Contents:
Current code
Changes
1.1. General behaviour
No change
1.1.1.
Your fundraising must be legal, open, honest and respectful.
No wording change, but bold "must" is now plain text
Added wording below rule:
"If you are found by another body to have broken the law while fundraising, this will be considered a breach of rule 1.1.1 and you may face regulatory action from the Fundraising Regulator."
1.1.2.
You must be polite to people at all times.
Combined with 1.2.1, 1.2.2 & 8.4.1 to make New Rule 1.1.2:
"You must take all reasonable steps to ensure your fundraising is conducted in a way that reflects positively on fundraising in general. This includes:
- Not unreasonably intruding on a person’s privacy;
- Not placing undue pressure on a person to donate;
- Not using unreasonably persistent approaches; and
- Accepting a request to end an interaction."
1.1.3.
You must not unfairly criticise or insult other people or organisations.
No change
1.1.4.
You must not encourage a donor to cancel or change an existing donation in favour of a donation to another charitable institution.
Reworded, New Rule 1.1.4:
"You must not encourage an existing or potential donor to cancel or change an existing donation in favour of a donation to another charitable institution."
1.2. Asking for support
Renamed: "Informing donors and treating people fairly"
1.2.1.
While reasonable persuasion is allowed, you must not fundraise in a way which is an unreasonable intrusion on a person’s privacy, is unreasonably persistent or places undue pressure on a person to donate.
Combined with 1.1.2, 1.2.2 & 8.4.1 to make New Rule 1.1.2
1.2.2.
You must not continue to ask a person for support if that person clearly indicates – by word or gesture – that they do not want to continue to speak to you. You must end the conversation in a polite way.
Combined with 1.1.2, 1.2.1 & 8.4.1 to make New Rule 1.1.2
1.3. Informing donors and treating people fairly
Incorporated into 1.2 "Informing donors and treating people fairly"
1.3.1.
You and the fundraising materials you use must not mislead anyone, or be likely to mislead anyone, either by leaving out information or by being inaccurate or ambiguous or by exaggerating details.
Combined with 2.7.4 to make New Rule 1.2.1:
Your fundraising must not mislead existing or potential donors. This includes:
- Leaving out information;
- Being inaccurate or ambiguous; or
- Exaggerating details.
For example, you must not claim a donation will be used for a restricted purpose (such as buying a piece of medical equipment, or helping a particular child) when it may be used for another purpose.
1.3.2.
Before you make any direct or implied claim in your fundraising which is likely to be taken literally, you must make sure that there is evidence to prove the claim.
Reworded, New Rule 1.2.3:
"Before you make any direct or implied claim in your fundraising which is likely to be taken literally, you must ensure you have appropriate evidence to support the claim."
1.3.3.
You must not take advantage of mistakes made by a donor.
No wording change, New Rule 1.2.4
1.3.4.
When talking about finances and financial benefits, you must tell donors that you are not in a position to offer formal financial advice.
Reworded, New Rule 1.2.5:
"When talking to existing or potential donors about the financial benefits of a donation, you must explain that you are not offering financial advice."
1.3.5.
Your fundraising must meet equality law as it applies in England, Wales, Scotland and Northern Ireland. You must not discriminate against people with characteristics protected under the law of these countries. You can get more information from the Equality and Human Rights Commission and the Equality Commission for Northern Ireland.
Replaced with signposting to legislation/guidance
1.3.6.
You must take all reasonable steps to treat a donor fairly, so that they can make an informed decision about any donation.
Reworded, New Rule 1.2.6:
"You must take all reasonable steps to treat existing or potential donors fairly, so that they can make an informed decision about any donation."
1.3.7.
You must take into account the needs of any possible donor who may be in vulnerable circumstances or need extra care and support to make an informed decision.
Combined with 1.3.9 & 1.3.10, New Rule 1.2.8:
"You must give due consideration to the needs of existing or potential donors who may be in vulnerable circumstances or need extra care and support to make an informed decision. This includes:
- Not accepting a donation if you know or have reason to believe a person is unable to make an informed decision to donate.
- Returning a donation if you discover that the donor was not able to make an informed decision at the time of the donation."
Added wording below rule:
"You are not expected to assess every existing or potential donor’s capacity to make an informed decision. The Chartered Institute of Fundraising (CIoF) provides guidance on Treating donors fairly."
1.3.8.
You must not exploit the trust, lack of knowledge, apparent need for care and support or vulnerable circumstance of any donor at any time.
Reworded, New Rule 1.2.7:
"You must not exploit the trust, lack of knowledge, apparent need for care and support, or vulnerable circumstances of an existing or potential donor at any time."
1.3.9.
You must not take a donation if you know, or have good reason to believe, that a person lacks capacity to make a decision to donate, or is in vulnerable circumstances which mean they may not be able to make an informed decision. Among other things, you should consider:
any physical or mental-health condition the person may have;
any disability the person may have;
any learning difficulties the person may have;
whether the person is facing times of stress or anxiety (for example, following the death of a loved one or redundancy);
whether a donation is likely to affect the person’s ability to sufficiently care for themselves or leave them in financial hardship;
how well the person can communicate and understand what they are being told;
whether the person is under the influence of alcohol or drugs; and
the person’s age.
Combined with 1.3.7 & 1.3.10, New Rule 1.2.8
1.3.10.
If a donor makes a donation while they do not have the capacity to make an informed decision, you must return the money to them.
Combined with 1.3.7 & 1.3.9, New Rule 1.2.8
1.3.11.
You must take all reasonable steps to avoid asking for regular donations (for example, by direct debit) from anyone aged under 18. Young people aged between 16 and 18 can take part in charity lotteries, but if you receive money for a lottery from a child or young person aged under 16 you must return the money.
Reworded, New Rule 1.2.9:
"You must take all reasonable steps to avoid asking for regular donations (for example, by direct debit) from anyone aged under 18."
Added wording below rule:
"Under Part 4 of the Gambling Act 2005, you are legally required to return money you receive from anyone under 16 for a charity lottery. "
New rules
1.2.2
When collecting donations for a specific purpose you must provide information about what will happen if the target amount is not reached or if it is exceeded.
Current Code
Changes
2.1. General duties
In this section, ‘you’ means the members of the governing body of a charitable institution.
Reworded:
2.1 General duties
In this section, ‘you’ means the governing body of a charitable institution.
2.1.1.
You must take overall responsibility for the fundraising activities of your charitable institution, including if you have delegated responsibility for certain roles to another person.
Combined with 2.1.2; 2.1.6; 2.1.8, 2.2.1, 2.8.2 & 2.8.3, New Rules 2.1.1; 2.1.2 & 2.1.3
New Rule 2.1.1:
"You must act reasonably and carefully in all matters relating to fundraising. This includes:
- Taking overall responsibility for fundraising activities, including those you have delegated;
- Following codes and guidance from relevant regulators;
- Taking appropriate advice;
- Considering the effect of controversial fundraising campaigns;
- Assessing and managing risks that fundraising poses to a charitable institution’s activities, beneficiaries,nproperty, work and reputation; and
- Meeting any reporting and accounting requirements that apply to a donation."
New Rule 2.1.2:
"You must take reasonable steps to ensure individuals fundraising on your behalf are protected from harm and harassment and have processes to let them raise and address such issues."
New Rule 2.1.3:
"You must engage constructively and in a timely manner with enquiries by the Fundraising Regulator or the Scottish Fundraising Adjudication Panel in relation to compliance with the Code and ensure your fundraising partners do the same."
2.1.2.
You must consider national guidance when overseeing the fundraising activities of your charitable institution and anyone else fundraising on its behalf.
Combined with 2.1.1; 2.1.6; 2.1.8, 2.2.1, 2.8.2 & 2.8.3, New Rules 2.1.1; 2.1.2 & 2.1.3
2.1.3.
You must act in the best interests of your charitable institution.
Combined with 2.1.4; 2.1.5; 2.1.7 & 2.5.1, New Rule 2.1.4
New Rule 2.1.4:
"You must be able to demonstrate that you have acted in the best interest of your charitable institution when fundraising. This includes:
- Identifying and addressing potential conflicts of interest;
- Ensuring donations are used for the purposes for which they are given;
- Making clear to people fundraising on your behalf that all donations must be sent to your charitable institution; and
- Ensuring that funds are used reasonably and sensibly in the interests of your charitable institution."
2.1.4.
You must be aware of possible conflicts between the duties you owe to your charitable institution and the duties or loyalties you have to others. You must follow your charitable institution’s conflicts procedures and disregard any other interests you have when making decisions relating to the organisation.
Combined with 2.1.3; 2.1.5; 2.1.7 & 2.5.1, New Rule 2.1.4
2.1.5.
You must make sure that your charitable institution’s assets and resources are used only for the purposes for which they were given (which may be all or just some of the institution’s purposes). If the charitable institution is a charity, you must make sure it is run in line with its governing document, charity law and all other laws and regulations that apply.
Combined with 2.1.3; 2.1.4; 2.1.7 & 2.5.1, New Rule 2.1.4
2.1.6.
You must act reasonably and carefully in all matters relating to fundraising. If you are not experts in fundraising, you must take appropriate advice.
Combined with 2.1.1; 2.1.2; 2.1.8, 2.2.1, 2.8.2 & 2.8.3, New Rules 2.1.1; 2.1.2 & 2.1.3
2.1.7.
You must make it clear to all people fundraising on your behalf that they must make sure that your charitable institution receives all the money they have raised.
Combined with 2.1.3; 2.1.4; 2.1.5 & 2.5.1, New Rule 2.1.4
2.1.8.
You must consider the effect of controversial fundraising campaigns on the charitable institution’s reputation.
Combined with 2.1.1; 2.1.2; 2.1.6, 2.2.1 & 2.8.3, New Rules 2.1.1; 2.1.2 & 2.1.3
Further considerations specifically for charity trustees in Scotland
2.1.9.
You must meet the Charities and Trustee Investment (Scotland) Act 2005 and any regulations made under it or which affect charities. In particular:
you must follow the charity’s governing document and the charity trustee duties under section 66 of the 2005 Act; and
you must act in the interests of your charity, make sure you act in a way which is consistent with your purposes, and act with the ‘care and diligence’ that it is reasonable to expect of a person who is managing the affairs of another person.
Replaced with signposting to legislation/guidance
Further considerations specifically for charity trustees in Northern Ireland
The duties and responsibilities trustees have with regard to fundraising all fall under the general duties of charity trustees to be responsible and accountable for their charity and to act at all times in the best interests of the charity, with an overall duty to control and protect the charity, its beneficiaries, assets and reputation.
Replaced with signposting to legislation/guidance
2.2. Risk assessment
In this section, ‘you’ means the members of the governing body of a charitable institution.
Subsection removed
2.2.1.
You must take reasonable steps to assess and manage any risks fundraising poses to your charitable institution’s activities, beneficiaries, property, work and reputation.
Combined with 2.1.1; 2.1.2; 2.1.6, 2.1.8, 2.8.2 & 2.8.3, New Rules 2.1.1; 2.1.2 & 2.1.3
2.2.2.
You must meet the Proceeds of Crime Act 2002, which applies to money or other property that has been gained through criminal behaviour, even if the behaviour is legal in another country.
Replaced with signposting to legislation/guidance
2.2.3.
You must meet any legal obligations to protect the health and safety of employees, volunteers, the public and anyone else who might reasonably be considered to be affected by your charitable institution’s fundraising activities. For more information, see the websites of the Health and Safety Executive and Health and Safety Executive Northern Ireland.
Replaced with signposting to legislation/guidance
2.3.
Accepting, refusing and returning donations
In this section, ‘you’ means the governing body of a charitable institution. You must make those fundraising on your behalf aware that decisions relating to refusing or returning a donation must be made by you or in line with a policy you have set.
Subsection renumbered:
2.2 Accepting, Refusing and Returning Donations
In this section, ‘you’ means the governing body of a charitable institution.
2.3.1.
You must not refuse or return donations, except in exceptional circumstances.
Combined with 2.3.2, New Rule 2.2.1
"You must only refuse or return donations in exceptional circumstances. If you decide to refuse or return a donation you must document your decision appropriately."
Added wording below rule:
"You must ensure those fundraising on your behalf are aware that decisions relating to refusing or returning a donation must be made by you or in line with a policy you have set."
2.3.2.
If you decide to refuse a donation, you must keep a record of your decision and the reasons for it.
Combined with 2.3.1, New Rule 2.2.1
2.3.3.
You must carry out due diligence, appropriate for the size and nature of the donation, on both the financial and reputational dealings of possible partners before accepting their donations.
Reworded, New Rule 2.2.2:
"You must carry out appropriate due diligence, proportionate to the size and nature of the donation, on both the financial and reputational dealings of potential donors before accepting their donations."
2.3.4.
You must only refund donations in line with your charitable institution’s policies or in exceptional circumstances. If it is unclear whether or not you should give a refund, consider getting legal advice.
Combined with Rule 2.3.5, New Rule 2.2.3:
"You must only refund a donation in line with your charitable institution’s policies or in exceptional circumstances. However, you must refund a donation if a donor correctly exercises their right to one."
Added wording below rule:
"Before you refund a donation, you must make sure you have power to do this. If it is unclear whether or not you should refund a donation, consider getting legal advice."
2.3.5.
You must give a refund if a donor correctly exercises their right to one.
Combined with 2.3.5, New Rule 2.2.3
2.4. Complaints and concerns about fundraising
In this section, ‘you’ means a charitable institution and the members of its governing body.
Subsection renumbered:
2.3 Complaints and concerns about fundraising
In this section, ‘you’ means the members of the governing body of a charitable institution.
2.4.1.
You must have a clear and publicly available complaints procedure which must also apply to third-party fundraisers.
Combined with 2.4.2; 2.4.3; & 2.4.4, New Rules 2.3.1 & 2.3.2
New Rule 2.3.1:
"You must have a clear and publicly available fundraising complaints procedure which fundraisers can explain to existing or potential donors."
Added wording below rule:
"If your fundraising partners do not have a suitable clear and publicly available complaints procedure of their own, they must agree to follow yours."
New Rule 2.3.2:
"When you or a fundraising partner receive complaints about your fundraising you must:
- Investigate thoroughly and fairly;
- Respond fairly and proportionally;
- Avoid unnecessary delay;
- Regularly review lessons to be learnt from complaints and use relevant learning to develop good fundraising practice in the future."
2.4.2.
You must make sure fundraisers can explain to members of the public how to make a complaint.
Combined with 2.4.1; 2.4.3; & 2.4.4, New Rules 2.3.1 & 2.3.2
2.4.3.
You must make sure that:
complaints are investigated thoroughly and fairly to find out the facts of the case, avoiding unnecessary delay; and
you respond to complaints fairly and in a way that is in proportion to the complaint.
Combined with 2.4.1; 2.4.2; & 2.4.4, New Rules 2.3.1 & 2.3.2
2.4.4.
You must regularly review any lessons to be learnt from complaints and use that learning to help you with future fundraising activity.
Combined with 2.4.1; 2.4.2; & 2.4.3, New Rules 2.3.1 & 2.3.2
2.4.5.
You must have a clear and published procedure for members of staff and volunteers to report any concerns they have about your fundraising practice. This could be either a stand-alone policy or part of a wider whistleblowing policy which is available to staff and volunteers. You must make sure the policy includes:
the type of issues that can be raised and the process for doing so;
how the person raising a concern will be protected from victimisation and harassment;
what you will do when you receive a concern; and
how a person can report their concerns to us (the Fundraising Regulator) or the Scottish Fundraising Adjudication Panel if it is not possible for it to be considered or resolved within your charitable institution.
Reworded, New Rule 2.3.3:
"You must have a clear, published procedure explaining how staff and volunteers can report any concerns they have about your fundraising practice. You must ensure this includes:
- The type of issues that can be raised and the process for doing so;
- How the person raising a concern will be protected from victimisation and harassment;
- What you will do when you receive a concern; and
- How to report concerns to the Fundraising Regulator or the Scottish Fundraising Adjudication Panel if it is not possible to consider or resolve them within your charitable institution."
2.5. Paying fundraisers
In this section, unless we say otherwise, ‘you’ means a charitable institution and the members of its governing body.
Subsection renumbered:
2.4 Paying fundraisers
In this section, ‘you’ means the members of the governing body of a charitable institution.
2.5.1.
You must use all funds reasonably and sensibly in the interests of your charitable institution. This involves making sure that what you pay your fundraisers is proportionate to the benefit you reasonably expect to gain from their work.
Combined with 2.1.3; 2.1.4; 2.1.5 & 2.1.7, New Rule 2.1.4
2.5.2.
You must not pay fundraisers excessive amounts. Where appropriate, you must put a cap on how much you pay fundraisers or use a reducing sliding scale to avoid excessive pay.
Combined with 2.5.3; 2.5.4 & 2.5.5, New Rule 2.4.1:
"You must give due consideration to the approach you choose for paying fundraisers and whether this fits the ethos and values of your charitable institution."
2.5.3.
You must have effective systems in place for managing performance and recognising the effect the payment method can have on the fundraiser, you, the beneficiaries and the public.
Combined with 2.5.2; 2.5.4 & 2.5.5, New Rule 2.4.1
2.5.4.
You must not use commission payments unless:
you have explored and exhausted all other sources of fundraising investment;
you (or senior executives, if you have delegated power to them) approve any payments; and
there are measures in place to make sure excessive payments are not allowed.
Combined with 2.5.2; 2.5.3 & 2.5.5, New Rule 2.4.1
2.5.5.
You must monitor commission payments to make sure that they continue to strike a balance between reducing risk and encouraging fundraisers effectively.
Combined with 2.5.2; 2.5.3 & 2.5.4, New Rule 2.4.1
2.5.6.
If you directly employ people to fundraise, you must make sure that the method of payment you choose meets the Employment Rights Act 1996 (in Northern Ireland The Employment Rights (Northern Ireland) Order 1996), and you must meet the minimum wage rules set out in the National Minimum Wage Act 1998.
Replaced with signposting to legislation/guidance
2.5.7.
You must make sure that professional fundraisers, commercial participators and, where this applies, your own staff give solicitation statements when they ask for donations on behalf of your charitable institution.
Combined with 2.6.1; 2.6.2 & 2.6.3,New Rules 2.5.1 & 2.5.2
2.5.8.
If you are a charity trustee, you must not be paid for fundraising for your charity unless you meet specific conditions which depend on the country you are based in.
Replaced with signposting to legislation/guidance
2.6. Solicitation statements for paid employees, officers and trustees of charitable institutions and connected companies
In this section 'you' means the paid employees, officers and members of the governing body of a charitable institution or connected company.
Subsection renumbered:
2.5 Solicitation statements for paid employees, officers and trustees of charitable institutions and connected companies
In this section, ‘you’ means the members of the governing body of a charitable institution.
England and Wales
2.6.1.
If you are carrying out a public charitable collection, and are paid more than £10 per day or more than £1000 per year to collect donations for the benefit of one or more charitable institutions and are not a professional fundraiser, you must make a statement saying:
the name of the charitable institution or institutions which will benefit and, if there is more than one, the proportions in which they will benefit;
that you are an officer, employee or member of a governing body of a charitable institution; and
that you are receiving payment as an officer, employee or member of a governing body, or for acting as a collector. You do not have to say how much you receive.
