Offences and penalties

Published: 21/02/2018
Updated: 21/02/2018

As indicated by the icon Offence 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.



Requirements under the 2009 Regulations where failure to comply can be an offence

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)).

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)).

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)).

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)).

Duty of professional fundraiser or commercial participator to provide the required information regarding donors’ rights to refunds (Regulations 3(5) and (6)).

Duty of professional fundraiser or commercial participator to transfer monies raised to a benevolent body within 28 days of receipt (Regulation (6)).