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The Fundraising Code: legal appendices

The Code of Fundraising Practice sets standards to be followed across all areas of fundraising. It uses MUST* and MUST NOT* (with asterisk) where there is a legal requirement and MUST and MUST NOT (without asterisk) where there is no legal requirement. The Fundraising Regulator treats all standards, regardless of legal requirement, as professional and therefore expects full compliance with the Code itself.

While the Code contains broad statements and general guidance about legal requirements, fundraising organisations and fundraisers are encouraged to seek their own legal advice, to ensure compliance with legal requirements that relate to their fundraising activities.

Fundraising organisations may take a number of different legal forms and different law applies to different types of organisation. The most heavily regulated type of fundraising organisation is a charity and as such this guidance applies mainly to charities. At the beginning of each section there is a note confirming the type of organisation which the guidance applies to.

NB. Legal requirements also vary between the United Kingdom’s three legal jurisdictions (England and Wales, Scotland, and Northern Ireland) and MUST* be observed.