Combined with 2.5.7; 2.6.2 & 2.6.3, New Rules 2.5.1 & 2.5.2
New Rule 2.5.1:
"You must ensure solicitation statements are clear, accurate, and up to date."
New Rule 2.5.2:
"You must ensure solicitation statements are made either before a donation is given, or before asking for financial details for a donation (whichever is sooner)."
2.6.2.
You must make the statement either before the donor gives any money or before you ask for any financial details relating to the donation (whichever is sooner).
Combined with 2.5.7; 2.6.1 & 2.6.3, New Rules 2.5.1 & 2.5.2
2.6.3.
If you ask for a donation for general charitable, benevolent or philanthropic purposes (not for a specific named charitable institution), you must make a similar statement that you are being paid for those general purposes.
Combined with 2.5.7; 2.6.1 & 2.6.2, New Rules 2.5.1 & 2.5.2
Northern Ireland
2.6.4.
You must follow the same standards as in England and Wales.
Replaced with signposting to legislation/guidance
2.7. Using funds
In this section, ‘you’ means the members of the governing body of a charitable institution.
Subsection renumbered:
2.6 Using Funds
In this section, ‘you’ means the members of the governing body of a charitable institution.
2.7.1.
You must use all funds raised for a particular cause for that cause.
Combined with 2.7.2; 2.7.5 & 2.7.6, New Rule 2.6.1
New Rule 2.6.1:
"You must ensure any conditions on accepting a donation, set by you or the donor, are within the purposes of your charitable institution."
2.7.2.
You must make sure that donations are used to support the cause in line with any conditions attached to the donation. This may be conditions the donor sets when making the donation or representations you make (either verbally or in fundraising materials) about how the money will be used.
Combined with 2.7.1; 2.7.5 & 2.7.6, New Rule 2.6.1
2.7.3.
You must keep a record of donations that are given for specific purposes to make sure that you keep to the conditions of the donation.
No wording change, New Rule 2.6.2
2.7.4.
You must make sure that you do not suggest money is for a restricted purpose (such as buying a goat, or helping a particular child) when it may be used for a different purpose or for the general purposes of a charitable institution.
Combined with 1.3.1 to make New Rule 1.2.1
2.7.5.
If you are fundraising for a particular purpose, you must include a statement saying what will happen to funds you receive if the total amount raised is not enough to reach (or is more than) the target.
Combined with 2.7.1; 2.7.2 & 2.7.6, New Rule 2.6.1
2.7.6.
You must not ask for funds for a purpose that does not fit within the purposes of your charitable institution.
Combined with 2.7.1; 2.7.2 & 2.7.5, New Rule 2.6.1
2.7.7.
If you encourage someone to donate by offering benefits, you must make sure:
you have the power to give the benefits;
the benefits are appropriate in the circumstances; and
the benefits are proportionate to the size and frequency of the donation.
No wording change, New Rule 2.6.3
2.7.8.
You must be aware when benefits cancel out possible tax relief such as Gift Aid or top-up payments available under the small-donation rules. If benefits do prevent the donation qualifying under Gift Aid or the Gift Aid Small Donations Scheme rules, you must not try to reclaim tax on the donation. The tainted-donations rules may apply to some benefits.
Replaced with signposting to legislation/guidance
2.8. Accounting and reporting
In this section, ‘you’ means a charitable institution and its governing body.
Subsection removed
2.8.1.
You must follow all legal accounting requirements.
Replaced with signposting to legislation/guidance
2.8.2.
If you are a charity that the Charity Statement of Recommended Practice (SORP) applies to, you must follow it in your accounting and reporting.
Combined with 2.1.1; 2.1.2; 2.1.6, 2.1.8, 2.2.1 & 2.8.3, New Rules 2.1.1; 2.1.2 & 2.1.3
2.8.3.
You must meet any specified reporting requirements if they apply to a donation.
Combined with 2.1.1; 2.1.2; 2.1.6, 2.1.8, 2.2.1 & 2.8.2, New Rules 2.1.1; 2.1.2 & 2.1.3
Further considerations England and Wales
2.8.4.
If you are a charity and you have to have your accounts audited under section 162A of the Charities Act 2011, under section 13 of the Charities (Protection and Social Investment) Act 2016 you must state in your trustee annual report:
your approach to fundraising, and whether you used a professional fundraiser or commercial participator;
details of any voluntary regulatory fundraising schemes or standards which you or anyone fundraising on your behalf has agreed to;
details of any circumstances where you have failed to keep to a scheme or standard;
whether, and if so how, you monitored fundraising activities carried out on your behalf;
how many complaints you or anyone acting on your behalf has received about fundraising for your charity; and
what you have done to protect vulnerable people and others from unreasonable intrusion on their privacy, unreasonably persistent approaches or undue pressure to give, in the course of or in connection with fundraising for your charity.
Replaced with signposting to legislation/guidance
Current Code
Changes
3.1. General requirements for personal data
In this section, ‘you’ means a charitable institution or third-party fundraiser who processes personal data.
Reworded:
3.1. Direct Marketing and Processing Personal Data
In this section, ‘you’ means a charitable institution or third-party fundraiser.
3.1.1.
You must meet all legal requirements relating to data protection, including:
the Data Protection Act 2018;
the General Data Protection Regulation (GDPR); and
the Privacy and Electronic Communications (EC Directive) Regulations (PECR) 2003, including the requirements of the Telephone Preference Service (TPS), and any revisions to e-privacy legislation that result from the European Commission’s review of PECR that began in 2017.
Replaced with signposting to legislation/guidance
3.1.2.
You must keep up to date with guidance from the ICO. This includes the ICO’s direct marketing guidance, its GDPR consent guidance and legitimate interests guidance.
Rule removed - covered in general requirements of New Rule 2.1.1
3.1.3.
If you process personal data, you must pay the data protection fee to the ICO, unless you are exempt.
Replaced with signposting to legislation/guidance
3.1.4.
When processing personal data (including information that is available to the public) for any purpose, you must:
have a lawful basis (a valid legal reason) for collecting, using and keeping the personal data (for more information on the grounds (or ‘conditions’) for processing personal data, see articles 6 and 9 of the GDPR);
give people concise, open, understandable and easily accessible information about how you will process their personal data, including who your organisation is, what you are going to do with their personal data and who (if anyone) you will share it with;
only process personal data in ways that the person whose data it is would reasonably expect; and
not do anything unlawful with personal data.
Replaced with signposting to legislation/guidance
3.1.5.
You must meet any duties you have to keep data confidential. You must not share data if you have a legal duty to keep the data confidential, unless there is an overriding legal reason to do so. For example, if a court ordered you to release the data.
Replaced with signposting to legislation/guidance
3.2. Storing and maintaining personal data
In this section, ‘you’ means a charitable institution or third-party fundraiser.
Combined with Sub-Section 3.1. Direct Marketing and Processing Personal Data
3.2.1.
You must make sure that all materials, in particular filled-in donor forms, are stored securely and in line with your obligations under data protection law.
Replaced with signposting to legislation/guidance
3.2.2.
You must make sure that data you keep about donors is accurate and reflects their communication preferences, and only keep it for as long as is necessary for:
the purpose or purposes you are processing it for;
purposes compatible with these stated processing purposes; or
a purpose that is allowed by law and is in the public interest.
Replaced with signposting to legislation/guidance
3.2.3.
You must be able to show that you have taken all reasonable steps to make sure that:
databases are accurate and, where necessary, up to date;
you don’t send direct marketing to people who have told you they don’t want to receive it; and
you stop sending communications addressed to people you know have died.
Combined with 3.2.4, New Rule 3.1.1:
"You must have appropriate systems and procedures in place to ensure that:
- you do not send direct marketing to people who have told you they do not want to receive it;
- you stop sending communications to people you know have died;
- databases are accurate and, where necessary , kept up to date; and
- you comply with your obligations under data protection legislation"
3.2.4.
You must have appropriate systems or procedures in place (such as a list of people not to contact) to make sure that you do not send direct marketing to people who have asked not to receive it.
Combined with 3.2.3, New Rule 3.1.1
3.2.5.
You must either stop sending direct marketing to a person within a reasonable period (as soon as possible, but in any case within 28 days) or not begin to process a person’s personal data for the purpose of sending them direct marketing if you receive notice from, or on behalf of, that person telling you that they don’t want to receive direct marketing. For example:
a notice from (or sent on behalf of) a person through the Fundraising Preference Service telling you that a request to stop contact has been made; or
any other clear indication from a person (or made on their behalf) that they do not want you to contact them for direct marketing purposes. This indication may include giving you their contact preferences or unsubscribing from mailing lists.
Replaced with signposting to legislation/guidance
3.3. Sharing and selling personal data
In this section, ‘you’ means a charitable institution or third-party fundraiser.
Combined with Sub-Section 3.1. Direct Marketing and Processing Personal Data
3.3.1.
You must not share personal data with any other organisation unless you have a lawful basis to share it and can prove that you meet the processing requirements in section 3.1 above.
Combined with 3.3.4, New Rule 3.1.5:
"You must not sell a person’s personal data to nor share it with any other organisation unless you can show you have that person’s freely given, specific, informed, and unambiguous consent to do so."
Added wording below rule:
"If you are sharing personal data for fundraising or direct marketing purposes, the ICO expects you to tell the person concerned the name of any third party you are sharing their personal data with."
3.3.2.
If personal data is shared between organisations:
within a federated structure (in other words, where one organisation controls the other or where both are controlled by the same parent organisation); or
under a data-processing arrangement (where one organisation acts on behalf of another organisation under a written contract, such as professional fundraisers, data-management companies or printing houses);
the organisational structure or arrangement and the reason for processing the data must be clear in the privacy information you give to the person in order to meet their right to be informed. Or, if the organisation receiving the data needs the person’s consent (permission) to hold and use their data, the organisation or category of organisation receiving the information must be named in the request for consent, and the organisation sending the request for consent must receive the person’s specific consent for their data to be shared.
Replaced with signposting to legislation/guidance
3.3.3.
You must not share a person’s personal data with any other organisation for that organisation’s marketing purposes unless you are allowed to do so by law, either because you have the person’s consent to do so or through the exceptions in 3.3.2.
Replaced with signposting to legislation/guidance
3.3.4.
You must not sell a person’s personal data to any other organisation, unless you can show that you have that person’s freely given, specific, informed and unambiguous consent to sell their data.
Combined with 3.3.1, New Rule 3.1.5
3.4. Case studies
In this section, ‘you’ means a charitable institution or third-party fundraiser.
Subsection removed
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.
Combined with 3.4.1; 9.1.8 & 15.3.2, New Rules 9.1.4 & 9.1.5
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.
Combined with 3.4.2; 9.1.8 & 15.3.2, New Rules 9.1.4 & 9.1.5
3.5. Direct marketing
In this section, ‘you’ means a charitable institution or third-party fundraiser.
Combined with Sub-Section 3.1. Direct Marketing and Processing Personal Data
3.5.1.
You must have a lawful basis for processing personal data in order to send direct marketing communications to people.
The standards on ‘consent’ and ‘legitimate interest’, the two most common lawful bases for processing personal data in order to send direct marketing communications, are set out below.
Replaced with signposting to legislation/guidance
Consent for direct marketing communications
3.5.2.
If you use, or plan to use, consent as a lawful basis for processing personal data in order to send direct marketing communications, the consent must:
be a freely given, specific, informed and unambiguous indication of the person’s wishes;
be given through a clear positive action from the person concerned to show they have given consent (for example, using active methods, such as ticking an unticked opt-in box or answering ‘yes’ to a question);
give options for different levels of consent for different types of processing if you plan to process the person’s data for more than one purpose;
be separate from your other terms and conditions and not be something the person has to give when signing up to a service (unless you need the consent to be able to provide that service);
name your organisation and any others who will be relying on the consent;
tell people about their right to withdraw their consent and make it as easy for them to withdraw consent as it is to give it; and
be recorded in a way that allows your organisation to show who gave consent, when they gave consent, how they gave consent, and what they were told in connection with giving consent.
Replaced with signposting to legislation/guidance
3.5.3.
Electronic requests for consent must be clear and concise and must not unnecessarily disrupt the use of the service the consent is for. For example, you can achieve this by breaking a longer privacy notice into shorter pieces of privacy information which pop up only at the point where a person is asked for their personal data.
Replaced with signposting to legislation/guidance
3.5.4.
If you have a person’s consent to send them direct marketing communications, you:
must offer them an easy way to withdraw their consent (such as an ‘unsubscribe’ button in any communications you send);
must, as often as your organisation reasonably decides, remind the person of their contact preferences and offer them an easy way to change these if they want to (such as an ‘update your communication preferences’ button); and
must update the person’s record as necessary to reflect changes to their consent or contact preferences.
Combined with 3.5.5 & 3.5.6, New Rules 3.1.2 & 3.1.3:
New Rule 3.1.2:
"If you have a person’s consent to send them electronic direct marketing, you must:
- offer an easy way for them to withdraw consent (such as an “unsubscribe” link in emails); and
- remind them of their contact preferences and offer an easy way to change these (such as an “update marketing preferences” link)."
New Rule 3.1.3:
"You must ensure consent statements included in your fundraising materials are clear, easy to read, and suitably prominent."
3.5.5.
You must make sure that all consent statements (wording to gain consent for marketing purposes) displayed in your fundraising materials are at least the same font size as:
any text which asks for personal data; or
any text which states the donation amount;
whichever is bigger.
Combined with 3.5.4 & 3.5.6, New Rules 3.1.2 & 3.1.3
3.5.6.
If there is no text asking for personal details or stating the donation amount, your consent statements must be in a font size of at least 10.
Combined with 3.5.4 & 3.5.5, New Rules 3.1.2 & 3.1.3
Legitimate interest as a basis for direct marketing communications
3.5.7.
If you are using legitimate interest as the basis for processing data for the purpose of direct marketing by live phone call or by post, you must be able to show that you:
have identified a legitimate interest (under ICO guidance, this may be your organisation’s own interest or the interest of third parties and may include commercial interests, individual interests and broader benefits to society);
need to process the data to achieve that interest (under ICO guidance, if the same result can reasonably be achieved in another, less intrusive way, legitimate interests will not apply); and
have balanced your interest in processing the personal data against the interests, rights and freedoms of the person to make sure that your interests are not overridden by theirs (under ICO guidance, if the person would not reasonably expect you to process their data or it would cause them unjustified harm, their interests are likely to override yours).
Replaced with signposting to legislation/guidance
3.5.8.
If you are relying on the legitimate interest condition as the lawful basis to process data, you must have a record of your decision-making to help show that you meet the conditions set out above.
Reworded, New Rule 3.1.4:
"If you rely on the legitimate interest condition as the lawful basis to process personal data, you must record your decision-making to help show that you meet the legal conditions."
3.5.9.
If you are relying on the legitimate interest condition as the lawful basis to process data for the purpose of direct marketing by phone or post, your privacy notice:
must explain what you will use the personal data for;
must explain your legitimate interests; and
must offer, in the privacy notice and in any other direct marketing communication you send, a clear and simple way for the person to tell you that they do not want to receive direct marketing in future."
Replaced with signposting to legislation/guidance
3.6. Requests from people to access their personal data
In this section, ‘you’ means a charitable institution or third-party fundraiser.
Combined with Sub-Section 3.1. Direct Marketing and Processing Personal Data
3.6.1.
If you process a person’s personal data, you must, if that person asks you to, give them a copy of the personal data you hold about them and details of how you use it in line with the person’s right of access (exemptions may apply to this).
Replaced with signposting to legislation/guidance
3.6.2.
If you hold or use a person’s personal data to fulfil a contract or because you have their consent to process it, you must make sure that the personal data can be easily moved, copied or transmitted from one computer system to another if the person asks you to do this (whether this is to their own systems, or to the systems of another organisation or new data controllers).
Replaced with signposting to legislation/guidance
Current Code
Changes
4.1. Cash
In this section, ‘you’ means a charitable institution or third-party fundraiser, unless we tell you otherwise.
No change
4.1.1.
You must not leave unsecured cash unattended.
Combined with 4.1.2; 4.1.3; 4.1.6; 4.1.7; 4.1.8 & 4.1.9, New Rules 4.1.1 & 4.1.2:
New Rule 4.1.1:
"You must have procedures for promptly counting, recording, and banking donations, which outline who does what, and when and how this will be monitored. The procedures must ensure that:
- unsecured cash is not left unattended;
- cash is banked as soon as possible;
- cash is kept in a safe or other secure place until it is banked;
- cash is counted and recorded in a secure place by two unrelated people, where possible; and
- cash you have banked matches your income summaries (where possible, this should be checked by someone who was not involved in counting or cashing up the money)."
Added wording below rule:
"Professional fundraisers and commercial participators (and people fundraising for them) are legally prohibited from taking any money from cash they receive."
New Rule 4.1.2:
"You must ensure cash donations are accounted for appropriately. This includes:
- Promptly checking the cash banked matches your income summaries.
- Ensuring all donated cash is sent to the charitable institution(s) and no expenses or fees are taken, unless these were agreed in advance."
4.1.2.
You must count cash in a secure place.
Combined with 4.1.1; 4.1.3; 4.1.6; 4.1.7; 4.1.8 & 4.1.9, New Rules 4.1.1 & 4.1.2
4.1.3.
You must make sure that all cash you have collected is counted and recorded by two unrelated people, wherever possible.
Combined with 4.1.1; 4.1.2; 4.1.6; 4.1.7; 4.1.8 & 4.1.9, New Rules 4.1.1 & 4.1.2
4.1.4.
You must make sure that cash donations are placed in a sealed container or collecting box. If you are collecting in Scotland or Northern Ireland, or in a licensing authority which follows the model regulations in England and Wales for street collections, you must do this.
Reworded, New Rule 4.1.4:
"You must ensure that all collecting boxes are labelled, numbered and sealed."
4.1.5.
You must make sure the promoter of the collection (for example, a charity’s fundraising manager) and one other responsible person or an official of a bank are present when you examine and open collecting boxes for licensed collections in a public place. If the licensing authority is following the model regulations in England and Wales for street collections, you must do this.
Replaced with signposting to legislation/guidance
4.1.6.
For collections on private land, if it is not practical for you to open and count collecting boxes, you must have effective procedures and instructions for the person who owns or manages the site to count, record and bank or deliver the money in the boxes.
Combined with 4.1.1; 4.1.2; 4.1.3; 4.1.7; 4.1.8 & 4.1.9, New Rules 4.1.1 & 4.1.2
4.1.7.
If you do not bank cash immediately, you must put it in a safe or other secure place.
Combined with 4.1.1; 4.1.2; 4.1.3; 4.1.6; 4.1.8 & 4.1.9, New Rules 4.1.1 & 4.1.2
4.1.8.
You must bank cash as soon as possible. To help with this, you must have a procedure for banking donations, including who does it and when.
Combined with 4.1.1; 4.1.2; 4.1.3; 4.1.6; 4.1.7 & 4.1.9, New Rules 4.1.1 & 4.1.2
4.1.9.
