Regulations, 2021

L.N. 424 of 2021

VOLUNTARY ORGANISATIONS ACT

(CAP. 492)

Voluntary Organisations (Public Collections) (Amendment)

Regulations, 2021

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

Voluntary Organisations Act, the Minister for Inclusion and Social

Wellbeing, after consultation with the Parliamentary Secretary for

Sport, Recreation and Voluntary Organisations, has made the

following regulations:-

The title of these regulations is the Voluntary Organisations

(Public Collections) (Amendment) Regulations, 2021 and these

regulations shall be read and construed as one with the Voluntary

Organisations (Public Collections) Regulations, hereinafter referred to

as "the principal regulations".

In sub-regulation (2) of regulation 1 of the principal

regulations, the words "and in terms of the provisions of the Public

Collections Act" shall be deleted.

Regulation 2 of the principal regulations shall be amended

as follows

(a) in the definition "compliant" immediately after the

words "in conformity with" there shall be added the words "the

provisions of";

(b) immediately after the definition "financial year",

there shall be added the following new definition

" "fundraising activity" means an activity or event

organised by a voluntary organisation to raise funds for a

social, charitable, or public purpose;"; and

(c) the definition "public collection" shall be substituted

by the following new definition

" "public collection" means a collection from the

general public by a voluntary organisation and includes any

form of collection, whether in cash or in kind, tangible or

intangible, corporate or incorporate, movable or

immovable, by any means or in any manner whatsoever,

and excludes collections or fundraising activities carried

out between members of a voluntary organisation;".

Regulation 4 of the principal regulations shall be amended Amends

regulation 4 of

as follows

the principal

regulations.

(a) in sub-regulation (2) thereof, the words "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." shall be deleted;

(b) sub-regulation (3) thereof shall be substituted by the

following new sub-regulation

"(3) Where a voluntary organisation carries out

fundraising activities, such voluntary organisations shall

submit a statement of annual accounts for public

collections to the Commissioner indicating each

fundraising activity and the amount collected from public

collections. Such statement shall be submitted in the form

indicated in the annual returns submitted on a yearly basis

by voluntary organisations.";

(c)

sub-regulations (4) and (5) thereof shall be deleted;

(d) sub-regulations (6) and (7) thereof shall

be

renumbered as sub-regulations (4) and (5) respectively;

(e) in sub-regulation (4) as renumbered, the words

"without such permit" shall be deleted; and

(f) the first proviso to sub-regulation 5 thereof as

renumbered shall be substituted by the following new proviso

"Provided that collectors carrying out any

public collection who are minors below the age of

sixteen (16), shall be accompanied by a person who is an

adult or a major, and the provisions relating to minors

and guardianship under the Civil Code and the

provisions under paragraph 12 of Tariff C of Schedule A

to the Code of Organization and Civil Procedure shall

apply mutatis mutandis to these regulations.".

Regulation 6 of the principal regulations shall be amended

as follows

(a) in sub-regulation (1) thereof, the words "issued by the

Commissioner." shall be substituted by the words "issued by an

enrolled and compliant voluntary organisation.";

(b)

sub-regulations (4), (5) and (8) thereof shall be

deleted;

(c) and sub-regulations (6) and (7) shall be renumbered

as sub-regulations (4) and (5) respectively;

(d) in sub-regulation (4) thereof as renumbered, the

words "the Commissioner" shall be substituted by the words "the

enrolled and compliant voluntary organisation"; and

(e) in sub-regulation (5) thereof as renumbered, the

words "six (6) months." shall be substituted by the words "one

(1) year.".

Regulation 7 of the principal regulations shall be amended

as follows

(a) in sub-regulation (1) thereof, the words "provided by

the Commissioner." shall be substituted by the words "provided

by the enrolled and compliant voluntary organisation. The seal

may bear the name of the voluntary organisation or the name of

the Office of the Commissioner for Voluntary Organisations.";

(b) in sub-regulation (2) thereof, the words "shall be

opened in front of two administrators of the voluntary

organisation in the presence of a warranted professional person:"

shall be substituted by the words "shall be opened in front of at

least two administrators of the enrolled and compliant voluntary

organisation:";

(c) in sub-regulation (3) thereof, the words "by the two

administrators of the voluntary organisation and the warranted

professional person" shall be substituted by the words "by at

least two administrators of the enrolled and compliant voluntary

organisation";

(d) sub-regulations (5), (6) and (7) thereof shall be

deleted; and

(e) sub-regulation (8) thereof shall be renumbered as

sub-regulation (5).

