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Cancellation of payments and agreements made in response to fund-raising appeals

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

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—(1) Where —(a)a person (referred to in this paragraph as the donor) makes any payment exceeding $200 to a commercial fund-raiser in response to any solicitation or representation referred to in regulation 16(1), (2) or (3) which —(i)is made face-to-face between the commercial fund‑raiser and one or more donors; or(ii)is made during any live telephone conversation between the commercial fund-raiser and one or more donors; and(b)before the end of the period of 7 days beginning on the date of the solicitation or representation, the donor serves on the commercial fund-raiser a notice in writing which, however expressed, indicates the donor’s intention to cancel the payment,the donor shall, subject to paragraph (4), be entitled to have the payment refunded to him without delay by the commercial fund‑raiser.(2) Paragraph (2A) applies where a person (called in this paragraph and paragraph (2A) a donor), in response to any solicitation or representation mentioned in regulation 16(1), (2) or (3), enters into an agreement with a commercial fund-raiser under which —(a)the donor is or may be liable to make one payment or a series of payments to the commercial fund-raiser; and(b)the amount or aggregate amount which the donor is, or may be, liable to pay to the commercial fund-raiser under the agreement exceeds $200.(2A) If the donor serves on the commercial fund-raiser a written notice to cancel the agreement mentioned in paragraph (2) within a period of 7 days starting on the date of the solicitation or representation, the notice has the following effect:(a)on the date of the notice, the agreement and any liability of any person (other than the donor) in connection with the payment or series of payments under that agreement are cancelled;(b)subject to paragraph (4), the donor is entitled to have the following refunded to the donor without delay by the commercial fund-raiser: (i)where the agreement concerns one payment — that payment;(ii)where the agreement concerns a series of payments — all or any of the payments made under that agreement as the donor may request.(3) Where, in response to any solicitation or representation referred to in regulation 16(1), (2) or (3), a person (referred to in this paragraph as the donor) —(a)makes any payment exceeding $200 to a commercial fund‑raiser; and(b)does not enter into any such agreement as is mentioned in paragraph (2),then, if before the end of the period of 7 days beginning on the date of the solicitation or representation, the donor serves on the commercial fund-raiser a notice in writing which, however expressed, indicates the donor’s intention to cancel the payment, the donor shall, subject to paragraph (4), be entitled to have the payment refunded to him without delay by the commercial fund-raiser.(4) The right of any person to have a payment refunded to him under paragraph (1), (2A) or (3) —(a)is a right to have refunded to him the amount of the payment less any administrative expenses reasonably incurred by the commercial fund-raiser in connection with the making of the refund, or (in the case of a refund under paragraph (2A)) dealing with the notice of cancellation served by that person; and(b)shall, in the case of a payment for goods already received, be conditional upon restitution being made by him of the goods in question.(5) Nothing in paragraphs (1), (2), (2A) and (3) shall have effect in relation to any payment made or to be made in respect of services which have been supplied at the time when the relevant notice is served.(6) In this regulation, any reference to the making of a payment is a reference to the making of a payment of whatever nature and (in the case of paragraph (2) or (3)), a payment made by whatever means, including a payment made by means of a credit card or debit card. (7) A commercial fund-raiser commits an offence if the commercial fund-raiser, without reasonable excuse, fails to refund to the donor without delay an amount that the donor is entitled to under paragraph (1), (2A) or (3).(8) A commercial fund-raiser who is guilty of an offence under paragraph (7) shall be liable on conviction —(a)to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and(b)in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction.

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