The Institute of Fundraising's code on Scottish law in relation to fundraising
The code is about public charitable collections in Scotland, which are governed by the Civic Government (Scotland) Act 1982 and the Public Charitable Collections (Scotland) Regulations 1984.
The institute plans to revise this code to take into account fundraising regulations under the Charities and Trustee Investment (Scotland) Act 2005 after guidelines on this act have been published.
The code outlines the legal position that anyone who wants to hold a public collection must apply in writing for a licence from the district or islands council a month in advance. This does not apply to collection tins left unattended in a public place or collections at public meetings. A council can refuse or withdraw a licence, in which case the collector has the right to appeal within 14 days.
The secretary of state may grant someone exemption from having to obtain permission to hold a collection if the person does charitable work throughout the whole or most of Scotland.
The code refers to the legal requirement for collection organisers or agents to ensure all collectors wear signed badges showing the charity's name and carry signed certificates of authority.
It also points out that collectors must be over 16, or over 14 in the case of street collectors. They must accept donations only in sealed envelopes or placed directly into collection tins, and they must deliver these unopened to the organiser or agent. Accounts must be submitted to the local council within a month of the collection.
According to the law, collectors are forbidden from "annoying people by importuning them" or remaining in house doorways after they have been asked to leave.
The code advises fundraisers not to collect after 9pm and to work in pairs for safety reasons.
