the charitable institution receiving the donation;

  • The institution's registration information (charity number and/or company number);

  • A way for potential donors to contact you;

  • Details of how any fundraising partners will be paid as part of the collection; and

  • The name, address, and contact details of the collector, if this is different from the charitable institution.

Charity bags should meet the standards set out in the Advertising Standards Authority (ASA)'s guidance Charitable door-to-door collection bags


8.5.2

You must ensure donors can easily find the following information about unstaffed collections:

  • Details of processing fees involved in the donation;

  • Details of any Secondary Purpose for which donations may be used; and

  • Any certificate of authority that is required for the unstaffed collection.

If space is limited and it is not practical to include this clearly alongside the unstaffed collection you should provide a short link directly to a webpage containing this information. If fees (including transaction fees) are charged on a per-donation basis for donating directly through a charitable organisation's website, you should make sure these fees, and how they are charged, are clear.


8.5.3

You must have written agreements in place with the person responsible for the site where an unstaffed collection is taking place. This must include:

  • Details of who is responsible for collecting and processing donations;

  • Details of how and when collections will be made;

  • Information on how the collector or the site owner can end the arrangement;

  • Details of how the site owner must report theft of donations or damage to the collection point.


Text Message Donations

8.5.4

You must use charity short codes when asking for donations by text message.


The Phone-Paid Service Authority (PSA) is the lead regulator for content, goods and services charged to a phone bill and provide guidance in this area. If you use premium-rate text messages for fundraising you may have to register with the PSA and meet their Code of Practice.

Round-ups and Automatic Donations

8.5.5

If a charitable institution is aware of an organisation offering a way to automatically add a donation to a transaction (such as rounding up a bill in a shop or restaurant) they must ensure the organisation gets active agreement from the donor.

When donors have agreed to make payments on a recurring basis, such as a bank account which includes a donation in every transaction, they will not need to opt in to every donation.


Charity Collection Bags

8.5.6

You must not distribute charity bags at properties where residents have made it clear they do not wish to receive them, for example with a sign reading "no charity bags" or similar.

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