Voluntary Organisations (Public Collections) Regulations, 2020

L.N. 371 of 2020

VOLUNTARY ORGANISATIONS ACT

(CAP. 492)

Voluntary Organisations (Public Collections) Regulations, 2020

IN EXERCISE of the powers conferred by article 41(1)(s) of the

Voluntary Organisations Act, the Minister for Education and

Employment has made the following regulations:-

(1) The title of these regulations is the Voluntary

Organisations (Public Collections) Regulations, 2020.

(2) The scope of these regulations is to establish, promote and

conduct public collections by means of public events and fundraising

activities held by enrolled voluntary organisations in accordance with

the provisions governing public collections in terms of article 4(2)

and (3) of the Act and in terms of the provisions of the Public

Collections Act.

(1) The definitions prescribed in the Act and in the Public

Collections Act shall mutatis mutandis apply, unless they are

inconsistent with these regulations.

(2) For the purpose of these regulations and unless the context

otherwise requires

"the Act" means the Voluntary Organisations Act;

"collector" shall have the same meaning assigned to it in the

Public Collections Act and the term "public collector" and "public

collectors" shall be construed accordingly;

"compliant" means any voluntary organisation which has been

declared to be in conformity with the Act and any subsidiary

legislation made thereunder;

"Commissioner" means the Commissioner for Voluntary

Organisations;

"crowd funding" means any form of collection made through

any media including but not limited to the internet, whereby any type

of credit and, or money is raised by means of deposits or transfers

made by the general public;

"financial year" means the financial year in respect of which

annual accounts are prepared by voluntary organisations;

"harassment" means any form of aggressive pressure or

intimidation, persecution, annoyance, inconvenience, nuisance,

pestering or bothering, force or coercion caused by collectors to the

public when conducting any form of public collections and includes

sexual harassment;

"promoter" shall have the same meaning assigned to it in the

Public Collections Act;

"public" means any natural or legal person from the community

other than any existing founders, administrators, members, fund

raisers, management, beneficiaries or donors of a voluntary

organisation and shall not include less than fifty persons in one or

more public event or fundraising activities;

"public collection" shall have the same meaning assigned to it in

the Public Collections Act and includes any form of collection, Cap. 279.

whether in cash or in kind, tangible or intangible, corporate or

incorporate, movable or immovable, by any means or in any manner

whatsoever;

"voluntary organisation" means an enrolled

voluntary

organisation established in terms of article 3 of the Act;

"Voluntary Organisations Fund"

means

the

foundation

established by article 37 of the Act;

"VO number" means the enrolment number or reference given

to enrolled voluntary organisations.

(1) These regulations shall apply to all enrolled and Applicability.

compliant voluntary organisations.

(2) A non-enrolled voluntary organisation may not carry out a

public collection.

(1) A public collection or a fundraising activity shall General

provisions.

have a legal cause.

(2) Fundraising activities shall be carried out for voluntary

organisations either for a general or specific purpose and voluntary

organisations shall ensure that fundraising materials do not imply that

the money collected is for a restricted purpose, where it may be used

for different purposes or for funding in general.

(3) An individual who performs a public collection may be

considered as a collector in terms of these regulations upon obtaining

authorisation by means of a permit issued by the Commissioner in

accordance with the provisions of the Public Collections Act and the

Public Collections Regulations

Provided that the Commissioner shall have the discretion

to authorize or refuse an application for such permit submitted by an

individual and shall determine the grounds for granting such a permit,

which grounds shall have a social and philanthropic purpose

Provided further that, if there are overriding reasons

relating to health or other extraordinary or urgent matters, the

Commissioner may grant such permit to that particular individual.

(4) The authorisation requirement contained in sub-regulation

(3) shall be valid for three (3) months.

(5) An individual or a non-enrolled voluntary organisation

which fails to obtain a permit from the Commissioner when this is

required shall guilty of an offence and shall, on conviction, be liable

to the penalties established under article 10 of the Public Collections

Act.

(6) Any money, objects or any assets collected without such

permit by any person not entitled to perform a public collection shall

be confiscated and deposited in the Voluntary Organisations Fund.