You must check that the cash you have banked matches your income summaries, as soon as possible. If possible, someone who is not involved in counting or cashing up the money must do this.
Combined with 4.1.1; 4.1.2; 4.1.3; 4.1.6; 4.1.7 & 4.1.8, New Rules 4.1.1 & 4.1.2
4.1.10.
You must send the charitable institution (or institutions) the full amount taken from all collecting boxes without taking any expenses or fees, unless these have been agreed beforehand.
Reworded, New Rule 4.1.3:
"You must ensure the charitable institution is sent the full amount from all collecting boxes without any expenses or fees being taken, unless pre-agreed."
Added wording below rule:
"In Scotland, fundraisers may send the net proceeds from collecting boxes to the charitable institution(s) after deducting expenses or fees, in line with Regulation 11(3)(d) of The Public Charitable Collections (Scotland) Regulations 1984."
4.1.11.
If you are a professional fundraiser or commercial participator, you (and people fundraising for you) must not take any money from cash you (or they) receive.
Replaced with signposting to legislation/guidance
4.1.12.
You must meet any extra rules local authorities set about making deductions from collections.
Replaced with signposting to legislation/guidance
Further standards for cash collections in Scotland
4.1.13.
In Scotland, for collections licensed by the local council which will be carried out using a collecting box, you must only accept donations by allowing the donor to put them in the collecting box. Or, if the collection can be carried out by sealed envelopes, the collector must only accept donations in sealed envelopes using the numbered envelopes you have issued to them. As a result, it is not usually possible to give receipts for donations.
Replaced with signposting to legislation/guidance
4.1.14.
If you receive cash in collection envelopes or collecting boxes as part of a public charitable collection, you must count and bank it in line with the Public Charitable Collections (Scotland) Regulations 1984, as amended.
Replaced with signposting to legislation/guidance
4.2. Tills
In this section, ‘you’ means a charitable institution or third-party fundraiser.
4.2.1.
You must make sure that all money is put into the till immediately.
Combined with 4.2.2, New Rule 4.2.1:
"You must ensure that all money is put into the till immediately and any change is given from the till, not from personal money."
4.2.2.
You must only give change from the till, never from your personal money.
Combined with 4.2.1, New Rule 4.2.1
4.3. Floats
In this section, ‘you’ means a charitable institution or third-party fundraiser.
4.3.1.
A person you have nominated must sign for your floats.
Combined with 4.3.2 & 4.3.3, New Rule 4.3.1:
"When using floats you must ensure:
- They are signed for by the person you have nominated;
- Float cash is kept separate from cash-handlers’ personal money;
- A separate record is kept of any float money used for petty cash."
4.3.2.
You must keep floats and any money made from sales separate from the cash handler’s personal money.
Combined with 4.3.1 & 4.3.3, New Rule 4.3.1
4.3.3.
If you use money from a float for petty-cash spending, you must record this separately and keep any receipts.
Combined with 4.3.1 & 4.3.2, New Rule 4.3.1
4.4. Receipts
In this section, ‘you’ means a charitable institution or third-party fundraiser.
Subsection removed
4.4.1.
If you do not use a sealed collecting box, the collector must issue and sign a receipt for the donated amount.
Reworded , New Rule 4.1.5:
"You must provide a signed receipt for cash collections if donations were not made using a sealed collection box."
4.4.2.
If you are collecting on a private site, you must give the person who owns or manages the site a receipt if they ask for one. The receipt should include the address of the site, the box number, the date and the amount collected.
Reworded, New Rule 4.1.6:
"You must give a receipt to the person who owns or manages a private site you are collecting on if they ask for one. The receipt should include:
- the address of the site;
- the box number;
- the date of the collection; and
- the amount received."
4.5. Cheques
In this section 'you' means a charitable institution or third-party fundraiser.
Subsection renumbered and reworded: 4.4 Cheques, Charity Cheques and Vouchers
4.5.1.
You must either bank cheques or send them to your fulfilment house (if you use one) as soon as possible.
Combined with 4.5.2; 4.5.3; 4.5.4; 4.6.1 & 4.6.2, New Rule 4.4.1:
"You must ensure cheques, charity cheques, and vouchers are processed promptly and appropriately. This includes:
- Using secure methods to send them to banks or fulfilment houses appropriate to the value of the donation;
- Not giving change in return for cheques; and
- Not issuing refunds for a cheque donation until the cheque has cleared and the money has appeared in your account."
4.5.2.
If you are sending cheques to a fulfilment house or external organisation for processing, you must make sure the method of sending the cheque is appropriate to the value of the cheque.
Combined with 4.5.1; 4.5.3; 4.5.4; 4.6.1 & 4.6.2, New Rule 4.4.1
4.5.3.
You must not give change in return for cheques.
Combined with 4.5.1; 4.5.2; 4.5.4; 4.6.1 & 4.6.2, New Rule 4.4.1
4.5.4.
You must not issue a refund for a cheque donation until the cheque has cleared and the money has appeared in your organisation’s account.
Combined with 4.5.1; 4.5.2; 4.5.3; 4.6.1 & 4.6.2, New Rule 4.4.1
4.6. Charity cheques and vouchers
In this section, ‘you’ means a charitable institution or third-party fundraiser.
Subsection removed
4.6.1.
You must not reclaim tax on the donation (the amount of the charity cheque or voucher) if you are the charity receiving the donation, as the Gift Aid was added before you received it.
Combined with 4.5.1; 4.5.2; 4.5.3; 4.5.4 & 4.6.2, New Rule 4.4.1
4.6.2.
You must bank or cash in vouchers as soon as possible, ideally the next working day, unless the agency issuing the vouchers asks you to do otherwise.
Combined with 4.5.1; 4.5.2; 4.5.3; 4.5.4 & 4.6.1, New Rule 4.4.1
4.7. Card transactions
In this section, ‘you’ means a charitable institution or third-party fundraiser.
Subsection renumbered: 4.5 Card Transactions
4.7.1.
You must meet the Payment Card Industry Data Security Standards (PCI-DSS).
Replaced with signposting to legislation/guidance
4.7.2.
You must use extra security measures such as Verified by Visa and 3D Securecode for online transactions if you have the resources for this.
Reworded, New Rule 4.5.1:
"You must use appropriate security measures for online and card transactions."
Added wording below rule:
"Additional Security Measures
The steps you need to take to ensure payments are secure will vary depending on the number of transactions that are made. This may involve meeting the following requirements:
- The Payment Card Industry Data Security Standards (PCI-DSS)
- The Direct Debit Scheme Rules"
4.7.3.
If you are charged for transferring payments, you must record the total donation amount as income, and record the charges in your accounts as ‘expenditure’.
No wording change, New Rule 4.5.2
4.8. Direct debits
In this section, ‘you’ means a charitable institution or third-party fundraiser.
Subsection removed
4.8.1.
If you have signed up to the Direct Debit Guarantee Scheme, you must meet its standards.
Replaced with signposting to legislation/guidance
4.9. Gift Aid
In this section, ‘you’ means a charitable institution or third-party fundraiser.
Subsection removed
4.9.1.
You must only claim Gift Aid for a donation if all of the Gift Aid conditions are met. One of these is that a donor's Gift Aid declaration must meet HMRC’s guidance on Gift Aid.
Replaced with signposting to legislation/guidance
4.9.2.
If you want to make a tax relief claim under the Gift Aid Small Donations Scheme, you must only do so if all of the scheme’s conditions are met.
Replaced with signposting to legislation/guidance
Current Code
Changes
5.1. Standards that apply to all volunteers
No change
5.1.1.
You must make sure that any guidance, information and support you give to volunteers is adequate and relevant to the type of relationship (‘on behalf of’ or ‘in aid of’) that the volunteer has with you.
Combined with 5.1.4; 5.2.3 & 5.3.1, New Rule 5.1.1:
"When you become aware of ‘in aid of’ or ‘on behalf of’ fundraising, you must provide appropriate training and support to volunteer fundraisers, relevant to the type of relationship that the volunteer has with you."
Added wording below rule:
"The training for ‘on behalf of’ fundraisers should include:
- How to fundraise legally and safely;
- Handling and processing donations;
- What should and should not be included in fundraising materials; and
- Behaviour expected of volunteers and where they can access support and guidance
If you become aware of ‘in-aid-of’ fundraising in advance, you must tell these volunteers:
- They must use the expression ‘in aid of’ your charitable institution when fundraising, to distinguish their fundraising from yours; and
- They are responsible for organising all aspects of their fundraising and you will not accept any liability relating to their fundraising; and.
- How they can fundraise legally and safely."
5.1.2.
If your charitable institution knows about a volunteer’s fundraising, you must make sure that there are proper arrangements in place for money to be transferred to you quickly and efficiently.
Reworded, New Rule 5.1.3:
"If you know in advance about a volunteer’s fundraising, you must make sure that there are proper arrangements in place for money to be transferred to you quickly and efficiently."
5.1.3.
You must not make any payments to volunteers, but you can refund their expenses.
Reworded, New Rule 5.1.2:
"You must not make any payments to volunteers, but you can cover reasonable expenses."
5.1.4.
You must take all reasonable steps to make sure that volunteers keep to standards on handling donations. For more standards on this, see section 4 Processing donations.
Combined with 5.1.1; 5.2.3 & 5.3.1, New Rule 5.1.1
5.2.
Specific considerations when working with ‘on-behalf-of’ volunteers
Incorporated into subsection 5.1
5.2.1.
Where appropriate, you must check that ‘on-behalf-of’ volunteer fundraisers are suitable to act as responsible people on your behalf. You must:
meet your legal duties on using the Disclosure and Barring Service, Disclosure Scotland or Access NI checks; and
carry out due diligence to check if each volunteer is a ‘fit and proper person’ to carry out house-to-house collections.
There is no legal definition of ‘fit and proper person’. However, Cabinet Office guidance on national exemption orders for house-to-house collections highlights the need to consider ‘past convictions or current investigations’ concerning the volunteer as an example of how to check whether they are fit and proper.
Combined with 6.1.5, New Rule 5.2.1:
"You must carry out appropriate checks to ensure that ‘on-behalf-of’ volunteer fundraisers are suitable to represent your charitable institution."
5.2.2.
You must store volunteers’ contact information and other personal data in a way that meets the General Data Protection Regulation (GDPR) and the Data Protection Act 2018.
Removed and incorporated into Section 3
5.2.3.
You must give any training and support that volunteers may need so they can carry out their role in a way that is legal, open, honest and respectful.
Combined with 5.1.1; 5.1.4 & 5.3.1, New Rule 5.1.1
5.3
Specific considerations when working with ‘in-aid-of’ volunteers
Incorporated into subsection 5.1
5.3.1.
If you are aware of their activity beforehand, you must tell ‘in-aid-of’ volunteers that:
they must use the expression ‘in aid of’ your charitable institution when fundraising, to distinguish their fundraising from yours; and
they are responsible for organising all aspects of their fundraising and that you will not accept any liability relating to their fundraising.
Combined with 5.1.1; 5.1.4 & 5.2.3, New Rule 5.1.1
Current Code
Changes
6.1 Responsibilities relating to fundraising involving children
In this section, ‘you’ means a charitable institution or third-party fundraiser.
No change
6.1.1.
You must keep to any relevant age limits set by law when organising fundraising activities.
Combined with 6.1.4; 6.1.8; 6.1.9 & 6.1.10, New Rule 6.1.1:
"You must ensure that fundraising activities are age appropriate."
Added wording below rule:
"For example, you must take reasonable steps to ensure that children under 16 are not given overall responsibility for handling or counting money."
6.1.2.
You must make sure that your staff understand their responsibilities and what they must do in relation to activity organisers, the children taking part, and the parents or guardians of those children.
Combined with 6.1.3, New Rule 6.1.2:
"You must have clear procedures in place to ensure all individuals fundraising on your behalf are aware of their safeguarding responsibilities towards themselves, potential donors and one another."
Added wording below rule:
"Procedures should set out how staff and volunteers work with all people, including:
- Activity organisers;
- Children taking part;
- The parents, guardians or responsible adults of those children; and
- All potential donors, including those in vulnerable circumstances."
6.1.3.
You must give the children or young people taking part, and their parents or guardians, guidance on how to carry out fundraising safely and legally.
Combined with 6.1.2, New Rule 6.1.2
6.1.4.
You must not give children under 16 overall responsibility for handling money or responsibility for counting collected money.
Combined with 6.1.1; 6.1.8; 6.1.9 & 6.1.10, New Rule 6.1.1
6.1.5.
You must use the Disclosure and Barring Service (in England and Wales), Disclosure Scotland (in Scotland) and Access NI (in Northern Ireland) to carry out checks on any adults working with children, if the law says you must do this.
Combined with 5.2.1, New Rule 5.2.1
6.1.6.
You must only contact children on school premises if you have the approval of the head teacher or a member of the school’s staff chosen by the head teacher, and you must follow any procedures you have agreed with them.
No wording change, New Rule 6.1.3
6.1.7.
You must get permission before taking or publishing photographs of children. If the child is over 13 years old they can give this permission themselves. If they are under 13, you must get permission from their parent or guardian.
Reworded, New Rule 6.1.4:
"You must get appropriate permission from a parent, guardian or responsible adult before taking or publishing photographs of children."
Further requirements for England and Wales
6.1.8.
You must not allow anyone under the age of 16 to carry out house-to-house collections, unless the collection is taking place in the City of London, in which case, you must not allow anyone under the age of 18 to take part. You must not allow anyone under 16 to carry out street collections, except in London where, if you have special permission, you can use street collectors aged 14 or over.
Combined with 6.1.1; 6.1.4; 6.1.9 & 6.1.10, New Rule 6.1.1
Further requirements for Scotland
6.1.9.
If a street collection qualifies as a public charitable collection, you must not allow children under 14 to take part, and must not allow children under 16 to carry out house-to-house collections.
Combined with 6.1.1; 6.1.4; 6.1.8 & 6.1.10, New Rule 6.1.1
Further requirements for Northern Ireland
6.1.10.
You must not allow anyone under the age of 16 to carry out street collections or house-to-house collections. The exception to this is if a house-to-house collection is taking place across Northern Ireland and you are a youth organisation which the Department for Communities has approved for carrying out the collection under an exemption order, in which case you can have collectors aged 12 and over.
Combined with 6.1.1; 6.1.4; 6.1.8 & 6.1.9, New Rule 6.1.1
6.2. Children and data protection
Subsection removed
6.2.1.
If you rely on consent as the lawful basis for processing a child’s data, you must get their parent’s or guardian’s consent for this until the child is able to give informed consent themselves.
Removed and incorporated into Section 3
6.2.2.
You must not share any data you collect from anyone aged under 14 without consent from their parent or guardian, unless you have to do so by law (for example, during a police investigation).
Replaced with signposting to legislation/guidance
Current Code
Changes
7.1. Due diligence and conflicts of interest
In this section, ‘you’ means a charitable institution, unless we tell you otherwise.
No change
7.1.1
Before entering into an agreement with a professional fundraiser or a commercial partner you must carry out appropriate checks on them (including on their financial standing and reputation) to make sure you can be confident that they are able to do what you expect them to do and that your relationship with them will not damage your reputation. This is especially important when working with organisations that are not based in the UK.
Reworded, New Rule 7.1.1:
"You must carry out appropriate checks on a third-party fundraiser before entering into an agreement with them, to ensure you can be confident that they are able to do what you expect them to do and that your relationship with them will not damage your reputation."
7.1.2
You and the third-party fundraisers and commercial partners must give each other full details of any possible, perceived or actual conflicts of interest that you and they are aware of or become aware of, either:
- at the due diligence stage; or
- while you are working together.
Combined with 7.1.3, New Rule 7.1.2:
"You and the third-party fundraiser must give each other full details of any actual or perceived conflicts of interest as soon as either party becomes aware of them. If the conflict of interest can be managed, you and the third-party fundraiser partner must take appropriate steps to manage it properly. If there is a significant conflict of interest, both parties must consider whether it is appropriate for the relationship to start or to continue."
7.1.3
If your third-party fundraiser has or may have a conflict of interest, you must not enter an agreement with them without the permission of the person or organisation whose interests conflict with theirs. If there is a significant conflict of interests, both parties must consider whether it is appropriate for the relationship to continue.
Combined with 7.1.2, New Rule 7.1.2
7.1.4
Third-party fundraisers must only claim that they have experience, qualifications and achievements if they have proof to back this up.
Removed, covered by the general principles set out in section 1 of the code, including 1.1.1 and 1.2.1
7.1.5
If you are placing fundraising content on the website of a third-party fundraiser or commercial partner, you must apply the same care as you would when placing it on your own website.
Removed, covered by the general principles set out in section 1 of the code, including 1.1.1 and 1.2.1
7.2. Contracts and agreements
In this section, ‘you’ means a charitable institution, unless we tell you otherwise.
No change
7.2.1
You must have a written agreement in place with any paid third-party fundraiser or commercial partner you work with to fundraise. In England, Wales and Scotland, you must do this if the paid third-party fundraiser or commercial partner you work with falls within the legal definition of a ‘professional fundraiser’ or ‘commercial participator’.
Please see below for more details about what ‘professional fundraiser’ or ‘commercial participator’ agreements and contracts must contain.
Reworded, New Rule 7.2.1:
"You must have an appropriate written agreement in place with any third-party fundraiser (unless they are a volunteer, in which case you may decide not to put a written agreement in place)."
7.2.2
Regulations on contracts can differ between England and Wales, Scotland, and Northern Ireland. You must meet the relevant regulations in each area.
Removed, New Rule 7.2.2:
"You must ensure that this agreement provides adequate protection and rights for your charitable institution, taking into account the activity to be carried out under the agreement. In particular, you must be able to terminate the agreement in a way that allows you to protect your charitable institution’s reputation if this becomes necessary."
7.2.3
You must make sure that any third party you work with keeps to the requirements of data protection law and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as set out in the code, including the requirements of the Telephone Preference Service (TPS), no matter where the third party is based or operating.
Removed, New Rule 7.2.3:
"You must ensure that this agreement includes appropriate terms about:
- The activities to be carried out by the third-party fundraiser (and if relevant, by you);
- Any timescales;
- If the third-party fundraiser will be paid by you, how this will be calculated;
- If fundraising materials will be developed or shared, what intellectual property rights you have over such materials;
- Handling confidential information;
- How the third-party fundraiser is expected to behave, including expectations as to its compliance with this code;
- Complaints procedures and engaging with the Fundraising Regulator; and
- Whether sub-contracting by the third-party fundraiser is permitted and what standards are in place in respect of sub-contracted services."""
7.2.4
You must have review procedures in the agreement. You must consider the third-party fundraiser’s performance at these reviews and decide whether further action is appropriate (such as reviewing the agreement or activating any penalty clauses that may be part of the agreement). In England and Wales, you must meet this standard.
Removed, New Rule 7.2.2
7.2.5
If the third-party fundraiser will be selling goods or services, there must be a written agreement governing the relationship between the charitable institution and the third-party fundraiser (even if this is not strictly needed under the relevant acts).
