Offences and penalties
As indicated by the icon 
throughout this guidance, it is an offence for a person to fail, without reasonable excuse, to comply with the highlighted requirements of the 2009 Regulations. The fine for these offences should not exceed level 5 on the standard scale which is currently £5000.
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Requirements under the 2009 Regulations where failure to comply can be an offence |
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Duty of professional fundraiser or commercial participator to make available on request by a benevolent body any records relating to the body which are kept for the purpose of a fundraising agreement (Regulation 7(1)). |
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Duty of professional fundraiser or commercial participator to have an appropriate fundraising agreement in place when fundraising on behalf of a benevolent body (Regulation 2(1)). |
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Duty of professional fundraiser or commercial participator to carry out a request for a refund or to cancel a fundraising agreement as soon as reasonably possible (Regulation 5(5)). |
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Duty of fundraisers to provide the required information to potential donors in the course of the solicitation (Regulations 3(1) and 4(1) to (4)). |
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Duty of professional fundraiser or commercial participator to provide the required information regarding donors’ rights to refunds (Regulations 3(5) and (6)). |
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Duty of professional fundraiser or commercial participator to transfer monies raised to a benevolent body within 28 days of receipt (Regulation (6)). |