(7) A voluntary organisation shall monitor the financial good

standing and reputation of the collector before engaging a collector,

who shall have a good-standing conduct certificate and shall not be

declared bankrupt

Provided that collectors shall be at least sixteen years of

age prior to carrying out any public collection

Provided further that collectors subject to any criminal

records or convictions may still be allowed to carry out public

collections subject to the discretion of the Commissioner.

(1) The methods which may be used by voluntary

organisations or collectors to carry out public collections shall

include but are not limited to

(a)

conducting visits in public places including streets

or door-to-door visits;

(b)

public collections on the broadcasting media,

including broadcasting services, such as television broadcasting

services and radio broadcasting services;

(c)

any printed material which is communicated by

means of publication including the publication of magazines;

(d) any means of electronic media communications

including telephone services and the use of the internet;

(e)

public collections carried out at public concerts,

events and other functions, auctions, car-booth sales and, or

fundraising activities, including any gift awarding schemes and,

or lotteries carried out for such purpose;

(f)

any type of crowd funding; and, or

(g) any donation to a voluntary organisation of any

assets following a confiscation or decree by any competent

court.

(2) Any other methods used to carry out public collections

which are not included in the list mentioned under sub-regulation (1)

shall also be governed by these regulations

Provided that the Broadcasting Act and the Requirements Cap. 350.

as to Standards and Practices as to Advertisements, Methods of S.L. 350.31.

Advertising and Directions on Public Collections on the Broadcasting

Media Regulations, the provisions relating to any printed material and

publication in terms of the Press Act, the provisions relating to Cap. 248.

lotteries, games or any relative fundraising which require

authorisation in terms of the Gaming Act, the provisions relating to Cap. 583.

auctions in terms of the Auctioneers Act are adhered to where Cap. 342.

applicable.

(1) Collectors shall be in possession of a tag issued by Identification

tags.

the Commissioner.

(2) The tag shall include

(a)

the name, surname and passport size photo of the

collector;

(b) the identity card number or passport number and the

name of the country issuing the passport or identity card;

(c)

in the case of voluntary organisations carrying out

public collections, the name, registered address, contact number

of the voluntary organisation and the name of the collector;

(d) the

VO

number

of

the

enrolled

voluntary

organisation;

(e)

the purpose of the public collection.

(3) Where applications for such tags are made by a voluntary

organisation, such voluntary organisation shall take full responsibility

on the good standing and credibility of its collectors who shall be in

compliance with article 22B of the Act.

(4) A voluntary organisation shall recommend a public

collector in writing and shall apply for a collector’s tag to the

Commissioner, who shall approve collectors solely after their

application is endorsed or approved by at least three (3)

administrators of the organisation.

(5) In the case of an organisation performing the collection,

the tag shall be signed by both an administrator of the voluntary

organisation and the Commissioner or a representative acting on his

behalf, and where the collector is an individual, the tag shall bear his

signature together with that of the Commissioner or a representative

acting on his behalf.

(6) The tag issued by the Commissioner shall be made visible

at all times during the public collection and be kept in a clean and

legible state. Tags shall be displayed on the upper body of the public

collector, made visible and identifiable and shall not obscured in any

way.

(7) The tag shall be marked with an expiry period of six (6)

months.

(8) Collectors who fail to exchange a tag upon its expiry

period, or to return it to the Commissioner upon his request, or upon

termination of a collection, shall be subject to a penalty of fifty euro

(€50) payable to the Office of the Commissioner. Each collector shall

be responsible for the safe custody of his tag and shall return the tag

to the Commissioner immediately upon ceasing to be a collector.

(1) Collectors shall have a sealed collection container

provided by the Commissioner.

(2) Any containers collected and received directly by

voluntary organisations shall be opened in front of two administrators

of the voluntary organisation in the presence of a warranted

professional person

Provided that the Commissioner may reserve the right to

send a representative or public official acting on his behalf when such

containers are opened.

(3) A declaration form shall be duly filled and signed by the

two administrators of the voluntary organisation and the warranted

professional person who opened the containers and counted the

money collected. Such declaration form shall specify that the

containers have been collected and received directly by the voluntary

organisation concerned, the number of containers collected and the

amount of money collected and shall be duly submitted to the

Commissioner.