- Before the agreement begins, it must be considered, negotiated and agreed by authorised representatives of both the charitable institution and the third-party fundraiser.
- The charitable institution and the third-party fundraiser must approve and understand the agreement.
Removed, New Rule 7.2.1
7.2.6
Any change to the contract terms must be in line with the term in the agreement which says how any change should take effect.
Removed, New Rule 7.2.1
7.2.7
Before asking for money or other property, a professional fundraiser must have a written agreement in place with you. The agreement must be signed by or on behalf of both you and the professional fundraiser.
Replaced with signposting to legislation/guidance
7.2.8
The agreement must give:
- the names and addresses of all the people and organisations the agreement is between (the parties to the agreement);
- the date on which each party signed the agreement and the length of the agreement;
- any terms which relate to ending the agreement early or making changes to it;
- a statement of the main aims of the agreement and how the parties will achieve those aims;
- terms for paying fees and expenses to the professional fundraiser; and
- if more than one charity is involved, details of how the funds raised will be shared between them.
Replaced with signposting to legislation/guidance
England and Wales
7.2.9
Fundraising agreements between charitable institutions established in England and Wales and professional fundraisers must also include:
- details of any voluntary regulatory fundraising scheme or standard that the professional fundraiser has agreed to keep to;
- details of how the commercial organisation will protect the public from unreasonable intrusion on a person’s privacy, unreasonably persistent approaches or undue pressure to donate; and
- details of how the charitable institution will monitor the professional fundraiser to make sure it is keeping to the agreement, as set out in section 59 of the Charities Act 1992 as amended.
This may include the monitoring measures set out in 7.3 Monitoring that fundraisers are meeting the code. The terms of the agreement should allow you to read and, where necessary, review any relevant policies and procedures that the professional fundraiser has in place which are relevant to protecting the public. This may include policies on people in vulnerable circumstances, handling complaints and whistleblowing, training materials, and the staff code of conduct.
Replaced with signposting to legislation/guidance
7.2.10
If a third-party fundraiser falls within the definition of ‘professional fundraiser’, the agreement must include details of the solicitation statement they need to give and the fees and expenses which the professional fundraiser will be paid.
Removed, New Rule 7.2.3
7.2.11
Agreements with third-party fundraisers must include clear and realistic expectations of the activities to be carried out, the budget, resources, timings and the possible outcomes.
Removed, New Rule 7.2.3
7.2.12
You must agree all procedures with professional fundraisers before the fundraising takes place, including procedures for processing donors’ details and producing and using fundraising materials.
Removed, New Rule 7.2.3
7.2.13
You must make sure it is clear who owns the copyright of all materials and databases connected with the fundraising activity, before carrying out the activity.
Removed, New Rule 7.2.3
7.2.14
You must give professional fundraisers the information they need about your charitable institution’s aims, and clear guidelines about their behaviour and the different tax reliefs that apply.
Removed, New Rule 7.2.3
7.2.15
If an arrangement with a commercial partner falls within the definition of a ‘commercial participator’, the commercial participator must have a written agreement in place with the charitable institution it proposes to raise funds for, and certain information must be included in this.
Replaced with signposting to legislation/guidance
7.2.16
It is against the law for a commercial participator to claim, as part of a promotional venture, that they will give money to a charitable institution, unless this claim is in line with a written agreement they have in place with the charitable institution they are raising funds for. The agreement must be in writing and signed by or on behalf of both the commercial participator and the charitable institution they are raising funds for.
Replaced with signposting to legislation/guidance
7.2.17
The agreement must give:
- the names and addresses of all the parties to the agreement;
- the date on which each party signed the agreement and the length of the agreement;
- any terms which relate to ending the agreement early or making changes to it;
- a statement of the main aims of the agreement and how the parties will achieve those aims;
- if more than one charitable institution is involved, details of how the funds raised will be shared between them;
- details of what proportion of the price of the goods or services will be given to you or how much money the commercial participator will donate in connection with selling or supplying the goods or services; and
- how much the commercial participator will receive as payment or for expenses.
Replaced with signposting to legislation/guidance
7.3. Monitoring that fundraisers are meeting the code
In this section, ‘you’ means a charitable institution, unless we tell you otherwise.
No change
7.3.1
You must make sure that any paid third-party fundraisers or commercial partners you work with to fundraise keep to the code.
Reworded, New Rule 7.3.1:
"You must make take all reasonable steps to ensure that any third-party fundraisers you work with keep to the code."
7.3.2
You must make all reasonable efforts to monitor whether the paid third-party fundraisers or commercial partners are keeping to the agreement you have with them (including the conditions of the contract which relate to keeping to the code).
Reworded, New Rule 7.3.2:
"7.3.2
You must make take all reasonable steps to monitor third-party fundraisers’ compliance with the agreement you have with them."
Further requirements for England and Wales
7.3.3
A professional fundraiser or commercial participator who has an agreement with you must, when asked, allow you to inspect their books, documents and records relating to your charitable institution.
Replaced with signposting to legislation/guidance
7.3.4
A professional fundraiser or commercial participator must pass on funds to you as soon as reasonably possible, and in any case within 28 days, unless they have a reasonable excuse.
Replaced with signposting to legislation/guidance
Further requirements for Scotland
7.3.5
If a Scottish charity has an agreement covering the activities of a commercial partner operating in England and Wales (or if an English or Welsh charity has an agreement covering the activities of a commercial partner operating in Scotland), it must make sure that the contract meets the legal requirements of the country where the fundraising will be carried out.
Replaced with signposting to legislation/guidance
7.3.6
In Scotland, if the contract is with a professional fundraiser or commercial participator, it must explain how the contract can be changed. It must include conditions saying that the change needs to be in writing and which prevent one party alone from making an unfavourable change.
Replaced with signposting to legislation/guidance
7.3.7
A professional fundraiser or commercial participator must pass on funds to you in line with the Charities and Benevolent Fundraising (Scotland) Regulations 2009 regulations. In Scotland, the funds must be passed on as soon as reasonably possible, and in any case within 28 days of receiving them. The law in Scotland does not allow you or the professional fundraiser or commercial participator to agree otherwise, and this time frame cannot be extended even if the fundraiser has a reasonable excuse for not giving you the funds on time.
Replaced with signposting to legislation/guidance
7.4.
Solicitation (disclosure) statements for paid third-party fundraisers and commercial participators
In this section, ‘you’ means a charitable institution, unless we tell you otherwise.
Reworded:
"7.4 Solicitation (disclosure) statements for professional fundraisers and commercial participators
In this section, ‘you’ means a professional fundraiser or a commercial participator."
7.4.1
Professional fundraisers and commercial participators must make a solicitation statement when asking for money or other property or saying that money from a commercial promotional venture will be paid to a charitable institution or used for charitable, philanthropic or benevolent purposes.
Replaced with signposting to legislation/guidance
England and Wales
Professional fundraisers
7.4.2
Professional fundraisers must make a solicitation statement every time they ask for money or other property on your behalf or for charitable, philanthropic or benevolent purposes. This is the case even if the money is not a pure donation but is given in return for something. "
Replaced with signposting to legislation/guidance
7.4.3
The fundraiser must make the solicitation statement either before the donor gives any money or before the fundraiser asks for any financial details relating to the transaction (whichever is sooner).
Removed, New Rule 7.4.1:
"You must make a solicitation statement before (as applicable):
- a potential donor gives any money (or in a commercial participation, before a donor purchases the product or service); or
- you ask for any financial details relating to the transaction."
7.4.4
Professional fundraisers must give:
- the name of the charitable institution they are calling on behalf of;
- if there is more than one charitable institution, details of the proportions in which the funds will be shared between them; and
- how their payment (including any payment-in-kind, for example, gift vouchers) in connection with the appeal is to be calculated and the amount of that payment (or, if they don’t know the actual amount, an estimate of the amount calculated as accurately as possible). Employees of a professional fundraiser would have to provide a statement about the payment their employer will receive in connection with the appeal, not the payment they personally will receive from the professional fundraiser (their employer).
Failing to make the correct solicitation statement is a criminal offence. The Cabinet Office published ‘Charitable Fundraising: Guidance on Part 2 of the Charities Act 1992 (2008)’ which includes example wording of statements. For more detailed guidance, you should get professional advice.
Replaced with signposting to legislation/guidance
7.4.5
In the case of fundraising where the fundraiser asks for a donation verbally but the person they are asking is not present (such as telephone fundraising), the professional fundraiser must make the appropriate statement during the conversation. Also, within seven days of the donor making any payment of £100 or more, the professional fundraiser must give them a written statement containing the solicitation statement and details of their right to a refund or to cancel the payment
Replaced with signposting to legislation/guidance
7.4.6
A professional fundraiser must keep to specific requirements relating to the information they must share in connection with television, radio and telephone appeals, including donors’ rights to cancel a donation and receive a refund.
Replaced with signposting to legislation/guidance
Commercial participators
7.4.7
Commercial participators must make a solicitation statement whenever (and wherever) it is stated or implied in the course of a commercial promotional venture that money will be paid to one or more charitable institutions or used for charitable, philanthropic or benevolent purposes.
Replaced with signposting to legislation/guidance
7.4.8
The solicitation statement must give:
- the name of the charitable institution or institutions;
- if there is more than one charitable institution, details of how much of the funds will be shared between them; and
- the sum (or, if it is not possible to calculate accurately beforehand, the amount believed to be as accurate as possible) of whichever of the following apply.
- The amount of the cost of the goods and services that will be given to or used for the benefit of the charitable institution or institutions
- The amount of any other proceeds of the promotion that will be given to or used for the benefit of the charitable institution or institutions
- The amount of the donations made in connection with the sale or supply of goods and services that will be given to or used for the benefit of the charitable institution or institutions
Replaced with signposting to legislation/guidance
7.4.9
In the case of fundraising by commercial participators, where a commercial participator asks for donations verbally but the person they are asking is not present, the commercial participator must make the appropriate solicitation statement during the conversation. Also, within seven days of the donor making any payment of £100 or more, the commercial participator must give them a written statement containing the solicitation statement and details of their right to a refund or to cancel the payment.
Replaced with signposting to legislation/guidance
Scotland
7.4.10
In Scotland, the standards on solicitation statements apply to and must be followed by professional fundraisers asking for donations, commercial participators making representations and benevolent fundraisers (other than volunteers) carrying out benevolent fundraising. See the glossary for a definition of benevolent organisation and benevolent fundraising in the context of Scottish law.
Replaced with signposting to legislation/guidance
7.4.11
Professional fundraisers, commercial participators and benevolent fundraisers (other than volunteers) must:
- give the name of the benevolent organisation which will benefit;
- if there is more than one benevolent organisation, give details of how the funds raised will be shared between them;
- if the funds are for general charitable, benevolent or philanthropic purposes (rather than for a particular benevolent organisation), give details of how they will decide how to distribute the funds; and
- say in writing if they are being paid (unless they are a benevolent fundraiser and an employee or agent of the benevolent organisation concerned or a company connected to it, and are carrying out the fundraising)."
Replaced with signposting to legislation/guidance
7.4.12
Professional fundraisers and commercial participators must also keep to the following extra standards.
- If you make the solicitation statement verbally (but not by speaking directly to and in the presence of the person it is addressed to) or in the course of a radio or television programme, you must explain the donor’s right to a refund or to cancel the agreement under the Charities and Benevolent Fundraising (Scotland) Regulations 2009.
- If you are being paid for the activity, you must say how your payment will be decided and state:
- the amount (or the estimated amount) you will be paid as a professional fundraiser; or
- the amount (or the estimated amount) of the money made from sales or from the promotional venture that you, as a commercial participator, will use for the benevolent organisation or purpose, or the amount of the donation (or donations) that will be made.
- If you provide the solicitation statement about your pay verbally, you must:
• if you are making the statement in person, tell any person making a payment that you have the information on your pay available in writing if they want to see it; or
• if you are not making the statement in person, tell any person making a payment that you have the information on your pay available in writing and will provide it if they ask for it.
It is a criminal offence for a professional fundraiser or commercial participator to fail to keep to any of these conditions, and the trustees of a charity may have broken their duty of care if they do not make statements where appropriate. You can get more information and guidance from the Scottish Charity Regulator (OSCR) or you should ask for professional advice.
Replaced with signposting to legislation/guidance
7.4.13
You must make the statement either before the donor gives any money or before you ask for any financial details relating to the donation (whichever is sooner).
Removed, New Rule 7.4.1
7.5. Fees and payment
In this section, ‘you’ means a charitable institution, unless we tell you otherwise.
Subsection removed, this information is already set out in section 2.5 of the code
7.5.1
Third-party fundraisers who do not fall within the legal definition of a professional fundraiser must state the actual amount and the way the payment is calculated in any proposal or agreement and make completely clear all fees, expenses and other associated costs, how their fees will be calculated and the timescale for payments.
Removed
7.5.2
If the agreement allows payment levels to vary, this must be clearly justified in agreements by referring to the particular circumstances in which different payment levels may apply. If this applies, the agreement must include terms which allow you and the third-party fundraiser to end the agreement before their pay changes.
Removed
7.6. Confidentiality
In this section, ‘you’ means a charitable institution, unless we tell you otherwise.
Subsection removed
7.6.1
Third-party fundraisers must not share any confidential information they get from you unless that information is already available to the public or they are allowed to share the information by law
Removed as this is covered by the general principles in section 1, including 1.1.1
7.6.2
The written agreement between you and the third-party fundraiser must include terms defining what is considered confidential information.
Removed, New Rule 7.2.3
7.7. Company law and tax
In this section, ‘you’ means a charitable institution, unless we tell you otherwise.
Subsection removed, HMRC are the lead regulator for tax matters
If you are also a company, you must also meet the relevant company law requirements.
7.7.1 You must understand how your fundraising activities could affect the tax and VAT that your organisation has to pay (if at all) and make sure you pay the correct amount.
Removed
Current Code
Changes
8.1. Behaviour when collecting money or other property
In this section, ‘you’ means a charitable institution or third-party fundraiser, unless we tell you otherwise.
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 not:
act in any way that might reasonably cause members of the public to be or become startled or anxious;
act dishonestly or manipulatively, or deliberately try to make a potential donor feel guilty; or
act in any other way that a reasonable person might consider would damage the charitable institution’s reputation. This includes:
smoking or drinking alcohol while wearing clothing that contains a charitable institution’s branding;
taking or being under the influence of illegal drugs;
lewd or aggressive behaviour, including swearing, while wearing clothing that contains a charitable institution’s branding;
putting undue pressure on members of the public to donate;
exploiting your position for personal gain (for example, asking for a job, asking someone for a date, or asking for a discount on goods or services); or
any other behaviour that harms the reputation of the fundraising profession or the charitable institution you are representing."
Combined with 8.1.4 and 8.1.5, New Rules 8.1.1 and 8.1.2
New Rule 8.1.1:
"While fundraising you must behave in a way which reflects well on the charitable institution and fundraising in general."
Added wording below rule:
"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:
o using inappropriate language or lewd or aggressive behaviour;
o smoking, vaping, drinking alcohol etc.; and
o exploiting your position for personal gain."
New Rule 8.1.2:
"You must be clear and honest about your intention to fundraise when approaching potential donors. "
Added wording below rule:
"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."
8.1.2.
You must avoid causing an obstruction, congestion and nuisance to the public. You must not deliberately block the path of members of the public.
Combined with 8.1.3; 8.1.6; 8.1.7; 8.1.8; 8.4.16; 8.4.18, 8.4.19, 8.4.25 & 8.4.28, New Rules 8.2.1 and 8.2.2:
New Rule 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"
Added wording below rule:
"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."
New Rule 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."
Added wording below rule:
"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."
8.1.3.
You must treat the locations you are working at or visiting with respect.
Combined with 8.1.2; 8.1.6; 8.1.7; 8.1.8; 8.4.16; 8.4.18, 8.4.19, 8.4.25 & 8.4.28, New Rules 8.2.1 and 8.2.2
8.1.4.
You must not suggest to any member of the public that the conversation you are attempting to start is not about money or that you are ‘not fundraising’.
Combined with 8.1.1 and 8.1.5, New Rules 8.1.1 and 8.1.2
8.1.5.
When asking for a regular gift, you must not suggest to any member of the public that it is ‘without commitment’.
Combined with 8.1.1 and 8.1.4, New Rules 8.1.1 and 8.1.2
8.1.6.
Unless this is authorised under an agreement with a private site, you must not approach members of the public who are:
seated, unless the seating is part of a charitable institution’s promotional stand; or
in queues, unless the queue is directly related to the fundraising activity.
Combined with 8.1.2; 8.1.3; 8.1.7; 8.1.8; 8.4.16; 8.4.18, 8.4.19, 8.4.25 & 8.4.28, New Rules 8.2.1 and 8.2.2
8.1.7.
You must not knowingly approach people who are carrying out official duties, such as uniformed officials while they are on duty or people who are clearly working.
Combined with 8.1.2; 8.1.3; 8.1.6; 8.1.8; 8.4.16; 8.4.18, 8.4.19, 8.4.25 & 8.4.28, New Rules 8.2.1 and 8.2.2
8.1.8.
You must not obstruct, interfere with or disrespect members of staff from local businesses.
Combined with 8.1.2; 8.1.3; 8.1.6; 8.1.7; 8.4.16; 8.4.18, 8.4.19, 8.4.25 & 8.4.28, New Rules 8.2.1 and 8.2.2
8.2. Licences and permission
In this section, ‘you’ means a charitable institution or third-party fundraiser, unless we tell you otherwise.
Subsection renamed and renumbered:
8.4 Licences, Permissions and Identifying Fundraisers
In this section, ‘you’ means a charitable institution or third-party fundraiser.
8.2.1.
If you are a charitable institution collecting on public land, you must get a licence or permit from the relevant authority to collect in that area, unless the relevant authority does not require you to hold a licence for your activity.
Combined with 8.2.2; 8.2.4; 8.2.5; 8.3.1; 8.4.13; 8.4.20; 8.4.21; 8.4.22; 8.4.24 & 8.5.1, New Rule 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."
Added wording below rule:
"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;
- Provide the necessary official materials and appropriate authorisations to fundraisers; and
Some licences and permits may also require you to provide the names and details of individual fundraisers in an area."
8.2.2.
If you are a charitable institution, you must apply for licences in good time before the collection is due to take place.
In Scotland, unless the relevant authority does not require you to hold a licence, you must apply for a licence in writing at least one month before your collection (or within any other period the local authority decides).
In Northern Ireland, for street collections you must apply for a licence in writing before the first day of the month before the month in which the collection will take place.
Combined with 8.2.1; 8.2.4; 8.2.5; 8.3.1; 8.4.13; 8.4.20; 8.4.21; 8.4.22; 8.4.24 & 8.5.1, New Rule 8.4.1
8.2.3.
You must carry out all collections in line with the terms of the relevant permit or licence. You must also make sure that:
you carry out due diligence to check that a collector is a fit and proper person to collect;
collectors are at least the minimum age allowed to fundraise in the relevant country and that they meet the obligations they have by law;
you provide collectors with any official materials or authorisation needed under a licence or permit, such as written authorisation, a certificate of authority, an identity badge, collecting boxes or receipt books;
you meet any other legal requirements relating to official materials or authorisation; and
if required (for example, by the person issuing the permit), you are able to provide full details of all collectors in a certain area, including their names, addresses and phone numbers, the precise area to be covered and the exact period during which the collector is authorised to collect.
