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Right of charitable institution to prevent unauthorised fund-raising

Charities (Fund-raising Appeals for Local and Foreign Charitable Purposes) Regulations 2012

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—(1) Where on the application of any charitable institution —(a)the General Division of the High Court is satisfied that any person has done or is doing either of the following, namely:(i)soliciting money or other property for the benefit of the institution; or(ii)representing that charitable contributions are to be given to or applied for the benefit of the institution, and that, unless restrained, he is likely to do further acts of that nature; and(b)the General Division of the High Court is also satisfied as to one or more of the matters specified in paragraph (2), then, subject to paragraph (3), the General Division of the High Court may grant an injunction restraining the doing of any such acts.(2) The matters referred to in paragraph (1)(b) are —(a)that the person in question is using methods of fund-raising to which the institution objects;(b)that that person is not a fit and proper person to raise funds for the institution; and(c)where the conduct complained of is the making of such representations referred to in paragraph (1)(a)(ii), that the institution does not wish to be associated with the particular promotional or other fund-raising venture in which that person is engaged.(3) The power to grant an injunction under paragraph (1) shall not be exercisable on the application of a charitable institution unless the institution has, at least 14 days before making the application, served on the person in question a notice in writing —(a)specifying the circumstances which gave rise to the serving of the notice and the grounds on which an application under this regulation is to be made;(b)requesting him to cease immediately soliciting money or other property for the benefit of the institution, or representing that charitable contributions are to be given to or applied for the benefit of the charitable institution, as the case may be; and(c)stating that, if he does not comply with the notice, the charitable institution will make an application under this regulation for an injunction.(4) Where —(a)a charitable institution has served on any person a notice under paragraph (3) (referred to in this paragraph as the relevant notice) and that person has complied with the notice; but(b)that person has subsequently begun to carry on activities which are the same, or substantially the same, as those in respect of which the relevant notice was served,the charitable institution shall not, in connection with an application made by it under this regulation in respect of the activities carried on by that person, be required by virtue of that paragraph to serve a further notice on him, if the application is made not more than 12 months after the date of service of the relevant notice.

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