(4) The container shall have the name of the voluntary

organisation, its VO number, whichever is applicable, and the

purpose of the public collection, and all other relevant information

which shall correspond to the details on the tag.

(5) All donations found in the said container must be counted

in the Office of the Commissioner by a public officer within the

Office of the Commissioner and a document shall be signed by both

the administrator and the public officer, indicating the amount of

donations collected and the period during which the collection was

made.

(6) The container shall be returned to the Commissioner

within one month upon termination of the collection, allowing for

sufficient time prior to the date of submission of the relevant annual

returns, in order that the total of donations collected may be

appropriately included in the annual returns.

(7) Any voluntary organisation or individual who fails to

return such container to the Commissioner on the due date shall be

liable to a fine of three euro (€3), payable to the Office of the

Commissioner, for each day that the failure subsists.

(8) A transitory period may be granted at the discretion of the

Commissioner for all containers to be collected and removed from

public or private places

Provided that the Commissioner may give permission to

the extent that certain containers may not be removed from public or

private places, if such containers are in a fixed position or have an

artistic, traditional, architectural or historic value or importance.

(1) Collectors may leave envelopes at any premises Envelopes.

solely on behalf and in the name of voluntary organisations.

(2) Where collectors leave envelopes at any premises with the

intention of collecting money from the public, all envelopes shall be

numbered, bear the name, address and contact number of the

voluntary organisation and the date of the collection

Provided that the envelopes shall bear instructions for the

addressee to send the envelope back to the voluntary organisation,

also where such envelopes do not contain any money.

(3) Fundraising envelopes may not be left at addresses where

there are clear instructions declaring that such envelopes may not be

left at such addresses. The term of the public collection shall be

provided on the envelopes to be used for the collection.

(4) Any envelopes collected and received directly by

voluntary organisations shall be opened in front of two administrators

of the voluntary organisation in the presence of a warranted

professional person.

(5) A declaration form shall be duly filled and signed by the

two administrators of the voluntary organisation and the warranted

professional person who opened the envelopes and counted the

money collected. Such declaration form shall specify that the

envelopes have been collected and received directly by the voluntary

organisation concerned, the number of envelopes collected and the

amount of money collected and shall be duly submitted to the

Commissioner.

(1) Public collections shall not be carried out in any part

of any street so as to cause any obstruction thereof or any

inconvenience to pedestrians.

(2) Unless a fundraising activity is being organised during a

collection, collectors shall not be more than two at the same

collecting place, and shall occupy a fixed position with a distance of

not less than thirty (30) metres between one collector and another.

(1) When conducting door-to-door visits, collectors

shall, upon presenting the tag, introduce themselves by stating their

name and surname, the name of the enrolled voluntary organisation

on whose behalf they are making public collections and the purpose

of the public collection.

(2) Collectors shall not act in such a manner so as to cause or

is likely to cause any form of harassment to any person.

(3) Collectors shall not visit residences between 20.30hrs and

08.00hrs.

(4) Collectors may not demand and shall not be entitled to any

payment or reward or any other form of remuneration for carrying out

their services. Voluntary organisations or their sponsors may

however, provide anything which is deemed necessary for the

purpose of carrying out the public collection, including beverages or

foodstuffs, protective wear or apparatus during the period for which

they are performing the public collection.

(1) The following rules shall apply solely to public Public

collections

collections carried out in the streets

carried out in

the streets.

(a)

tables for the purpose of any public collection shall

not be used by collectors so as to cause actual or possible

obstruction;

(b) collectors shall not act in such a manner so as to

cause or is likely to cause any form of harassment to any person.

(2) Without prejudice to sub-regulation (1), collectors shall

obtain permission in writing

(a)

from the appropriate authority or authorities to enter

any governmental premises, any health centres whether public

or private, or school or educational premises;

(b) from the owner to enter any shop or other similar

premises, including cafeterias, bars, or restaurants, or any other

place where products and, or services are sold;

(c)

from the owner to enter any other place of

entertainment or the owner of premises open to the public.

Persons who during a public collection activity render Paid collectors.

services, which do not include collection of money or assets, against

any form of remuneration, whether taxable or otherwise, shall not be

considered as carrying out a public collection.