Combined with 8.2.8, New Rules 8.4.2 & 8.4.3:
New Rule 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"
New Rule 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."
8.2.4.
If you are a collector, you must meet any legal requirements relating to collecting boxes, certificates of authority and badges.
Combined with 8.2.1; 8.2.2; 8.2.5; 8.3.1; 8.4.13; 8.4.20; 8.4.21; 8.4.22; 8.4.24 & 8.5.1, New Rule 8.4.1
8.2.6.
You must make sure that materials include contact details for the charitable institution and the collector, if different.
Combined with 7.1.5; 9.2.1; 9.2.2; 9.2.3; 9.2.4; 9.2.5; 9.2.13; 9.2.14 & 9.2.15, New Rules 9.2.1 & 9.2.2
8.2.7.
You must make sure that people and, where possible their vehicles, can be clearly identified as representing your charitable institution.
Combined with 8.4.12; 8.4.14; 8.4.15; 8.4.26; 8.4.27; 8.5.2; 8.5.3 & 8.5.4, New Rules 8.4.4 & 8.4.5
New Rule 8.4.4:
"You must ensure that fundraisers and vehicles used for fundraising activity can be clearly identified as representing your charitable institution."
Added wording below rule:
"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."
New Rule 8.4.5:
"You must ensure that your fundraisers have appropriate identification for the activity they are carrying out."
Added wording below rule:
"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"
8.2.8.
You must record the issuing and return of all materials connected with the collection.
In Scotland, the organiser of a collection must 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.
Combined with 8.2.3, New Rules 8.4.2 & 8.4.3
8.3. Exemptions
In this section, ‘you’ means a charitable institution or third-party fundraiser, unless we tell you otherwise.
Sub-Section Removed
8.3.1.
If you are a charitable institution that:
has a national exemption order in England and Wales, or an exemption order in Northern Ireland, which means you do not need a licence for house-to-house collections in the relevant country; or
is an exempt promoter in Scotland, which means you do not need a licence for public charitable collections in that country;
you must meet the conditions of that exemption.
Combined with 8.2.1; 8.2.2; 8.2.4; 8.2.5; 8.4.13; 8.4.20; 8.4.21; 8.4.22; 8.4.24 & 8.5.1, New Rule 8.4.1
8.4. Further standards that apply to particular locations and activities
In this section, ‘you’ means a charitable institution or third-party fundraiser, unless we tell you otherwise.
Subsection renamed and renumbered:
8.3 Door-to-door fundraising
In this section, ‘you’ means a charitable institution or third-party fundraiser.
House-to-house collections
8.4.1.
You must not harass any person or ignore a request to leave or not to return.
Combined with 1.1.2, 1.2.1 & 1.2.2 to make New Rule 1.1.2
8.4.2.
You must not cold-call in an area where a ‘no cold-calling zone’ has been created legitimately which means that charitable collections are not allowed.
Combined with 8.4.3; 8.4.4; 8.4.5; 8.4.6; 8.4.7; 8.4.8; 8.4.9; 8.4.10; 8.4.11 & 8.4.17, New Rules 8.3.1; 8.3.2 & 8.3.3:
New Rule 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”."
New Rule 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)."
New Rule 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"
Added wording below rule:
"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."
8.4.3.
You must not knock on the door of any property that displays a sticker or sign which includes the words ‘no cold-calling’, ‘no cold-callers’, ‘no charities’, ‘no charity canvassers’ or ‘no charity fundraisers’.
Combined with 8.4.2; 8.4.4; 8.4.5; 8.4.6; 8.4.7; 8.4.8; 8.4.9; 8.4.10; 8.4.11 & 8.4.17, New Rules 8.3.1; 8.3.2 & 8.3.3
8.4.4.
You must only knock on the front door or main entrance of a property (usually the door that is closest to or most directly accessible from a street), unless a resident asks you to do otherwise.
Combined with 8.4.2; 8.4.3; 8.4.5; 8.4.6; 8.4.7; 8.4.8; 8.4.9; 8.4.10; 8.4.11 & 8.4.17, New Rules 8.3.1; 8.3.2 & 8.3.3
8.4.5.
If a building contains several properties and you need permission from a resident in order to access the building, you must not use entry permission given by one resident to then call on other properties in the building. You must get individual permission to enter the building from the resident of every property you visit in the building.
Combined with 8.4.2; 8.4.3; 8.4.4; 8.4.6; 8.4.7; 8.4.8; 8.4.9; 8.4.10; 8.4.11 & 8.4.17, New Rules 8.3.1; 8.3.2 & 8.3.3
8.4.6.
You must take extra care when visiting properties after dark. If you are visiting isolated places, you must consider whether the visit could cause anxiety to residents before approaching a property.
Combined with 8.4.2; 8.4.3; 8.4.4; 8.4.5; 8.4.7; 8.4.8; 8.4.9; 8.4.10; 8.4.11 & 8.4.17, New Rules 8.3.1; 8.3.2 & 8.3.3
8.4.7.
You must not enter a property unless you have the permission of a resident of the property (or, if the property is occupied by a business, the person in charge at the property on the day of the visit).
Combined with 8.4.2; 8.4.3; 8.4.4; 8.4.5; 8.4.6; 8.4.8; 8.4.9; 8.4.10; 8.4.11 & 8.4.17, New Rules 8.3.1; 8.3.2 & 8.3.3
8.4.8.
You must not stop residents from shutting a door of their property (for example, by putting your foot in the doorway)."
Combined with 8.4.2; 8.4.3; 8.4.4; 8.4.5; 8.4.6; 8.4.7; 8.4.9; 8.4.10; 8.4.11 & 8.4.17, New Rules 8.3.1; 8.3.2 & 8.3.3
8.4.9.
You must not deliver charitycollection bags to a property that displays a sticker or sign which includes the words ‘no charity bags’, ‘no clothing bags’ or any other words which clearly show that the householder does not want to donate in this way.
Combined with 8.4.2; 8.4.3; 8.4.4; 8.4.5; 8.4.6; 8.4.7; 8.4.8; 8.4.10; 8.4.11 & 8.4.17, New Rules 8.3.1; 8.3.2 & 8.3.3
8.4.10.
Alongside any time restrictions for collections that are set out in the licence, you must not fundraise before 9am Monday to Saturday or before 10am on Sundays and public holidays, or after 9pm on any day or date. If you need to call again at a property (two-step collections) the second visit must not take place outside of these times, unless the person at the property asks you to make the collection at a certain time.
Combined with 8.4.2; 8.4.3; 8.4.4; 8.4.5; 8.4.6; 8.4.7; 8.4.8; 8.4.9; 8.4.11 & 8.4.17, New Rules 8.3.1; 8.3.2 & 8.3.3
8.4.11.
You must not approach a property in groups of more than two at a time. This includes trainee fundraisers.
Combined with 8.4.2; 8.4.3; 8.4.4; 8.4.5; 8.4.6; 8.4.7; 8.4.8; 8.4.9; 8.4.10 & 8.4.17, New Rules 8.3.1; 8.3.2 & 8.3.3
8.4.12.
If you are collecting regular gifts house-to-house (face-to-face fundraising), you must wear an ID badge, that:
includes your identity as a fundraiser, who you work for and a phone number for the relevant charitable institution or third-party fundraiser;
is clearly displayed and has not been tampered with;
is in the form of a badge fixed to the upper front part of your body;
is at least the size of a credit card;
is signed or authorised in some other way (for example, with a company seal or stamp) by the agency you work for or the charity you are collecting on behalf of (or both); and
is accessible for people with sight difficulties (for example, the information on the ID badge could be available in large print)."
Combined with 8.2.7; 8.4.14; 8.4.15; 8.4.26; 8.4.27; 8.5.2; 8.5.3 & 8.5.4, New Rules 8.4.4 & 8.4.5
Collecting regular gifts (face-to-face fundraising) on the street
8.4.13.
If you do not need a licence or permit, you must meet Chartered Institute of Fundraising (CIoF) site management agreements that are in place with the local authority for regular gift (face-to-face) fundraising on the street.
Combined with 8.2.1; 8.2.2; 8.2.4; 8.2.5; 8.3.1; 8.4.20; 8.4.21; 8.4.22; 8.4.24 & 8.5.1, New Rule 8.4.1
8.4.14.
You must be identifiable by the public from a distance of at least five metres. Charity branded clothing:
must be visible and identifiable;
must not be tied around your waist or covered by non-charity branded clothing or other property, or be in any way obscured; and
must be clean and in good condition to make sure the brand can be seen and to protect its reputation.
Combined with 8.2.7; 8.4.12; 8.4.15; 8.4.26; 8.4.27; 8.5.2; 8.5.3 & 8.5.4, New Rules 8.4.4 & 8.4.5
8.4.15.
You must wear an ID badge, that:
includes your identity as a fundraiser, who you work for and a phone number for the relevant charitable institution or third-party fundraiser;
is clearly displayed and has not been tampered with;
is in the form of a badge fixed to the upper front part of your body;
is at least the size of a credit card;
is signed or authorised in some other way (for example, with a company seal or stamp) by the employing agency or the charity you are collecting on behalf of (or both); and
is accessible for people with sight difficulties (for example, the information on the ID badge could be available in large print).
Combined with 8.2.7; 8.4.12; 8.4.14; 8.4.26; 8.4.27; 8.5.2; 8.5.3 & 8.5.4, New Rules 8.4.4 & 8.4.5
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).
Combined with 8.1.2; 8.1.3; 8.1.6; 8.1.7; 8.1.8; 8.4.18, 8.4.19, 8.4.25 & 8.4.28, New Rules 8.2.1 and 8.2.2
8.4.17.
You must not begin collecting before 9am Monday to Saturday or 10am on Sundays and public holidays, or continue after 7pm on any day. (If different times are stated in a CIoF site management agreement, you must keep to the times in the agreement.)
Reworded, New Rule 8.2.3
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.
Combined with 8.1.2; 8.1.3; 8.1.6; 8.1.7; 8.1.8; 8.4.16, 8.4.19, 8.4.25 & 8.4.28, New Rules 8.2.1 and 8.2.2
8.4.19.
If you have approached a member of the public, you must meet the ‘three-step’ rule.
You must not take more than three steps alongside the person or to follow them, even if they ask you to.
If the member of the public has not come to a stop within the three steps allowed, you must end your attempt to talk to them.
Combined with 8.1.2; 8.1.3; 8.1.6; 8.1.7; 8.1.8; 8.4.16, 8.4.18, 8.4.25 & 8.4.28, New Rules 8.2.1 and 8.2.2
Collections on private land and bookable private sites
8.4.20.
You must have permission from the property owner or manager to collect and must keep to the dates, times and areas allowed for collecting.
Combined with 8.2.1; 8.2.2; 8.2.4; 8.2.5; 8.3.1; 8.4.18; 8.4.21; 8.4.22; 8.4.24 & 8.5.1 to create New Rule 8.4.1 on licenses and permissions
8.4.21.
You must record all bookings and include the full name of the person you made the booking with, the dates that were agreed and the type of activity that was agreed. You must keep these records for at least 28 days.
Combined with 8.2.1; 8.2.2; 8.2.4; 8.2.5; 8.3.1; 8.4.18; 8.4.20; 8.4.22; 8.4.24 & 8.5.1, New Rule 8.4.1
Collecting regular gifts (face-to-face fundraising) on bookable private sites
8.4.22.
Whenever possible, before beginning work you must introduce yourself to the relevant member of staff responsible for the private site.
Combined with 8.2.1; 8.2.2; 8.2.3; 8.2.4; 8.2.5; 8.3.1; 8.4.18; 8.4.20; 8.4.21; 8.4.24 & 8.5.1, New Rule 8.4.1
8.4.23.
If the venue or location changes, you must tell the person responsible for your operations before beginning work.
Replaced with signposting to legislation/guidance
8.4.24.
You must not work outside the boundaries of the private site as explained by the site owner and, in any case, you must work within sight of the promotional stand, if there is one.
Combined with 8.2.1; 8.2.2; 8.2.4; 8.2.5; 8.3.1; 8.4.18; 8.4.20; 8.4.21; 8.4.22 & 8.5.1, New Rule 8.4.1
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.
Combined with 8.1.2; 8.1.3; 8.1.6; 8.1.7; 8.1.8; 8.4.16, 8.4.18, 8.4.19 & 8.4.28, New Rules 8.2.1 and 8.2.2
8.4.26.
You must wear charity-branded clothing if you do not have a promotional stand. Charity-branded clothing:
must be visible and identifiable;
must not be tied around your waist or covered by non-charity branded clothing or other property, or be in any way obscured; and
must be clean and in good condition to make sure the brand can be seen and to protect its reputation.
Combined with 8.2.7; 8.4.12; 8.4.14; 8.4.15; 8.4.27; 8.5.2; 8.5.3 & 8.5.4, New Rules 8.4.4 & 8.4.5
8.4.27.
You must wear an ID badge, that:
includes your identity as a fundraiser, who you work for and a phone number for the relevant charitable institution or third-party fundraiser;
is clearly displayed and has not been tampered with;
is in the form of a badge fixed to the upper front part of your body;
is at least the size of a credit card;
is signed or authorised in some other way (for example, with a company seal or stamp) by the employing agency or the charity you are collecting on behalf of (or both); and
is accessible for people with sight difficulties (for example, the information on the ID badge could be available in large print).
Combined with 8.2.7; 8.4.12; 8.4.14; 8.4.15; 8.4.26; 8.5.2; 8.5.3 & 8.5.4, New Rules 8.4.4 & 8.4.5
8.4.28.
If you have approached a member of the public, you must meet the ‘three-step’ rule.
You must not take more than three steps alongside the person or to follow them, even if they ask you to.
If the member of the public has 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.
Combined with 8.1.2; 8.1.3; 8.1.6; 8.1.7; 8.1.8; 8.4.16, 8.4.18, 8.4.19 & 8.4.25, New Rules 8.2.1 and 8.2.2
8.5. Static collections
In this section, ‘you’ means a charitable institution or third-party fundraiser, unless we tell you otherwise.
Renamed 8.5 Unstaffed collections
8.5.1.
If you are the organiser of the collection, you must get the permission of the site owner or those with authority to give you permission to hold a static collection on the site. The permission must be in writing.
Combined with 8.2.1; 8.2.2; 8.2.3; 8.2.4; 8.2.5; 8.3.1; 8.4.18; 8.4.20; 8.4.21; 8.4.22 & 8.4.24, New Rule 8.4.1
8.5.2.
If you are the organiser of the collection, you must give a letter, certificate of authority or badge to anyone you have authorised to collect on your behalf. The letter, certificate or badge should contain information that identifies them as a collector and identifies any organisations carrying out or benefiting from the collection. The specific information that must be included for different categories of collector is as follows.
For collectors who are directly employed by the charitable institution benefiting or who are acting as ‘on-behalf-of’ volunteers:
the collector’s name;
the name and contact details of the charitable institution benefiting from the collection; and
the name of the organiser (if different to the collector or charitable institution benefiting from the collection).
For collectors working for a third-party fundraiser:
the collector’s name;
the name and contact details of the third-party fundraiser; and
the name and contact details of the charitable institution benefiting from the collection.
For collectors who are ‘in-aid-of’ volunteers if the charitable institution knows about the collection and has approved it:
the collector’s name;
the contact details of the organiser;
the name of the charitable institution benefiting from the collection; and
the name of the organiser if this is different to the collector.
Combined with 8.2.7; 8.4.12; 8.4.14; 8.4.15; 8.4.26; 8.4.27; 8.5.3 & 8.5.4, New Rules 8.4.4 & 8.4.5
8.5.3.
If you are the collector, you must have a letter, certificate of authority or badge as described above.
Combined with 8.2.7; 8.4.12; 8.4.14; 8.4.15; 8.4.26; 8.4.27; 8.5.2 & 8.5.4, New Rules 8.4.4 & 8.4.5
8.5.4.
If you are the collector, you must show your certificate of authority to the site owner or those with authority to grant permission to hold a static collection on the premises.
Combined with 8.2.7; 8.4.12; 8.4.14; 8.4.15; 8.4.26; 8.4.27; 8.5.2 & 8.5.3, New Rules 8.4.4 & 8.4.5
8.5.5.
If you are the collector, you must make it clear to the site owner or those holding a static collection on the premises that if a box is lost or stolen, or if they want to end the collection, they need to contact you (preferably in writing).
Replaced with signposting to legislation/guidance
New rules
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.
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.
Current Code
Changes
9.1. General standards
In this section, ‘you’ means a charitable institution or third-party fundraiser.
No change
9.1.1.
You must meet the UK Code of Non-broadcast Advertising and Direct and Promotional Marketing (CAP Code) and the UK Code of Broadcast Advertising (BCAP Code) and make sure all advertisements are legal, decent, honest and truthful.
Replaced with signposting to the ASA
9.1.2.
You must be able to show that you have taken all reasonable steps to make sure that communications are suitable for the people they are aimed at.
Combined with 9.1.3; 9.1.4 & 9.1.5, New Rules 9.1.1 & 9.1.2
New Rule 9.1.1:
"You must ensure the content and methods of delivery for your fundraising communications are responsible and suitable for the people they are aimed at."
New Rule 9.1.2:
"You must not use claims or images in your fundraising communications that people may find shocking merely to attract attention. If you do use shocking content, you should include warnings about this."
9.1.3.
Your marketing communications must not contain anything that is likely to cause serious or widespread offence. You must take particular care to avoid causing offence on the grounds of race, age, religion, sex, sexual orientation or disability. This will vary according to the context, type of communication, audience, product and commonly accepted standards of decency at the time of the communication.
Combined with 9.1.2; 9.1.4 & 9.1.5, New Rules 9.1.1 & 9.1.2
9.1.4.
Your marketing communications must not contain anything that is likely to cause fear or distress without a justifiable reason. If you can justify it, the fear or distress likely to be caused must not be excessive.
Combined with 9.1.3; 9.1.4 & 9.1.5, New Rules 9.1.1 & 9.1.2
9.1.5.
You must not use a claim or image that some people may find shocking merely to attract attention. If you use images that some people may find shocking, you should give warnings about this material.
Combined with 9.1.3; 9.1.4 & 9.1.4, New Rules 9.1.1 & 9.1.2
9.1.6.
You must make sure literature includes all information that you have to include by law, for example, registered charity status or number, full company name and registered office if this applies.
Replaced with signposting to legislation/guidance
9.1.7.
If you are fundraising in partnership with one or more charitable institutions, you must state how the money will be split between the organisations.
No wording changes, New Rule 9.2.2
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.
Combined with 3.4.1; 3.4.2 & 15.3.2, New Rules 9.1.4 & 9.1.5:
New Rule 9.1.4:
"You must be able to show that all case studies are representative of real situations. If details have been changed in a case study, you must make this clear."
New Rule 9.1.5:
"You must get a person’s clear and informed permission before using them as a case study."
