Clause 33

the whole or part of —

the consideration given for goods or services sold or supplied by him; or

any proceeds (other than such consideration) of a promotional venture undertaken by him; or

sums given by him by way of donation in connection with the sale or supply of any such goods or services (whether the amount of such sums is determined by reference to the value of any such goods or services or otherwise);

that on the production of it (whether or not some other action is also required), he will supply cash, goods and services (or any of them) on credit; or

that where, on the production of it to a third party (whether or not some other action is also required), the third party supplies cash, goods and services (or any of them), he will pay the third party for them (whether or not deducting any discount or commission), in return for payment to him by the individual;

any person (apart from a charitable institution) who carries on a fund-raising business; or

any other person (apart from a person excluded by virtue of subsection (2) or (3)) who for reward solicits money or other property for the benefit of a charitable institution, if he does so otherwise than in the course of any fund-raising venture undertaken by a person falling within paragraph (a);

by speaking directly to the person or persons to whom the representation or solicitation is addressed (whether or not in his or their presence); or

by means of a statement published in any newspaper, film or radio or television programme,or otherwise, and references to a representation or solicitation shall be construed accordingly.

any charitable institution or any company connected with any such institution;

any officer or employee of any such institution or company, or any trustee of any such institution, acting (in each case) in his capacity as such;

any person acting as a collector in respect of a charitable appeal which is made in any public place or by means of visits from house to house (apart from a person who is to be treated as a promoter of such a collection by virtue of subsection (9));

any person who in the course of a radio or television programme in the course of which a fund-raising venture is undertaken by —

a charitable institution; or

a company connected with such an institution,makes any solicitation at the instance of that institution or company; or

any commercial participator.

more than $10 per day or $1,000 per year by way of remuneration in connection with soliciting money or other property for the benefit of the charitable institution referred to in that paragraph; or

more than $1,000 by way of remuneration in connection with any fund-raising venture in the course of which he solicits money or other property for the benefit of that institution.

any reference to charitable purposes, where occurring in the context of a reference to charitable, benevolent or philanthropic purposes, shall be a reference to charitable purposes whether or not the purposes are charitable within the meaning of any rule of law; and

any reference to soliciting or otherwise procuring money or other property is a reference to soliciting or otherwise procuring money or other property whether any consideration is, or is to be, given in return for the money or other property or not.

the institution; or

the institution and one or more other charitable institutions, taken together,is or are entitled (whether directly or through one or more nominees) to exercise, or control the exercise of, the whole of the voting power at any general meeting of the company.

any solicitation of money or other property for the benefit of a charitable institution is made in accordance with arrangements between any person and that institution; and

under those arrangements that person will be responsible for receiving on behalf of the institution money or other property given in response to the solicitation,then (if he would not be so regarded apart from this subsection) that person shall be regarded for the purposes of this Part as soliciting money or other property for the benefit of the institution.

access to any premises or event;

membership of any organisation;

the provision of advertising space; and

the provision of any financial facilities,and references to the supply of services shall be construed accordingly.

“collector” means any person by whom that appeal is made (whether made by him alone or with others and whether made by him for remuneration or otherwise); and

“promoter” means a person who (whether alone or with others and whether for remuneration or otherwise) organises or controls the conduct of the charitable appeal in question, and associated expressions shall be construed accordingly,but where no person acts in the manner mentioned in paragraph (b) in respect of a charitable appeal, any person who acts as a collector in respect of it shall, for the purposes of this Part, be treated as a promoter of it as well.