(1) Saving the provisions of the Requirements as to Public

Standards and Practice as to Advertisements, Methods of Advertising collections

carried out on

and Directions on Public Collections on the Broadcasting Media and broadcasting

media.

any other applicable law or regulation, voluntary organisations S.L. 350.31.

making public collections on the broadcasting media shall provide all

the necessary and relevant information to the potential donor.

(2) The information mentioned in sub-regulation (1) shall

include the name and VO number of the voluntary organisation, the

purpose of the public collection and the contact details of the enrolled

voluntary organisation to which the donations shall be made and the

preferred method of donation.

(3) Methods of donation may be made in cash or in kind or by

means of a cheque or bank transfer or by any other means as may be

deemed necessary

Provided that, in case of donations made in kind, these

shall be evaluated by a professional person.

(4) Voluntary organisations shall ensure that all the

information mentioned in this regulation is made available on the

broadcasting media in an appropriate and adaptable manner.

(5) Where the method of advertising on public collections on

the broadcasting media is carried out by means of telephone services,

and the cost of telephone calls or phone messages is higher than the

normal announced tariff, the broadcaster shall inform viewers of the

cost of that particular call or message

Provided that if part of the cost of the telephone calls or

phone messages, as the case may be, is intended for any social

purpose, then such part shall also be identified.

(1) When conducting collections through the use of

telephone services, collectors shall provide the name of the voluntary

organisation on whose behalf the public collection is being made,

their age, the VO number and the purpose of the public collection and

where premium calls are made by the donor, any information relating

to the cost of such calls shall be provided and clearly explained to the

donor.

(2) When conducting the public collection, collectors shall not

act in such a manner so as to cause or is likely to cause any form of

harassment to the recipient of the call and the voluntary organisation

shall establish the time within which calls shall be made, which shall

not be between 20.30hrs and 08.00hrs, unless authorisation is

otherwise obtained from the Commissioner.

(3) Collectors shall not call the same recipients more than

once during the same public collection, and they shall not ask

personal questions or try to obtain other unnecessary information

from the recipients of the call.

(4) Potential donors shall be instructed on the manner in which

donations shall be made, whether these are to be made in cash or in

kind, or by means of a cheque or bank transfer and shall be provided

with all necessary information relating to the manner in which

payment shall be effected.

(5) When phone calls are made for the sake of the collection,

the number of the incoming call shall not be private and shall be

displayed at all times. Collections made by phones shall not be made

by random calling and in an automated manner.

(6) Telephone calls shall not be made during times when

public collections are not permissible and each call shall have an opt-

out service option upon the request of the donor.

(1) Sales of donated magazines and, or books, the Trading

proceeds of which or part thereof is intended for donation to a activities.

particular voluntary organisation, or sales of donated magazines and,

or books to the public on behalf of a particular voluntary organisation

or group of voluntary organisations, the proceeds of which are

intended for the same purpose, shall be subject to the following

conditions

(a)

promoters of such donated magazines and, or books

shall provide the Commissioner with details as regards their

trading activities including a brief description of the policies

which apply and the procedures followed during the sale of such

magazines and, or books, as well as those applied and followed

for the promotion and marketing of their editions;

(b) a written agreement shall be made between the

promoter of the donated magazines and, or books prior to their

publication and the voluntary organisation receiving donations,

and a certified true copy of the agreement shall be endorsed by a

lawyer and submitted to the Commissioner; and

(c)

the percentage of the donation to be given to the

voluntary organisation shall be clearly shown on the front page

of the magazine or other published material, and shall be

unequivocal, certain and clearly legible.

(2) The written agreement shall be signed by all the parties

involved in the trading activity and shall include the following

(a)

the name and address of each party, the date, the

duration of the agreement and the terms and conditions

applicable to the agreement;

(b) in case of donations exceeding five thousand euro

(€5,000) over a period of one financial year, the exact amount of

the donation being offered and the source of the said donation,

with special reference to donations offered in cash or in kind;

(c)

the receipts for every donation received exceeding

five euro (€5) per day;

(d) a brief statement of the principal purpose and

objectives of the donation and the methods being used for the

donation;

(e)

unless there is provided that payment is made

directly to the voluntary organisation, a clause stating that the

funds received shall be held on behalf of the voluntary

organisation and shall be transferred to the voluntary

organisation as soon as possible;

(f)

that the promoter of the donated magazines and, or

books acting on behalf of the voluntary organisation shall

inform the public of the details of the voluntary organisation for

which public collections are carried out and of the amount of

money proceeding from the sales of the magazines and, or

books which the voluntary organisation received; and

(g) any other information about the donated magazines

and, or books and their promoters which is relevant and

necessary and which relates to the voluntary organisation.