Added wording below rule:
"If the person has died, you must take all reasonable steps to get permission from their estate."
9.1.9.
You must be able to justify how often you contact people, balancing the need to communicate with not overwhelming or bombarding people.
No wording changes, New Rule 9.4.2
9.1.10.
You must meet trademark and copyright law and make sure that you get permission to use images, logos and so on from the people or organisations who hold the rights to these.
Replaced with signposting to legislation/guidance
Further requirements for England
9.1.11.
You must make sure that public advertisements for an event meet the Town and Country Planning Act 1990 (as amended), the Control of Advertisements Regulations 2007 (as amended) issued under it, or the Highways Act 1980.
Replaced with signposting to legislation/guidance
Further requirements for Scotland
9.1.12.
You must make sure that public advertisements meet the Town and Country Planning (Scotland) Act 1997 and the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984, as amended in 1992."
Replaced with signposting to legislation/guidance
9.2. References in documents
In this section, ‘you’ means a charitable institution or third-party fundraiser, unless we tell you otherwise.
Subsection renamed:
9.2 Required information in fundraising communications and online content
In this section, ‘you’ means a charitable institution or third-party fundraiser.
General standards
Charitable institutions that are registered companies must meet the requirements under the Companies (Trading Disclosures) Regulations 2008 as well as any charity law rules that apply in the country you are fundraising in.
Replaced with signposting to legislation/guidance
9.2.1.
You must make sure that your business letters, order forms and website state:
your registered company’s full name (even if elsewhere you also use an abbreviated or ‘trading name’);
your company number;
the place of registration of your company (for example, England and Wales or Scotland);
the address of your registered office (if more than one address is mentioned, it must be clear which is the registered office); and
that the charitable institution is a limited company if your name does not include the word ‘Limited’.
If the names of your directors are included on your company letterhead (which is not compulsory), you must name all the directors.
Replaced with signposting to legislation/guidance
9.2.2.
You must also give your company’s full registered name on all notices and other official publications, all cheques, bills of exchange, promissory notes (a signed document promising to pay a stated amount to a certain person on a stated date or when asked) and endorsements, all orders for money, goods or services, all invoices and other demands for payment, receipts and credit notes, all applications for licences to carry out a trade or activity, and all other types of business correspondence and documents.
Replaced with signposting to legislation/guidance
Further requirements for England and Wales
9.2.3.
If you are a registered charity with a gross income of over £10,000 in the last financial year, you must state that your charity is registered on all fundraising notices, advertisements and documents issued by you or on your behalf.
Replaced with signposting to legislation/guidance
9.2.4.
If you are a registered company, you must include your company number, place of registration (for example, England and Wales) and the address of your registered office if the fundraising material takes the form of a business letter or is published on your website. As a registered company, you must give the name of the charity on all fundraising materials that are produced in any of the following forms.
Business letters
Notices and other official publications
Bills of exchange, promissory notes, endorsements, cheques and orders for money or goods signed on behalf of the charity
Any documents relating to selling or buying an interest in land
Bills, invoices, receipts and letters of credit
Replaced with signposting to legislation/guidance
9.2.5.
If you are a registered company and your name does not include the word ‘Limited’, you must also include a statement that you are a limited company on all business correspondence.
Replaced with signposting to legislation/guidance
Further requirements for Scotland
9.2.6.
If you are a charity registered in Scotland, you must meet the Charities References in Documents (Scotland) Regulations 2007. If you are a Scottish Charitable Incorporated Organisation (SCIO), you must meet section 52 of the Charities and Trustee Investment (Scotland) Act 2005 and the Scottish Charitable Incorporated Organisations Regulations 2011 in relation to the statements you make.
Replaced with signposting to legislation/guidance
9.2.7.
If you are a charity registered in Scotland, you must give the following information in your documents.
Your full name and any other name you commonly use.
Your Scottish charity number.
If your name does not include ‘charity’ or ‘charitable’, you must state that you are a charity.
Replaced with signposting to legislation/guidance
9.2.8.
You must state the above information in all business letters, emails, advertisements, notices, official publications, any document asking for money or other property for the charity, promissory notes, endorsements, orders for money or goods, bills, invoices, receipts, letters of credit, statutory accounts, educational or campaign documents, documents which create, transfer, vary or remove an interest in land, contracts and bills of exchange (except cheques), and on the home page of your website.
Replaced with signposting to legislation/guidance
9.2.9.
You must use the term ‘charity’, ‘charitable body’, ‘registered charity’, or ‘charity registered in Scotland’. The terms ‘Scottish charity’ and ‘registered Scottish charity’ must only be used for charities established in Scotland or which are fully or mainly managed or controlled in Scotland.
Replaced with signposting to legislation/guidance
9.2.10.
If you are a SCIO, the information must include your full name and, if your name does not include your legal status, you must state that you are a SCIO. You must state your charity number and, when stating that you are a SCIO, you must write ‘Scottish Charitable Incorporated Organisation' in full rather than using ‘SCIO’.
Replaced with signposting to legislation/guidance
9.2.11.
The above standards apply to documents which are issued or signed by others on your behalf as well as by you. All charities registered in Scotland must meet these standards no matter what their size or income. However, new charities (other than SCIOs) do not have to keep to this standard for the first six months.
Replaced with signposting to legislation/guidance
9.2.12.
Scottish charitable companies must meet section 112(6) of the Companies Act 1989. If your name does not include ‘charity’ or ‘charitable’, you must reveal your charitable status on all business letters, all notices and other official publications, all bills of exchange, promissory notes, endorsements, cheques, orders for money or goods signed by or on your behalf, all agreements to transfer property from one owner to another which you have signed, all bills of parcels, invoices, receipts, and credit notes. Unlike the charity law rules, this also applies to cheques. Any person acting on behalf of a charitable company who issues a cheque without this statement is committing an offence and will be personally liable for the amount due on the cheque if you do not honour it.
Replaced with signposting to legislation/guidance
Further requirements for Northern Ireland
9.2.13.
If you are a registered charity you must state that your charity is registered on all fundraising notices, advertisements and documents issued by you or on your behalf. This includes the following.
Notices and other official publications
Bills of exchange, promissory notes, endorsements, cheques and orders for money or goods signed on behalf of the charity
Bills, invoices, receipts and letters of credit
Replaced with signposting to legislation/guidance
9.2.14.
If you are a registered company, you must include your company number, place of registration (for example, Northern Ireland) and the address of your registered office if the fundraising material takes the form of a business letter or is published on your website. As a registered company, you must give the name of the charity on all fundraising materials that are produced in any of the following forms.
Business letters
Notices and other official publications
Bills of exchange, promissory notes, endorsements, cheques and orders for money or goods signed on behalf of the charity
Any documents relating to selling or buying an interest in land
Bills, invoices, receipts and letters of credit
Replaced with signposting to legislation/guidance
9.2.15.
If you are a registered company and your name does not include the word ‘Limited’, you must also include a statement that you are a limited company on all business correspondence.
Replaced with signposting to legislation/guidance
9.3. Fundraising by mail
In this section, ‘you’ means a charitable institution or third-party fundraiser.
Subsection renamed:
9.4 Opt Outs and Consent
In this section, ‘you’ means a charitable institution or third-party fundraiser.
9.3.1.
As well as keeping to standards in Section 3 Processing personal data (information), you must not send direct marketing mailings to people who have registered with the Mailing Preference Service (MPS) if you cannot show any evidence of a previous relationship with that person.
Combined with 9.3.2, New Rule 9.4.1:
"You must ensure that fundraising communications are not sent to people who have indicated they do not wish to receive them."
9.3.2.
You must consider whether a person has registered with the MPS as part of your assessment as to whether you have a legitimate interest if you are planning to process a person’s data for direct marketing purposes under the legitimate interest condition.
Combined with 9.3.1, New Rule 9.4.1
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.
Combined with 9.3.4 & 9.3.5, New Rule 9.1.6:
"You must take due care when including enclosures in fundraising materials. This includes ensuring enclosures:
- strengthen your message and do not encourage a donation based on guilt or embarrassment;
- are safe for the person receiving them; and
- are delivered in a way that does not cause undue inconvenience."
9.3.4.
You must consider whether any enclosures are safe for the person receiving them.
Combined with 9.3.3 & 9.3.5, New Rule 9.1.6
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.
Combined with 9.3.3 & 9.3.4, New Rule 9.1.6
9.4. Fundraising by telephone
In this section, ‘you’ means a charitable institution or third-party fundraiser.
Subsection renamed:
9.3 Fundraising Calls
In this section, ‘you’ means a charitable institution or third-party fundraiser.
9.4.1.
If you are carrying out live fundraising phone calls, you must be able to show that you are meeting the legal requirements of the TPS.
Replaced with signposting to TPS
9.4.2.
You must not make marketing phone calls to the following people.
Anyone who has registered with the TPS or CTPS, unless that person has told you that they agree to receiving direct marketing calls from you for the time being.
Anyone who has asked you to stop or not begin direct marketing, as outlined in section 3 Processing personal data (information).
Replaced with signposting to legislation/guidance
9.4.3.
You must have a written agreement in place which states that subcontractors must meet relevant data protection legislation and PECR.
<p><hr></p><p>Replaced with signposting to legislation/guidance</p>
9.4.4.
You must not call anyone using an automated dialling system unless that person has agreed to this.
Replaced with signposting to legislation/guidance
9.4.5.
You must not call anyone you know is under the age of 16.
Combined with 9.4.6; 9.4.10; 9.4.16; 9.4.17 & 9.4.18, New Rules 9.3.1; 9.3.2 & 9.3.3
New Rule 9.3.1:
"You must not make fundraising calls:
- To anyone you have reason to believe is under 16;
- After 9pm except to people who have asked you to call after then; or
- By dialling random numbers generated manually or automatically"
New Rule 9.3.2:
"At the start of a fundraising call, you must:
- Check the person is happy for you to contact them at that time; and
- Make clear you are asking for financial or other support (this includes when leaving a voicemail)"
New Rule 9.3.3:
"You must ensure your fundraising calls are conducted responsibly. This includes:
- Not asking for a financial contribution more than three times in a single call."
9.4.6.
You must not generate telephone fundraising calls by dialling random numbers, whether dialling is done manually or by computer."
Combined with 9.4.5; 9.4.10; 9.4.16; 9.4.17 & 9.4.18, New Rules 9.3.1; 9.3.2 & 9.3.3
9.4.7.
You must not claim that marketing calls are administrative calls.
Replaced with signposting to legislation/guidance
During the call
9.4.8.
You must make every fundraising call using a phone number which can be identified by the person receiving it and which they can return the call to.
Replaced with signposting to legislation/guidance
9.4.9.
You must not make automated phone calls to people unless you have their consent.
Replaced with signposting to legislation/guidance
9.4.10.
You must not make calls after 9pm, except to people who have asked you to call after this time.
Combined with 9.4.5; 9.4.6; 9.4.16; 9.4.17 & 9.4.18, New Rules 9.3.1; 9.3.2 & 9.3.3
9.4.11.
You must give your name and the name of the charitable institution you are fundraising for when making a direct marketing call.
Replaced with signposting to legislation/guidance
9.4.12.
If the phone call is your first contact with a donor, you must ask if they are happy for you to contact them at that time. If they ask you not to call again, you must not do so.
Replaced with signposting to legislation/guidance
9.4.13.
If the person asks for one, you must provide a valid business address or freephone number that they can use to contact you.
Replaced with signposting to legislation/guidance
9.4.14.
If you use a professional fundraiser to ask for donations by phone, they must give the identity of the charitable institution they are making the call for, along with a solicitation statement.
Replaced with signposting to legislation/guidance
9.4.15.
You must avoid persistent misuse of an electronic communications network or service to contact donors (including making silent or abandoned calls).
Replaced with signposting to legislation/guidance
9.4.16.
You must make clear that you are asking for financial or other types of support.
Combined with 9.4.5; 9.4.6; 9.4.10; 9.4.17 & 9.4.18, New Rules 9.3.1; 9.3.2 & 9.3.3
9.4.17.
You must not ask for a financial contribution more than three times during a fundraising phone call.
Combined with 9.4.5; 9.4.6; 9.4.10; 9.4.16 & 9.4.18, New Rules 9.3.1; 9.3.2 & 9.3.3
9.4.18.
You must make the purpose of the call clear if you are leaving a voicemail."
Combined with 9.4.5; 9.4.6; 9.4.10; 9.4.16 & 9.4.17, New Rules 9.3.1; 9.3.2 & 9.3.3
New rules
9.1.3
You must ensure information about charitable institutions and fundraising activities is accurate in fundraising communications.
9.2.1
You must ensure your contact details and information about how you process personal data is easily accessible on your website and any environment where you collect personal data.
9.4.3
You must use a simple opt-out message for people to tell you if they don’t want to receive messages from you. This includes offering an option to reply to mobile messages to opt out.
Current code
Changes
10.1. Digital media
In this section, ‘you’ means a charitable institution, a third-party fundraiser or an online fundraising platform.
Sub-Section Removed
10.1.1.
In England, Scotland and Wales, you must meet the Equality Act 2010 (so far as it applies in the area in which you are fundraising) and must make ‘reasonable adjustments’ to meet the needs of all users. In Northern Ireland, you must not discriminate against people with characteristics that are protected under the laws of Northern Ireland. You can get more information from the Equality Commission for Northern Ireland.
Replaced with signposting to legislation/guidance
10.1.2
You must make sure that your contact information is easy to find on your website.
Rule no longer required - covered in New Rule 9.2.1
10.1.3.
You must meet the Privacy and Electronic Communications (EC Directive) Regulations 2003 (as amended in 2011) and wider data protection requirements.
Removed and incorporated into Section 3
10.1.4.
You must let users know if the website uses cookies. The way you do this must be suitably prominent and understandable to make sure that if the user agrees to you using cookies, this decision is informed.
Removed and incorporated into Section 3
10.1.5.
You must clearly explain how you collect and use personal data, for example, through a privacy policy or statement.
Removed and incorporated into Section 3
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.
Rule no longer required - covered in New Rule 9.2.2
10.2. Online fundraising platforms In this section, ‘you’ means an online fundraising platform.
Sub-Section Renamed: 10.1 Responsibilities of online fundraising platforms In this section, ‘you’ means an online fundraising platform.
10.2.1.
If you charge fees for hosting a fundraising campaign (for example, platform fees, a proportion of the donation or Gift Aid, payment transaction fees, administrative fees, or monthly or yearly subscription fees paid by a charity or fundraiser), you must make sure that the following details are clearly visible to people donating through your site and are displayed before the point at which you ask for their financial details. How your pay will be calculated (for example, as a percentage of the Gift Aid, a fee charged on each donation or X pounds (or pence) of each donation). How much you will receive, if you know this at the time of the donation. (If you don’t know the exact amount, give an example that demonstrates how much your organisation would receive on an imaginary donation.)
Reworded, New Rule 10.1.3:
"If you charge fees for hosting a fundraising campaign, you must ensure the following information is clearly visible to donors before you ask for their financial details:
• How your fee will be calculated (for example, as a percentage of the Gift Aid, a fixed or percentage charge on each donation etc).
• How much you will receive for their donation (If you don’t know the exact amount at the time of donation, give an example that demonstrates how much you receive on a representative donation e.g. £10).
• How your fee can be amended or removed, if possible."
Responsibilities of online fundraising platforms
10.2.2.
You must provide a link to our guidance for those setting up a fundraising page on your website.
Combined with 10.2.3; 10.2.7 & 10.2.9, New Rule 10.1.2:
"You must provide an easily accessible link to our guidance for those setting up a fundraising page before users are able to accept donations on your platform. Users must agree to follow this guidance and keep to relevant sections of the code as a condition of using your platform."
Added wording below rule:
"If necessary, this will allow you to suspend a user if their page breaches the code."
10.2.3.
You must make sure our guidance is: easily accessible for those setting up a fundraising page on your site; and available before the point at which donation pages become active.
Combined with 10.2.2; 10.2.7 & 10.2.9, New Rule 10.1.2
10.2.4.
You must also publish good-practice guidance for those setting up a fundraising page on your website.
Rule removed - no longer required
10.2.5.
Your guidance must highlight things fundraisers should consider when planning their appeal to prospective donors. This must include the implications of raising money for a cause where no charitable institution is identified as the beneficiary, including: the possibility that a personal crowdfunding appeal may itself need to be registered as a charity with the relevant regulatory body; and if you are a charity, that the appeal will need to meet the legal requirements for public benefit.
Removed
10.2.6.
You must publish guidance that highlights the following requirements which fundraisers should include when publicising their appeal to prospective donors through their fundraising page on your site. Who is organising the appeal. Whether the money raised is for a specific purpose or for the person receiving it to use as they see fit. If the money is for a charitable institution and will be used for a specific purpose, fundraisers must contact the charitable institution to make sure they are aware and happy to receive the money for this purpose. For more standards on money given for restricted purposes, see section 2.7 Using funds. What the target of the appeal will be, if this applies. This might be a time target or a financial target. Whether the fundraiser is raising money on behalf of or for a charitable institution and, if this applies, the name of the charitable institution. How people can donate, including, where relevant, alternative ways of donating to the appeal and ways to increase donations through Gift Aid. What deductions will be made for expenses. What the fundraiser will do with the money if: they do not raise enough to meet their target; they raise more than their target; or the original purpose for which they are asking for donations is no longer valid for any reason.
Removed
10.2.7.
You must ask those setting up a fundraising page on your site to confirm that they have read and understood the guidance using a clear and positive action before the donation page is published (for example, using active methods such as ticking unticked boxes).
Combined with 10.2.2; 10.2.3 & 10.2.9, New Rule 10.1.2
10.2.8.
You must take reasonable measures to avoid fraudulent activity and money laundering through your site. If the money raised is not going straight to the bank account of a charitable institution, you must make it clear, before a donation is made, that donors give at their own risk.
Reworded, New Rule 10.1.1:
"You must take all reasonable steps to ensure charitable fundraising on your platform is conducted responsibly. This includes:
• Keeping up to date with the Code of Fundraising Practice and guidance from the Fundraising Regulator;
• Complying with relevant guidance for fundraising platforms; and
• Addressing inappropriate charitable fundraising campaigns."
10.2.9.
You must state that your users need to keep to the sections of the code that apply to their fundraising as a condition of using your site and that you have the right to end or suspend their use of the site if necessary.
Combined with 10.2.2; 10.2.3 & 10.2.7, New Rule 10.1.2
Data protection and privacy
10.2.10.
You must meet all relevant data protection laws. Personal details of donors and fundraisers must only be passed from your organisation to another if you are allowed to do this by law (this is known as having a lawful basis to do so). For more information, see section 3 Processing personal data (information).
Removed and incorporated into Section 3
Payment services
10.2.11.
If these apply, you must meet:
all legal requirements relating to the Payment Services Regulations 2017; and
all relevant financial services laws and regulations.
Replaced with signposting to legislation/guidance
10.3. Messages to mobile devices
In this section, ‘you’ means a charitable institution or third-party fundraiser.
Sub-section moved to Section 9 to become 9.4 Opt Outs and Consent
10.3.1.
