17. Section 39 of the Charities Act is amended —
(a)
by inserting, immediately before the definition of “fund-raising appeal” in subsection (1), the following definitions:
“ “charitable contributions”, in relation to any representation made by any commercial participator or other person, means —
(a)
the whole or part of —
(i)
the consideration given for goods or services sold or supplied by him; or
(ii)
any proceeds (other than such consideration) of a promotional venture undertaken by him; or
(b)
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);
“charitable institution” means a charity or an institution (other than a charity) which is established for charitable, benevolent or philanthropic purposes;
“collector”, in relation to a fund-raising appeal, 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);
“commercial fund-raiser” means any person who for reward solicits or otherwise procures money or other property for, or purportedly for, the benefit of a charity or any charitable, benevolent or philanthropic purpose;
“commercial participator”, in relation to any charitable institution, means any person who carries on for gain a business other than a fund-raising business, but in the course of that business, engages in any promotional venture in the course of which it is represented that charitable contributions are to be given to or applied for the benefit of the institution;”;
(b)
by inserting, immediately after the definition of “fund-raising appeal” in subsection (1), the following definition:
“ “fund-raising business” means any business carried on for gain and wholly or primarily engaged in soliciting or otherwise procuring money or other property for charitable, benevolent or philanthropic purposes;”;
(c)
by deleting the full-stop at the end of the definition of “proceeds” in subsection (1) and substituting a semi-colon, and by inserting immediately thereafter the following definitions:
“ “promotional venture” means any advertising or sales campaign or any other venture undertaken for promotional purposes;
“represent” and “solicit” mean, respectively, represent and solicit in any manner whatever, whether expressly or impliedly and whether done —
(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
(b)
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;
“services” includes facilities and, in particular —
(a)
access to any premises or event;
(b)
membership of any organisation;
(c)
the provision of advertising space; and
(d)
the provision of any financial facilities,
and references to the supply of services shall be construed accordingly.”; and
(d)
by deleting subsection (2) and substituting the following subsections:
“(2) In this Part and any regulations made for the purpose of this Part —
(a)
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
(b)
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.
(3) Where —
(a)
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
(b)
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.”.