(1) Images or descriptions promoting public collections

shall be decent and unambiguous, and shall not be misleading, or

likely to mislead the public, exaggerating, modified or likely to cause

fear, disturbances and distress to the public.

(2) All trademarks shall be respected and collectors shall act in

conformity with the provisions of the Copyright Act.

(3) Where the subject matter of a public collection in its

natural state is likely to cause any of the prohibitions mentioned in

sub-regulation (1), a warning shall be issued by the Commissioner

against public collectors in this regard.

(4) Public collectors shall not keep a mailing list, both postal

and electronic, in order to urge any person to make donations in a

frequent and continuous manner.

(5) Beneficiaries shall not be presented in a disrespectful way

in promotional activities and, where possible and appropriate,

beneficiaries shall have an input into the promotional strategies of the

voluntary organisation.

(1) Public collections carried out during public events

or other fundraising activities shall be conducted in a professional and

organised manner.

(2) Voluntary organisations carrying out any such public

collections shall inform the public, prior or during the event, about all

relevant and necessary information to which the public has an interest

to know. Such information shall include

(a)

the name, the registration number and contact details

of the voluntary organisation to which donations shall be made;

(b)

the purpose of the public collection;

(c)

the percentage of or the amount of the price of the

ticket or the participation fee or the amount of the objects sold

at an auction or car-booth sale which are actually being

attributed to the voluntary organisation.

(3) Where voluntary organisations wish to organise lotteries

that may include raffles and other types of games or concerts,

auctions and car boot sales in order to make public collections,

administrators shall ensure that all relevant laws, regulations and

rules are adhered to, where applicable.

(4) Auctions may be carried out solely by a certified public

auctioneer in accordance with the provisions of the Auctioneers Act Cap. 342.

and any proceeds of sale in part or in full which is intended to be used

as a public collection shall be clearly provided in the annual returns of

the voluntary organisation.

(5) Lotteries, games and other similar fundraising activity

shall be regulated, licensed and in compliance with the provisions of

the Gaming Act. Any collector shall be exempted from submitting the Cap. 583.

proceeds of any lottery, games or similar fundraising activity, if such

proceeds are submitted to the Gaming Authority in terms of the

Gaming Act.

(1) Administrators of voluntary organisations shall act Duties and

in a prudent manner in the interest of the voluntary organisation, responsibilities

of

while keeping a balance between the resources provided and services administrators.

rendered in the carrying out of public collections activities and the

potential risks related to the reputation and credibility of the

voluntary organisation.

(2) Administrators of a voluntary organisation shall act with

reasonable care and exercise due diligence in the carrying out of their

responsibilities and shall ensure that

(a)

the voluntary organisation describes the purpose of

any fundraising in an accurate manner;

(b) donations received are used to further the voluntary

organisation’s principal purpose and objectives;

(c)

where donations are made for a specific purpose, the

donor’s request is honoured.

(3) The administrators shall explain to donors and the public

about the voluntary organisation’s activities, and shall ensure that

transactions, operations, information and communications are easily

understood by donors and the public alike.

(4) The administrators shall clearly identify to donors and the

public the cause for which the fundraising is occurring and the

manner in which donations are being used. Administrators shall

ensure and exercise due diligence on fund raisers and public

collectors, and shall establish that they are fit and proper to carry out

public collections and fundraising events and activities.

(5) Administrators shall ensure that the voluntary organisation

has a policy for any activities involving volunteers, including how

they are contracted and managed. Administrators shall be aware of all

relevant legal requirements and conform fully to these requirements,

including but not limited to the legal obligations concerning

employment, equality and data protection.

(6) Administrators shall be accountable to the beneficiaries,

donors, fund raisers and the public. Administrators shall also be

responsible for ensuring that their voluntary organisation fulfils its

commitment to the best practice in fundraising.