You must register with the Phone-Paid Services Authority (PSA) and meet its Code of Practice, when using premium-rate text messages, unless the services are exempt (as defined in the Phone-paid Services Authority Code of Practice).
Replaced with signposting to legislation/guidance
10.3.2.
You must only send marketing messages to mobile phones belonging to individuals if those people have already given you permission to do this.
Replaced with signposting to legislation/guidance
10.3.3.
You must make the process people need to follow to register to receive messages clear on all relevant documents, including websites. And you must include procedures for unsubscribing from messages on all marketing messages you send.
Replaced with signposting to legislation/guidance
10.3.4.
You must use a simple opt-out message for people to tell you if they don’t want to receive messages from you.
Combined with 10.3.7, New Rules 9.4.2 & 9.4.3
10.3.5.
You must make sure that users can opt out of any marketing message, free of charge (except for the costs of sending the opt-out message).
Replaced with signposting to legislation/guidance
10.3.6.
You must make the cost of premium-rate messages clear to donors and must explain how and when they will be billed.
Replaced with signposting to legislation/guidance
10.3.7.
You must offer an option for people to reply by text message to opt out of receiving further messages, and this must be clear in all marketing.
Combined with 10.3.4 to create New Rules 9.4.2 & 9.4.3 on opt-outs
10.3.8.
For competitions and prize draws, you must provide a clear and simple method of accessing any terms and conditions and you must publish the identity of the promoter.
Moved to section 12 and reworded
New Rule 12.1.2
10.3.9.
When receiving donations by text message, you must use charity short codes.
Moved to Sub-Section 8.4 Unstaffed Collections
New Rule 8.4.4
10.4. Bulk email
Sub-section removed
10.4.1.
You must not send bulk emails from a named person’s email account.
Removed
Current code
Changes
11.1. Venues, locations and equipment
In this section, ‘you’ means a charitable institution or third-party fundraiser, unless we tell you otherwise.
Sub-Section Removed
11.1.1.
When identifying a suitable venue or location for an event, you:
must consider issues of equal access for all, even if an event is being targeted at a specific group of people;
must make sure the venue meets the legal requirements on health and safety; and
must make sure the venue or location is fit for purpose, taking note of any restrictions, and be able to justify any environmental effect the event might have.
Replaced with signposting to legislation/guidance
11.1.2.
If any specialist equipment is needed by (or recommended for) anyone taking part, you must give a list to each team or person taking part in enough time for them to borrow or buy any necessary items. The list should say who is responsible for the kit and who it is suitable for. People taking part must not go ahead if the equipment mentioned above is not suitable.
Removed, incorporated into Events Guidance
11.1.3.
If those taking part need to use vehicles, you must tell them to take rest stops and plan their journey in a way that recognises road safety, especially speed limits.
Removed, incorporated into Events Guidance
11.2. Risk assessment and insurance
In this section, ‘you’ means a charitable institution or third-party fundraiser, unless we tell you otherwise.
Subsection combined with 11.3 to make Sub-section 11.1:
11.1 Planning the Event
In this section, ‘you’ means a charitable institution or third-party fundraiser.
11.2.1.
If you are an employer, you must carry out a suitable risk assessment before holding an event of any size. Other fundraisers (who are not employers) must carry out a risk assessment if it is reasonable to do so.
Replaced with signposting to legislation/guidance
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.
Combined with 11.2.4; 11.6.3 & 11.10.1, New Rules 11.1.1; 11.1.2 & 11.1.3
New Rule 11.1.1:
"You must carry out an appropriate risk assessment before holding an event. This includes:
• Being clear who is insuring against which risk (e.g. you or a building owner);
• Setting out specific responsibilities and risk when working with a third party."
Added wording below rule:
"If you are an employer, under The Management of Health and Safety at Work Regulations 1999 or the Management of Health and Safety at Work Regulations (Northern Ireland) 2000 you you are legally required to carry out a risk assessment."
New Rule 11.1.2:
"You must ensure health and safety arrangements are suitable for the event you are holding.
New Rule 11.1.3:
"You must have a plan to cover all situations you could reasonably anticipate at the event and ensure people involved understand what you expect of them."
11.2.3.
You must make sure that any insurance policies you have to have by law are in place. You must make sure you have sufficient third-party public-liability cover in place and must consider whether you should take out any other insurance cover.
Replaced with signposting to legislation/guidance
11.2.4.
You must be clear who (for example, you or the building owner) is insuring against which risk.
Combined with 11.2.1; 11.6.3 & 11.10.1, New Rules 11.1.1; 11.1.2 & 11.1.3
11.3. Licences and permission
In this section, ‘you’ means a charitable institution or third-party fundraiser, unless we tell you otherwise.
Sub-Section combined with 11.2 to make Sub-section 11.1
11.1 Planning the Event
In this section, ‘you’ means a charitable institution or third-party fundraiser.
11.3.1.
You must make sure that you have any permission or licences you need for the event from the local authority or other relevant body.
Combined with 11.3.2; 11.3.3; 11.3.4; 11.3.5; 11.3.6; 11.3.7 & 11.4.2, New Rule 11.1.4:
"You must ensure you have relevant permissions or licenses for the event and meet any relevant local guidance that applies to the event or the site"
11.3.2.
If you are planning an event in England and Wales on private property, you must get permission if this is needed. In Northern Ireland you must get permission from the land owner if this is needed.
Combined with 11.3.1; 11.3.3; 11.3.4; 11.3.5; 11.3.6; 11.3.7 & 11.4.2, New Rule 11.1.4
11.3.3.
In Scotland, the rules are more complicated and, although generally there is no absolute legal requirement to do so, you must be able to show you have made reasonable attempts to get permission from land managers to make sure that you do not break the requirement to exercise access rights responsibly.
Combined with 11.3.1; 11.3.3; 11.3.4; 11.3.5; 11.3.6; 11.3.7 & 11.4.2, New Rule 11.1.4
11.3.4.
You must not have more than the maximum number of people allowed to take part in an event under the relevant permission, licence or local conditions. In some cases this will be a legal requirement that you must keep to under the licence agreement. Having more than the maximum numbers could also mean that any insurance you have taken out for the event is no longer valid.
Combined with 11.3.1; 11.3.3; 11.3.4; 11.3.5; 11.3.6; 11.3.7 & 11.4.2, New Rule 11.1.4
11.3.5.
You must meet relevant local guidance or information that applies to the site you are using when planning an event.
Combined with 11.3.1; 11.3.3; 11.3.4; 11.3.5; 11.3.6; 11.3.7 & 11.4.2, New Rule 11.1.4
11.3.6.
You must keep to the Countryside Code in England and Wales, the Scottish Outdoor Access Code in Scotland and the Northern Ireland Countryside Code in Northern Ireland.
Combined with 11.3.1; 11.3.3; 11.3.4; 11.3.5; 11.3.6; 11.3.7 & 11.4.2, New Rule 11.1.4
Specific considerations for open access land (England and Wales)
11.3.7.
If you plan to use open access land in England and Wales, you must:
meet the Countryside and Rights of Way Act 2000 (the act) if it applies;
make sure your activity is allowed under the act; and
check whether you need permission from land owners for the activity (and if so, get permission).
Combined with 11.3.1; 11.3.3; 11.3.4; 11.3.5; 11.3.6; 11.3.7 & 11.4.2, New Rule 11.1.4
11.4. People taking part in a fundraising event
In this section, ‘you’ means a charitable institution or third-party fundraiser, unless we tell you otherwise.
Sub-Section combined with 11.6 & 11.9 to make Sub-Section 11.3:
11.3 Recruiting Participants and Collecting Funds
In this section, ‘you’ means a charitable institution or third-party fundraiser.
11.4.1.
If you refuse permission for a person to take part in an event, you must meet consumer and discrimination laws.
Replaced with signposting to legislation/guidance
11.4.2.
You must get any permission you need by law for a person to be involved in an event in writing before the event. (This includes, where relevant, accepting legal terms and conditions and to protect health and safety.)
Combined with 11.3.1; 11.3.2; 11.3.3; 11.3.4; 11.3.5; 11.3.6 & 11.3.7, New Rule 11.1.4
11.4.3.
You must make sure people taking part are aware of any fundraising targets they are expected to meet.
Combined with 11.4.4, New Rule 11.3.1:
"You must ensure participants are aware of the following before taking part in a fundraising event:
• Any fundraising targets they are expected to meet; and
• Any age, level of fitness, preparation or training is required to take part safely."
11.4.4.
If a certain age, level of fitness, preparation or training is necessary for a person to be able to take part safely, you must agree this beforehand with the people involved.
Combined with 11.4.3, New Rule 11.3.1
11.5. Promoting an event
In this section, ‘you’ means a charitable institution or third-party fundraiser, unless we tell you otherwise.
Sub-Section renumbered 11.2
11.2 Promoting an Event
In this section, ‘you’ means a charitable institution or third-party fundraiser.
11.5.1.
In all promotional materials about taking part in an event, particularly materials sent as part of ‘fundraising packs’, you must clearly indicate if any part of the money a person taking part raises will be used towards their expenses or otherwise to benefit them.
Combined with 11.5.2; 11.5.3; 11.5.4 & 11.5.5, New Rule 11.2.1:
"You must ensure materials encouraging people to take part in an event and sent to those who have signed up provide clear information about the nature of the event and how donations will be used. This includes:
• Whether any part of the money raised will be used to directly benefit the participant, for example by covering expenses.
• Whether a participant must pay a personal registration fee.
• Clear information about the commitments from participants."
Added wording below rule:
"All marketing materials relating to your event must be clear and accurate in line with the Advertising Standards Authority’s rules, in particular about how the money raised by the event will be used."
11.5.2.
If you use recruitment materials such as adverts in the press, that are designed to encourage people to take part in an event, you must not mislead readers into believing that their commitment would be limited to any minimum personal registration fee.
Combined with 11.5.1; 11.5.3; 11.5.4 & 11.5.5, New Rule 11.2.1
11.5.3.
You must make sure that all marketing materials have accurate and clear details of the event and clearly state how the money raised from the event will be used.
Combined with 11.5.1; 11.5.3; 11.5.4 & 11.5.5, New Rule 11.2.1
11.5.4.
If the person taking part does not personally pay the whole cost of the trip, but uses some of the sponsorship money for this purpose, you must make sure they know that they must make this clear to every donor.
Combined with 11.5.1; 11.5.3; 11.5.4 & 11.5.5, New Rule 11.2.1
11.5.5.
If merchandise sales or fundraising events (such as challenge events) are carried out through a trading company, you must make this clear on relevant communications or web pages.
Combined with 11.5.1; 11.5.3; 11.5.4 & 11.5.5, New Rule 11.2.1
11.6. Cancelling an event and contingency plans
In this section, ‘you’ means a charitable institution or third-party fundraiser, unless we tell you otherwise.
Sub-Section combined with 11.4 & 11.9 to make Sub-Section 11.3 Recruiting Participants and Collecting Funds
11.6.1.
You must make sure that sponsorship forms are clear about whether the fundraiser needs to meet any conditions in return for the sponsorship money (for example, run a marathon).
Combined with 11.6.2, New Rule 11.3.2:
"You must ensure sponsorship forms are clear about any conditions participants need to meet to receive the sponsorship money (for example completing a marathon). If the event is then cancelled or the participant cannot meet these conditions for some reason, the person who collected the donations must:
• Contact all donors and ask if they are happy for the money to still go to the charitable institution.
• If they are not happy with this, you must refund the donation."
Added wording below rule:
"If sponsorship money is given without conditions, it automatically belongs to your charitable institution, whether or not an activity is completed."
11.6.2.
If sponsorship money is given under certain conditions and the sponsored event is cancelled, or a person is unable or unwilling to take part in or complete the event for any reason, the person who collected the sponsorship money must contact donors and ask if they are still happy for the money to go to your charitable institution, and issue refunds if they are not. If sponsorship money is given without conditions, it automatically belongs to your charitable institution, whether or not an activity is completed.
Combined with 11.6.1, New Rule 11.3.2
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.
Combined with 11.2.1; 11.2.4 & 11.10.1, New Rules 11.1.1; 11.1.2 & 11.1.3
11.7. On the day
In this section, ‘you’ means a charitable institution or third-party fundraiser, unless we tell you otherwise.
Sub-section removed
Safety
11.7.1.
Before the event, you must carry out a final check to make sure everything is in place, especially fire exits, first aid and equipment.
Removed, incorporated into Events Guidance
11.7.2.
You must put in place procedures at the event to avoid congestion (in particular, if an emergency evacuation is needed).
Removed, incorporated into Events Guidance
11.7.3.
You must have marshals and stewards with relevant experience, where necessary.
Removed, incorporated into Events Guidance
Selling and trading
11.7.4.
If you are a charitable institution and will be selling products or services at an event, you must make sure you are allowed to trade under the documents that govern your organisation. If you are a charity, you must consider the tax consequences of trading within the charity.
Replaced with signposting to legislation/guidance
11.7.5.
You must make sure that any product being sold at the event meets relevant safety standards.
Replaced with signposting to legislation/guidance
11.7.6.
You must make sure that any food being supplied meets hygiene regulations (the Food Hygiene (England) Regulations 2006, the Food Hygiene (Wales) Regulations 2006, the Food Hygiene (Scotland) Regulations 2006 or the Food Hygiene (Northern Ireland) Regulations 2006). For more details, contact the environmental health department of the relevant local authority.
Replaced with signposting to legislation/guidance
11.7.7.
If you are selling or providing alcohol, you must have the relevant licences and permission, and keep to any age limit
Replaced with signposting to legislation/guidance
11.8. Financial procedures
In this section, ‘you’ means a charitable institution or third-party fundraiser, unless we tell you otherwise.
Sub-Section removed
11.8.1.
You must meet any tax and VAT laws and regulations that apply to the event, including those related to record keeping.
Replaced with signposting to legislation/guidance
11.8.2.
You must have financial procedures in place for money received before or during an event.
Replaced with signposting to Section 4
11.9. After the event
In this section, ‘you’ means a charitable institution.
Sub-Section combined with 11.4 & 11.6 to make Sub-Section 11.3 Recruiting Participants and Collecting Funds
11.9.1.
If you are a charitable institution, you must have procedures or a policy for following up donors who have not paid or who have not met any minimum sponsorship requirements.
Reworded, New Rule 11.3.3:
"Charitable institutions must have procedures or a policy to cover:
• How you will follow up on participants who have not met any minimum sponsorship requirements; and
• How the person collecting donations should follow up donors who have not paid."
11.10. Events organised by third parties
In this section, ‘you’ means a charitable institution or third-party fundraiser, unless we tell you otherwise.
Sub-Section removed
11.10.1.
You must have an agreement with the event organiser, which sets out specific responsibilities and risk.
Combined with 11.2.1; 11.2.4 & 11.6.3, New Rules 11.1.1; 11.1.2 & 11.1.3
11.11. Events involving travel
In this section, ‘you’ means all charitable institutions unless we specifically refer to registered charities.
Sub-Section removed
11.11.1.
You must meet laws relating to travel, including the Package Travel and Linked Travel Arrangement Regulations 2018 and the Civil Aviation Air Travel Organisers’ Licensing Regulations 2012 (the ‘travel regulations’).
Replaced with signposting to legislation/guidance
11.11.2.
You must be clear who is responsible for meeting the travel regulations.
Removed, incorporated into Events Guidance
11.11.3.
You must check the track record and reliability of the tour operator and any subcontractors.
Removed, incorporated into Events Guidance
11.11.4.
When organising a challenge event and drafting forms for collecting information from the people taking part and privacy notices, you must clarify with the tour operator who will be collecting the information and for what purposes it will be collected and held.
Removed, incorporated into Events Guidance
11.11.5.
If an event organiser, or the people taking part, falls within the definition of a professional fundraiser or commercial participator, you must take reasonable steps to make sure everyone keeps to these requirements.
Removed, incorporated into Events Guidance
Current code
Changes
12.1. Lotteries – general responsibilities
In this section, ‘you’ means a charitable institution or third-party fundraiser running a lottery for the benefit of a charitable institution, unless we tell you otherwise.
Sub-Section removed
12.1.1.
You must meet the relevant national legal requirements for lotteries.
Replaced with signposting to legislation/guidance
12.1.2.
You must make sure you are not running an illegal lottery.
Replaced with signposting to legislation/guidance
12.1.3.
To run an exempt lottery (one which does not need a licence), you must meet the conditions set out in law.
Replaced with signposting to legislation/guidance
12.1.4.
If you need to hold a licence for the type of lottery you are running you must meet the relevant codes of practice, licence conditions, and conditions set out in law and relevant regulations.
Replaced with signposting to legislation/guidance
12.1.5.
In England, Wales and Scotland, if you hold a licence for the type of lottery you are running, you must tell the Gambling Commission about any matters that will have a significant effect on your organisation or that the Gambling Commission would reasonably need to be aware of when carrying out its duties. For more information on what you need to tell the Gambling Commission about, see its licence conditions and codes of practice.
Replaced with signposting to legislation/guidance
12.2. Role of the promoter
In this section, ‘you’ means a charitable institution or third-party fundraiser running a lottery for the benefit of a charitable institution, unless we tell you otherwise. For lotteries, ‘society’ means the charitable institution.
Sub-Section renumbered 12.1
12.1 General Requirements
In this section, ‘you’ means a charitable institution or third-party fundraiser
12.2.1.
The designated individual promoter must be authorised in writing by the governing body of the society to act as a promoter.
Reworded, New Rule 12.1.1:
"Anyone who wishes to act as a promoter of a lottery, prize competition or free draw on behalf of a charitable institution must have written authorisation to do so."
12.2.2.
By law, the promoter is responsible for making sure the lottery is run within the law and must make sure that anyone distributing and selling tickets is aware of the legal rules that apply, even if they use a subcontractor to sell the tickets.
Replaced with signposting to legislation/guidance
12.3. Considerations other than the Gambling Act
In this section, ‘you’ means a charitable institution or third-party fundraiser running a lottery for the benefit of a charitable institution, unless we tell you otherwise. For lotteries, ‘society’ means the charitable institution.
Sub-section removed
12.3.1.
If you are a society using a premium phone line to allow people to enter your lotteries, you must meet the code of practice published by the PSA (the independent regulator of premium-rate services in the UK). A number of sections of its code are relevant to lotteries.
Replaced with signposting to legislation/guidance
12.3.2.
If you are promoting society lotteries, you must meet the Code of Non-broadcast Advertising and Direct and Promotional Marketing (CAP code) and the Code of Broadcast Advertising (BCAP code), including:
CAP - 08 Promotional marketing;
CAP - 16 Gambling;
CAP - 17 Lotteries;
BCAP - 17 Gambling; and
BCAP - 18 Lotteries.
Replaced with signposting to ASA and Section 9
12.3.3.
In Northern Ireland, you must not send tickets that have been sold for a private or society lottery through the post.
Removed
12.4. The draw
In this section, ‘you’ means a charitable institution or third-party fundraiser running a lottery for the benefit of a charitable institution, unless we tell you otherwise. For lotteries, ‘society’ means the charitable institution.
