Charities and Benevolent Fundraising Regulations

The Charities and Benevolent Fundraising Regulations (Scotland) 2009 came into force for charities and benevolent bodies on 1 July 2009.

What are the regulations?

The Regulations require that charities and/or benevolent organisations, which utilise the services of professional fundraisers and “commercial participators”, must formalise this arrangement through a signed written agreement. The guidance does not cover cash collections or the collection of goods, which will be covered by future Public Benevolent Collections regulations. Fundraisers, whether benevolent or professional, and commercial participators must also provide information to the prospective donor about the organisations they are fundraising for.

Which organisations are affected?

This should include:

  • The name of the benevolent body or bodies;
  • How funds raised will be distributed;
  • And the level of payment the fundraiser will expect to receive.

Commercial participators are required to provide additional details surrounding the way in which this remuneration will be calculated. Where funds are solicited orally or through radio and television campaigns, potential donors must be given specific information regarding their right to a refund. If particular criteria are met, donors who have made payments as a result of oral solicitation are entitled to a full refund on request or cancellation of their ‘repeat donation’ agreements. The final sections, go on to say that any contributions acquired for the benefit of a benevolent body must be transferred into the possession of the recipient charity as soon as possible, but no later than 28 days after receipt.

Euan Morrison, Head of the Chiene + Tait specialist Charity Group, comments, “These regulations represent a significant development for charities, which rely heavily on fundraising activities. There has never been a more important time to ensure your fundraising activities are compliant with up to date regulations.”