(7) Where administrators decide to delegate the day-to-day

management of fundraising to employees, there should be effective

systems in place to ensure inter alia that

(a)

any delegation is clearly documented, understood

and implemented;

(b) clear reporting procedures are in place, which

include guidance on any particular matters that are to be

reported to administrators;

(c)

administrators receive regular and fully documented

reports on agreed matters, presented in a way that they can

understand and use and which allows them to exercise proper

diligence and control.

(8) Administrators shall exercise appropriate control of the

funds being collected, in any manner whatsoever, in order to ensure

that all collected funds are subject to transparency and accountability

and that the funds collected are only used for the purpose and

objectives for which they are intended.

(9) Administrators shall be responsible for ensuring that an

appeal for fundraising is intended to promote in the best manner

possible the purpose or objectives of the voluntary organisation and

that it shall not be such as to materially prejudice the principal

purpose and objectives of the voluntary organisation, while taking

into account any financial or credibility risks in relation with the

fundraising propose.

(10) Any significant appeal for fundraising shall be carefully

planned and published before carrying out the fundraising activity.

The purposes, credibility and principles of the voluntary organisation

shall be made known to the Commissioner before launching any

appeal for fundraising.

(1) Administrators may delegate certain responsibilities Responsibilities

to management, including the responsibility for organising or and

management.

managing fundraising campaigns.

(2) Where management has responsibility for fundraising by a

voluntary organisation, they shall ensure that

(a)

verifications relating to the suitability and

credentials of fund raisers to raise funds on behalf of the

voluntary organisation are in place;

(b) fund raisers are aware of the specific fundraising

efforts in which they are involved and may inform the public

about the purpose of the voluntary organisation;

(c)

fund raisers shall provide clear and adequate written

or verbal information to donors and the public, regarding the

nature of the type of contact information from voluntary

organisations, such as telephone calls, messages and the

frequency of planned communications;

(d) there is no misleading or ambiguous information in

any

of

the

voluntary

organisation’s

fundraising

communications;

(e)

procedures are implemented and safeguards are in

place, to ensure that particular attention is exercised as much as

possible, when obtaining donations from people who may be

considered vulnerable, including minors.

(1) Fund raisers shall respect the rights and dignity of

donors, beneficiaries and the public. Fund raisers shall act with

integrity and not misrepresent the voluntary organisation, its need for

funds or how they shall be applied.

(2) Fund raisers shall be polite and shall not intrude privacy or

be persistent and shall not create undue pressure on donors or on the

general public. Public collectors shall not follow a person or attempt

to talk to him if no interest is shown by such person to make a

donation.

(3) All fund raisers shall

(a)

be trustworthy and conduct themselves at all times

with integrity and honesty and shall act in such a manner as to

ensure that donors are not misled;

(b) ensure that their actions enhance the purpose and

reputation of the voluntary organisation which they represent;

(c)

be able to state the purpose for which funds being

collected shall be used;

(d) have a general knowledge about the aims and

objectives of the voluntary organisation and be able to inform

donors from where they can find supplementary information;

(e)

not act in any manner which is inconsistent with any

guidelines issued by the Commissioner, or cause or permit

others to do so;

(f)

not exploit any relationship with a donor, volunteer

or employee for personal benefit or private interest or misuse

their position for personal gain; and

(g) comply with all legal requirements which relate to

their activities within the voluntary organisation which employs

them or for which they act as volunteers.

(1) Where a public collection is carried out by means of

a trading activity or otherwise and the proceeds of sale devolve upon

a voluntary organisation, collectors shall give to each donor a receipt,

stating the amount of money received from each donor as an

acknowledgement of the donation received.

(2) In the case of a donation made in kind, a description of the

items received shall be produced to the donor in terms of the

valuation process as provided by a professional person.

(3) All receipts shall be numbered and shall include the name,

address and contact numbers of the voluntary organisation or the

individual, the date of the donation and the details of the collector.

(1) When obtaining, processing, retrieving and retaining Data protection.

data, the administrators shall conform with the provisions of the Data Cap. 586.

Protection Act, and any other applicable laws and regulations

regarding data protection.

(2) Where fundraising activities or public collections include

children in photos or videos, the consent of the parents or legal

guardians is required at all times.