Sub-section renumbered 12.2 The draw
In this section, ‘you’ means a charitable institution or third-party fundraiser.
12.4.1.
The draw must be witnessed and you should make a record of the result.
Combined with 12.4.2; 12.4.3; 12.4.4 to create New Rules 12.2.1 & 12.2.2:
New Rule 12.2.1:
"You must ensure all valid ticket entries are included in the draw, that it is witnessed, and the result is recorded."
New Rule 12.2.2:
"You must ensure entrants are informed about how the draw will be conducted. This includes:
• Providing clear information when you sell a ticket if you plan to transfer late entries into the next draw; and
• Taking all reasonable steps to inform entrants if you plan to delay the draw date."
12.4.2.
You must include all paid-for, valid ticket entries in the draw.
Combined with 12.4.1; 12.4.3; & 12.4.4, New Rules 12.2.1 & 12.2.2
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.
Combined with 12.4.1; 12.4.3; & 12.4.4, New Rules 12.2.1 & 12.2.2
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.
Combined with 12.4.1; 12.4.3; & 12.4.4, New Rules 12.2.1 & 12.2.2
12.5.Procedure after the draw
In this section, ‘you’ means a charitable institution or third-party fundraiser running a lottery for the benefit of a charitable institution, unless we tell you otherwise. For lotteries, ‘society’ means the charitable institution.
Sub-section removed and combined into 12.2 The draw
12.5.1.
You must return all filled-in ticket stubs and payments to the promoter for audit purposes.
Combined with 12.5.2; 12.5.3; 12.5.4 & 12.5.5, New Rules 12.2.3 & 12.2.4
New Rule 12.2.3:
"After the draw you must:
• Return all filled-in ticket stubs and payments to the promoter for audit purposes.
• Contact all winners within seven days of the draw.
• Take all reasonable steps to award prizes to the winners.
• Only make details of winners public with their permission."
New Rule 12.2.4:
"If a winner donates their prize back to you, this must be shown as a donation in your accounting records."
12.5.2.
If the owner of a winning ticket donates their prize back to a society, this must be shown in your lottery’s accounting records as a donation.
Combined with 12.5.1; 12.5.3; 12.5.4 & 12.5.5, New Rules 12.2.3 & 12.2.4
12.5.3.
You must not make details of winners public without their permission.
Combined with 12.5.1; 12.5.2; 12.5.4 & 12.5.5, New Rules 12.2.3 & 12.2.4
12.5.4.
You must contact all winners within seven days of the draw.
Combined with 12.5.1; 12.5.2; 12.5.4 & 12.5.5, New Rules 12.2.3 & 12.2.4
12.5.5.
You must make all reasonable efforts to award prizes to the holders of winning tickets.
Combined with 12.5.1; 12.5.2; 12.5.4 & 12.5.5, New Rules 12.2.3 & 12.2.4
12.6. Prize competitions and free draws
In this section, ‘you’ means a charitable institution or third-party fundraiser running a lottery for the benefit of a charitable institution, unless we tell you otherwise. For lotteries, ‘society’ means the charitable institution.
Sub-section removed
England, Wales and Scotland
12.6.1.
To be a prize competition you must make sure that anyone taking part has a level of knowledge or judgement or displays an element of skill that will prevent a significant proportion of people from entering or from winning a prize.
Replaced with signposting to legislation/guidance
12.6.2.
To be a free draw the arrangement must either be completely free to enter or have a free method of entry. This free method of entry must either be a letter sent by ordinary post (first-class or second-class post) or another method of communication that is no more expensive and no less convenient than the paid method. The system for allocating prizes must not distinguish between entries made through the free or the paid method of entry.
Replaced with signposting to legislation/guidance
Northern Ireland
12.6.3.
Northern Ireland operates under rules preventing any form of purchase that allows you to enter a prize draw. Often, promoters running UK-wide prize draws will exclude people in Northern Ireland from the promotion. For Northern Ireland prize draws, you must either exclude people who live in Northern Ireland or find a ‘no-purchase necessary’ way to promote the prize draw in Northern Ireland.
Removed
New rules
12.1.2
You must include a clear and simple method of accessing any terms and conditions in communications about prize competitions and free draws and you must publish the identity of the promoter.
Current code
Changes
13.1. Statutory funding
In this section, ‘you’ means a charitable institution or third-party fundraiser.
Sub-section removed
13.1.1.
You must follow any extra rules that may apply for statutory funding, such as EU or government grants.
Removed
13.2. Preparation and procedures
In this section, ‘you’ means a charitable institution or third-party fundraiser.
Sub-section renumbered
13.1 Grant Applications and Monitoring
In this section, ‘you’ means a charitable institution or third-party fundraiser.
13.2.1.
In general, you must avoid mass mailings and cold-calling to grant-making bodies, except in exceptional circumstances, for example a national disaster or emergency.
Combined with 13.2.2, New Rule 13.1.1:
"You must prepare your grant applications responsibly. This includes:
• Ensuring you have appropriate permission to include any referees in your application.
• Avoiding mass mailings to grant-making bodies, except in exceptional circumstances, for example a national disaster or emergency."
13.2.2.
If you are giving a referee on an application, you must get their permission to include their details before submitting the application, and show them the application before you submit it.
Combined with 13.2.1, New Rule 13.1.1
13.3. After applications have been accepted or rejected
In this section, ‘you’ means a charitable institution or third-party fundraiser.
Incorporated into new sub-section 13.1 Grant Applications and Monitoring
13.3.1.
You must strictly follow the administrative requirements of the grant-making body regarding payment. (These will depend on the terms and conditions that apply to the grant.)
Combined with 13.3.2 & 13.3.3, New Rule 13.1.2:
"You must act appropriately following the grant decision. This includes:
• Ensuring you understand and can comply with any conditions related to the grant.
• Meeting the administrative requirements of the grant-making body and the terms and conditions of your grant agreement.
• Only appealing against a rejection if you have appropriate grounds."
13.3.2.
You must make sure that both you and the grant-making body understand and agree any conditions that apply to the grant before you formally accept it. These may include the grant-making body being involved in the work (for example, by helping to manage it or by giving advice), or you publicly acknowledging their support.
Combined with 13.3.1 & 13.3.3, New Rule 13.1.2
13.3.3.
If your application is rejected, you must only appeal or try to persuade the grant-making body to reconsider if you have a clear reason for doing so, such as if there are clear mistakes in the facts used to make the decision, or if you are following the grant-making body’s appeal procedures.
Combined with 13.3.2 & 13.3.3, New Rule 13.1.2
13.4. Reporting
In this section, ‘you’ means a charitable institution or third-party fundraiser.
Incorporated into new sub-section 13.1 Grant Applications and Monitoring
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.
Combined with 13.4.2 & 13.4.3, New Rule 13.1.3:
"You must communicate appropriately with the grant-making body. This includes:
• Informing them of any serious problems with the funded project.
• Closely following their reporting guidelines and requirements.
• Asking for and obtaining their written permission before you change how the grant is spent."
13.4.2.
You must closely follow reporting guidelines and requirements if they form conditions under a grant contract.
Combined with 13.4.1 & 13.4.3, New Rule 13.1.3
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.
Combined with 13.4.1 & 13.4.2, New Rule 13.1.3
Current code
Changes
14.1. Professional fundraisers and payroll giving
In this section, ‘you’ means a payroll-giving agency or a professional fundraiser involved in payroll giving, unless we tell you otherwise.
Sub-Section name reworded:
14.1 Payroll giving and post-tax salary donations
In this section, ‘you’ means a payroll-giving agency or a professional fundraiser involved in payroll giving or post-tax salary donations, unless we say otherwise.
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.
Replaced with signposting to legislation/guidance.
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.
Combined with 14.1.3, New Rule 14.1.3:
"Professional fundraisers involved in payroll giving and post-tax salary donations must:
• Ensure donors’ wishes relating to which charity or charities will receive their donation are followed.
• Process and pass information relating to new donors to the charitable institution as soon as possible.
• Represent the charities in a neutral way when working for more than one charity."
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.
Combined with 14.1.2, New Rule 14.1.3
14.2. Pre-tax payroll giving
In this section, ‘you’ means a payroll-giving agency or professional fundraiser involved in payroll giving, unless we tell you otherwise.
Incorporated into sub-section 14.1
14.2.1.
As a payroll-giving agency, you must have a written agreement in place with employers using your scheme.
Replaced with signposting to legislation/guidance.
14.2.2.
You must not offer benefits to donors, and you must keep to the donor’s wishes relating to which charity or charities will receive their donation.
Combined with 14.2.4, New Rule 14.1.2:
"You must not offer any benefits to donors and must ensure that any references to different levels of tax relief are correct."
14.2.3.
You must meet the requirements in The Charitable Deductions (Approved Schemes) Regulations 1986 and any amendments to these.
Replaced with signposting to legislation/guidance.
14.2.4.
If you (or an employer) are going to highlight the different levels of tax relief, you must make sure fundraisers have up-to-date information from HMRC.
Combined with 14.2.2, New Rule 14.1.2
14.2.5.
You must make sure that donors are aware that, following a payroll-giving promotion, they are still free to choose to give to any charity.
Combined with 14.3.3, New Rule 14.1.1:
"You must be clear to donors that they are free to:
• Give to any charity of their choice, even if you are promoting a particular charity
• End an agreement to donate at any time."
14.3. Promoting committed giving in the workplace
In this section, ‘you’ means a payroll-giving agency or professional fundraiser involved in payroll giving, unless we tell you otherwise.
Incorporated into sub-section 14.1
14.3.1.
Before asking a group of employees for donations, you must agree conditions of access with the relevant employer.
Reworded, New Rule 14.1.4:
"You must agree conditions for access with the relevant employer before discussing donations with employees."
14.3.2.
If you are a fundraiser, you must wear visible photo identity badges, provided by the organiser of the fundraising activity or the relevant fundraising organisation, at all times.
Reworded, New Rule 14.1.5:
"Fundraisers must wear visible photo identity badges, provided by the organiser of the fundraising activity or the relevant fundraising organisation, at all times when promoting payroll giving in the workplace."
14.3.3.
You must make sure that donors are aware that they have the right to end an agreement to donate at any time.
Combined with 14.2.5, New Rule 14.1.1
Current code
Changes
15.1. Legacies – general responsibilities
In this section, ‘you’ means a charitable institution, unless we tell you otherwise.
Sub-Section Renamed:
15.1 General responsibilities
In this section, ‘you’ means a charitable institution, but each of the standards applies equally to the employees, agents and subcontractors of the charitable institution.
15.1.1.
You must make sure that all fundraising activity relating to legacies considers:
the freedom of the person leaving the legacy (the testator) to provide for their family and others; and
any sensitive circumstances of the potential testator and their family and friends.
Reworded, New Rule 15.1.1:
"You must make sure that all fundraising activity relating to legacies considers:
• The freedom of the potential testator to provide for their family and others; and
• Any sensitive circumstances of the potential testator and their family and friends where known."
15.1.2.
You must make sure fundraisers do not provide legal advice. Whenever legacy fundraising is done by an external third party who is a professional fundraiser, this fundraising must meet the legal obligations that professional fundraisers have.
Combined with 15.2.1 & 15.2.2, New Rule 15.1.2:
"You must ensure information you provide to potential testators is clear and accurate. This includes:
• Details of the charitable institution to include in legacy documentation.
• That the information does not represent legal advice."
15.1.3.
If a person making a will asks you or any of your officers or employees to act as executor, you must carefully consider whether to agree, bearing in mind the duties and responsibilities of acting as executor and any possible risks to you.
Reworded, New Rule 15.1.3:
"If a potential testator asks you or any of your officers or employees to act as executor, you must carefully consider the risks and potential conflicts of interest that could arise in meeting the duties and responsibilities as executor."
15.1.4.
If you are to be appointed as executor and take out the grant of representation in your own name, you must have the power to do so (for charities in England and Wales this usually means that you must have trust corporation status).
Replaced with signposting to legislation/guidance
15.2. Written communications asking for legacies
In this section, ‘you’ means a charitable institution, unless we tell you otherwise.
Sub-section removed
15.2.1.
You must make it clear that the contents of any communications are not intended to be legal advice from you and that potential testators should get their own professional advice.
Combined with 15.1.2 & 15.2.2, New Rule 15.1.2
15.2.2.
If you give a potential testator suggested wording for legacies made to you to be included in their will, you must make sure that the suggested wording is accurate (which may involve getting legal advice) and that you are clearly identified (this will depend on which country you are in, but will usually mean providing your full name, company number, address and the registered office address if you are a company, and registered charity number, if this applies).
Combined with 15.1.2 & 15.2.1, New Rule 15.1.2
15.3. Communicating in person
In this section, ‘you’ means a charitable institution, unless we tell you otherwise.
Sub-section renumbered 15.2 Communicating in person
In this section, ‘you’ means a charitable institution, but each of the standards applies equally to the employees, agents and subcontractors of the charitable institution.
15.3.1.
You must be open about the reason for an invitation to an event if it is about legacies or if legacies will be discussed and may be asked for.
Combined with 15.3.3; 15.3.4 & 15.3.5 to create New Rule 15.2.1 on face-to-face legacy conductCombined with 15.3.3; 15.3.4 & 15.3.5, New Rule 15.2.1:
"You must behave respectfully towards potential testators. As part of this, you must ensure that fundraisers:
• are open about the reason for an invitation to an event where legacies will be discussed;
• do not act in a way which could be considered unreasonably pressurising;
• carry out meetings in a suitable way, which is sensitive to the potential testator’s interests and concerns;
• keep a record of all meetings and communications with the potential testator’s; and
• accept the potential testator’s right to
• invite other people of their choice to all meetings;
• decline a meeting; or
• end a meeting at any time."
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.
Combined with 3.4.1; 3.4.2 & 9.1.8, New Rules 9.1.4 & 9.1.5
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.
Combined with 15.3.1; 15.3.4 & 15.3.5, New Rule 15.2.1
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.
Combined with 15.3.1; 15.3.3 & 15.3.5, New Rule 15.2.1
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.
Combined with 15.3.1; 15.3.3 & 15.3.5, New Rule 15.2.1
15.4. Involvement of charitable institutions in making a will
In this section, ‘you’ means a charitable institution, but each of the standards applies equally to the employees, agents and subcontractors of the charitable institution.
Sub-section renumbered 15.3 Involvement of charitable institutions in making a will
In this section, ‘you’ means a charitable institution, but each of the standards applies equally to the employees, agents and subcontractors of the charitable institution
15.4.1.
You (or your fundraiser) must not draft, or be directly involved in drafting, wills in your favour.
Combined with 15.5.1 & 15.5.2, New Rules 15.3.1 & 15.3.2
New Rule 15.3.1:
"Fundraisers must not take advantage of a relationship with a potential testator while fundraising. To avoid this, they must:
• Not draft, or be directly involved in drafting, wills in their favour.
• Inform the charitable institution of any offer of a personal legacy (rather than a legacy to the charitable institution)."
New Rule 15.3.2:
"You must have procedures in place for addressing instances where a potential testator offers a personal legacy to a fundraiser."
Added wording below rule:
"If you believe a fundraiser has taken advantage of their position to seek a personal legacy, you must follow appropriate disciplinary procedures."
15.5. Fundraisers’ relationships with potential testators
In this section, ‘you’ means a charitable institution, unless we tell you otherwise.
Subsection removed
15.5.1.
If you are a fundraiser and you are offered a personal legacy (rather than to the charitable institution), you must explain to the person making the will that if they want to give a legacy to you personally, you must tell your line manager at your charitable institution about the gift.
Combined with 15.4.1 & 15.5.2, New Rules 15.3.1 & 15.3.2
15.5.2.
Your fundraisers must not take advantage of being employed by you to ask for a personal legacy. If you believe that a fundraiser has abused their position and has asked for a personal legacy, you must follow disciplinary procedures for dealing with these situations.
Combined with 15.4.1 & 15.5.2, New Rules 15.3.1 & 15.3.2
15.6. Paying for wills with charity funds
In this section, ‘you’ means a charitable institution, unless we tell you otherwise.
Incorporated into New Sub-Section 15.3
15.6.1.
There are considerable risks to you in paying the costs involved in making a will which includes a legacy to you, so it is discouraged. But if you want to do this, you:
must not insist that you receive a legacy or that you are appointed as executor in exchange for paying for the will;
must always recommend to the person making the will that they should get independent legal advice; and
must make it clear to the person making the will that the solicitor or other will writer will be acting only in their interests and on their instructions.
Reworded, New Rule 15.3.3:
"There are considerable risks in paying the costs involved in making a will which includes a legacy to you. But if you choose to do this, you:
• Must not insist that you receive a legacy or that you are appointed as executor in exchange for paying for the will;
• Must always recommend to the potential testator that they should get independent legal advice; and
• Must make it clear to the potential testator that the solicitor or other will writer will be acting only in their interests and on their instructions."
Added wording below rule:
"Legacies with conditions
A testator may include “conditions” in their legacy which are legally binding restrictions on how a charitable institution can use their gift. These conditions could involve the specific purpose or project the gift can be used for, or how the testator wants the charitable institution to acknowledge the gift.
You will need to consider whether you can meet the conditions before accepting a legacy which may require independent legal advice. If you cannot meet legacy conditions or wish to change the conditions, you will need to seek suitable authorisation from your registered body before accepting the legacy."
15.7. After a legacy has been made
In this section, ‘you’ means a charitable institution, unless we tell you otherwise.
Sub-section renamed 15.4 After a legacy has been made
In this section, ‘you’ means a charitable institution, unless we tell you otherwise.
Ongoing contact with testators
Ongoing contact with testators
15.7.1.
You must respect the wishes of the testator if they tell you they don’t want to receive any further marketing communications from you (which would include any fundraising requests) or, wherever possible, if they ask for a certain level of contact.
Removed and incorporated into Section 3
15.7.2.
If a testator asks you to explain to family members why they are not included in their will, you must refuse or say that you can only explain why you need the legacy.
Removed
Legacies where conditions or restrictions apply
15.7.3.
If you can meet the conditions and you accept a legacy, you must follow those conditions.
Removed
15.7.4.
If a legacy is left under the condition that it is used for a particular purpose or project, but you cannot meet that condition, you must contact the testator’s personal representatives before accepting the legacy.
Removed
15.7.5.
If you are a charity and receive a legacy for a specific purpose, you must contact the Charity Commission for England and Wales, Scottish Charity Regulator (OSCR) or Charity Commission for Northern Ireland (as appropriate) for help if:
the purpose has been fulfilled or otherwise provided for;
the money or gift can no longer be used for that purpose;
the purpose is no longer a charitable purpose; or
the intended purpose has stopped being a suitable and effective use of the money or does not provide a use for all the money.
Removed
15.7.6.
If a legacy is left under the condition that it is used for a particular purpose, you must not use the legacy for a different purpose without proper authority from the Charity Commission for England and Wales, Scottish Charity Regulator (OSCR) or Charity Commission for Northern Ireland, or the Attorney General for Northern Ireland.
Removed
Recognising legacies
15.7.7.
You must respect the testator’s or their estate’s wishes about any public recognition of the gift.
Removed and incorporated into Section 3