(3) All personal data shall be collected in a legal, fair and

appropriate manner and all information which can be identified or

attributed to one or more individuals shall be treated as confidential.

(4) All voluntary organisations shall ensure that donors,

clients, service users and employees are clearly informed of their

rights under the Data Protection Act to gain access to a copy of their Cap. 586.

personal data.

(5) Any information obtained in confidence as part of the

fundraising process shall not be disclosed without the prior and

express consent of the donor.

(1) The Commissioner may disallow the continuance of Processing and

any fundraising activity or public collection at any stage, if there is a collection

donations.

breach of national laws and regulations.

(2) Donations and gifts shall be used for the purposes for

which they were donated. Secure measures shall be provided by

donees for donations made by means of online transactions and

receipts shall be provided accordingly.

(3) Head of schools shall be responsible for collections made

in schools, provided that the collector has obtained the written

permission of the Commissioner, and the Commissioner shall not be

held responsible for collections carried out in the actual place of

collection.

(4) The voluntary organisation and, or the owner of a premises

where public collections are actually carried out, shall be held

responsible for the health and safety of the collector while performing

the public collection, and the Commissioner shall not bear any

responsibility for any accident, injuries or damages sustained by

public collectors.

(5) For the purpose of collections carried out in a private

establishment, a notice may be displayed on the premises by the

owner of such premises providing that collectors may not enter same

premises, notwithstanding the fact that the collection is open to the

public. Collections may not be carried out on any land or premises

privately owned without the written and express consent of the owner.

(6) Collectors may not be stationed in the entrance of a shop or

similar establishment, on a pedestrian crossing, within three (3)

meters of an ATM machine, market stall or street performers.

(1) Where public collections are made by digital or

electronic means, users shall be aware of which data is being

collected, and all information regarding the collection of data shall be

clearly provided by means of a privacy policy or statement.

(2) All information on the purpose and the duration of the

collection, the name and the registered number of the voluntary

organisation and the contact details of the administrators shall be

made available on the website of the voluntary organisation or public

collectors, where these are individuals.

(3) Any public collection or fundraising activity through

electronic means carried out by a foreign voluntary organisation shall

obtain the prior written authorisation from the Commissioner. Local

voluntary organisations may carry out such public collections or

fundraising activities, provided these are enrolled and compliant.

(4) Public collections carried out by telephone including by

transmitting messages may only be carried out with the prior and

express consent of the Commissioner. Messages shall have a simple

opt-out option which shall be free of charge. Premium rate messaging

and any information relating to the cost of such messages shall be

provided in a clear and unequivocal manner.

(5) Bulk emails shall not be permissible unless the prior

consent of the donor is obtained and each email shall have a simple

opt out option which is clearly explained.

(6) Voluntary organisations may use crowd funding facilities,

provided that such facilities or accommodations are registered and in

conformity with applicable rules, laws and regulations.

(7) Any expenses used for crowd funding policy shall be

disclosed to the Commissioner before crowd funding is made, and no

part of the donations raised through such crowd funding may be

shared with policy owners.

(8) All generated revenue and other income raised through the

crowd funding shall be recorded by means of bank statements, where

the crowd funding is easily distinguished and traceable. Donations

exceeding twenty euro (€20) each day made by the same donor shall

not be permissible.

(1) The Commissioner shall, in order to investigate Review

matters, or the conduct of affairs of a voluntary organisation, in terms Procedures

the

of the powers vested in him by means of articles 7(g), 7(h) and article Commissioner.

34 of the Act, have the right to request any information, documents

and, or clarifications from any public or private entity or authority

and from any person, including but not limited to administrators,

members, collectors, fund raisers, donors or volunteers of any

voluntary organisation or those claiming or alleging to have such

status, as he may deem necessary in the circumstances.

(2) The Commissioner shall also be entitled to disclose any

information to such entity or authority or person for the purpose of

investigating matters of a voluntary organisation, when he has a

suspicion that such voluntary organisation or an administrator or

member thereof is carrying out any illegal activity, including but not

limited to money laundering and financing of terrorism, or any other

illicit or criminal activity.

(3) Saving the provisions of sub-regulation (2), the

Commissioner is entitled to obtain any information from other

entities or authorities, including but not limited to, the Registrar for

Legal Persons, the Malta Security Service, Jobsplus, the

Commissioner of Police, the Commissioner for Revenue, the

Financial Intelligence Analysis Unit, the Asset Recovery Bureau, the

Malta Financial Services Authority and the Courts of Justice and also

to disclose any information to such other entities or authorities

Provided that such information may include any other

information from the Registrar of Courts and, or the Office of the

Attorney General or the Office of the State Advocate respectively,

relating to any pending criminal or civil proceedings, with particular

reference to any information concerning the attachment, freezing,

confiscation and seizure of assets

Provided further that any privileged information obtained

by the Commissioner upon such request, shall be used exclusively for

the purposes of the powers vested in him in terms these regulations

and shall not be made accessible to the public.

(4) The Commissioner may also request any member,

administrator, collector, fund raiser, donor or volunteer of the

voluntary organisation, or those claiming or alleging to have such

status, to submit a conduct certificate issued under the Conduct

Certificates Ordinance and may refuse to issue an enrolment

certificate to such member or administrator of the voluntary

organisation, or withdraw any issued enrolment certificate, if such

member or administrator of the voluntary organisation fails to provide

such conduct certificate.

(5) Subject to the provisions of article 3(3) of the Conduct

Certificates Ordinance the Commissioner may, in the course of his

investigations, request a complete record of criminal convictions of

any member, administrator, collector, fund raiser, donor or volunteer

of the voluntary organisation concerned. The Commissioner may

refuse to issue an enrolment certificate, or withdraw any issued

enrolment certificate, if the person to whom the record of criminal

convictions relates refuses to give his consent as required under

article 3(3) of the Conduct Certificates Ordinance.

(6) For the purpose of these regulations and in the course of

any investigation made under article 7(1)(g) of the Act, the

Commissioner shall have the power to summon witnesses and to

administer an oath to any person concerned in the investigation and

require them to give evidence.

(7) In the event that such person refuses to produce the

requested information, the Commissioner may impose an

administrative fine not exceeding five hundred euro (€500) and an

additional penalty of three euro (€3) for each day such refusal

subsists.

(1) Voluntary organisations or individual collectors

shall not demand from any person to make testamentary dispositions

in their favour. Where a person wishes to make testamentary

dispositions in favour of voluntary organisations, such dispositions

may only made to enrolled voluntary organisations which are

compliant.

(2) If at the time of death of the testator, a voluntary

organisation is dis-enrolled, non-enrolled or not compliant, or if the

purpose of such voluntary organisation has been fulfilled or achieved,

such dispositions shall be considered null and void.

(1) The Office of the Commissioner shall establish a

complaints procedure which shall be clear, unambiguous and made

accessible to the public.

(2) Complaints may be made by anyone, irrespective whether

the complainant is a public collector, a fund-raiser, an administrator, a

member, a voluntary organisation, an individual, a donor or a donee.

(3) The Commissioner shall, to the extent that such complaints

are not of a criminal nature, have the power to decide on complaints

and shall be vested with quasi-judicial powers where such complaints

are of a civil nature. Complaints shall be investigated by

Commissioner without delay and his decision shall be final and may

only be challenged in Court.

(4) The remedy awarded by the Commissioner to such

complaints shall be real, including but not limited to the return of

assets to the principal owner or a refund of the donation to donor.

(1) Any individual or voluntary organisation which is in Offences and

breach of these regulations is guilty of an offence and shall, on penalties.

conviction, be liable to the penalties established under article 31 of

the Act.

(2) Where during a public collection or fundraising events or

activities, any member of the organisation either commits or suffers

from an act of sexual harassment including indecent exposure,

stalking, sexual assault and obscene or threatening communications,

the voluntary organisation shall report the matter to the police and,

where necessary provide any support and assistance to the victim.

(3) The provisions of sub-regulation (1) shall also apply in

cases of discrimination against any person with disability.

(4) Where a breach occurs in terms of sub-regulation (1), any

funds which have been raised by means of the public collection

activity shall be confiscated and deposited in the Voluntary

Organisations Fund.

The Street Collections Orders are hereby being repealed, Revocation of

without prejudice to anything done or omitted to be done thereunder. the

Collections

Orders.

€1.89