Regulation 8 of the principal regulations shall be amended Amends

regulation 8 of

as follows

the principal

regulations.

(a)

sub-regulation (2) thereof shall be amended as

follows

(i) the words "all envelopes shall be numbered,",

shall be substituted by the words "all envelopes shall";

(ii) the words "date of the collection:" shall be

substituted by the words "date of the collection."; and

(iii)

the proviso thereof shall be deleted;

(b)

sub-regulation (3) shall be deleted;

(c) sub-regulations (4) and (5) shall be renumbered as

sub-regulations (3) and (4) respectively;

(d) in sub-regulation (3) thereof as renumbered, the

words "shall be opened in front of two administrators of the

voluntary organisation in the presence of a warranted

professional person." shall be substituted by the words "shall be

opened in front of at least two administrators of the enrolled and

complaint voluntary organisation."; and

(e) in sub-regulation (4) thereof as renumbered, the

words "by the two administrators of the voluntary organisation

and the warranted professional person" shall be substituted by

the words "by at least two administrators of the enrolled and

compliant voluntary organisation".

Regulation 10 of the principal regulations shall be amended Amends

regulation 10 of

as follows

the principal

regulations.

(a)

sub-regulation (3) thereof shall be deleted;

(b) sub-regulation (4) thereof shall be renumbered as

sub-regulation (3);

(c) sub-regulation (3) thereof as renumbered shall be

substituted by the following new sub-regulation

"(3) Collectors may not demand and shall not be

entitled to any payment, donations or gifts or any other

form of remuneration for carrying out their services

Provided that employees may be entitled solely

to remuneration corresponding to their salary

Provided further that in case of employees

receiving any form of remuneration, any form of

compensation from the money donated shall be

prohibited."; and

(d) immediately after sub-regulation (3) thereof as

renumbered, there shall be added the following new sub-

regulation

"(4) Voluntary organisations or their sponsors may

nonetheless 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.".

The proviso to sub-regulation (3) of regulation 13 of the

principal regulations shall be substituted by the following new

"Provided that in case of monetary donations

exceeding five thousand euro (€5000) and donations in kind, the

donor shall submit documentation indicating the value of the

item sold, and the source of the donation and the Commissioner

shall have the discretion to evaluate such documentation.".

In paragraph (c) of sub-regulation (2) of regulation 15 of

the principal regulations, the words "exceeding five euro (€5) per day"

shall be deleted.

Regulation 16 of the principal regulations shall be amended

as follows

(a)

sub-regulation (4) thereof shall be deleted; and

(b) sub-regulation (5) thereof shall be renumbered as

sub-regulation (4).

Regulations 18, 19 and 20 of the principal regulations shall

be deleted and regulations 21 to 28 shall be renumbered as regulations

18 to 25 respectively.

Regulation 18 of the principal regulations, as renumbered,

shall be amended as follows

(a) sub-regulation (2) thereof shall be substituted by the

following new sub-regulation

"(2) In case of donations in kind, the donor shall

submit documentation indicating the value of the item sold,

and the source of the donation and the Commissioner shall

have the discretion to evaluate such documentation.".

(b) in sub-regulation (3) thereof, the words "or the

individual" shall be deleted.

In sub-regulation (6) of regulation 20 of the principal Amends

regulations, as renumbered, the words "on a pedestrian crossing, regulation

the principal

within three (3) meters of an ATM machine, market stall or street regulations.

performers." shall be substituted by the words "or within five (5)

meters of an ATM machine.".

Regulation 21 of the principal regulations, as renumbered, Amends

regulation 21 of

shall be amended as follows

the principal

regulations.

(a)

sub-regulation (5) thereof shall be deleted;

(b) sub-regulations (6), (7) and (8) shall be renumbered

as sub-regulations (5), (6) and (7) respectively; and

(c) in sub-regulation (7) thereof as renumbered, the

words "Donations exceeding twenty euro (€20) each day made

by the same donor shall not be permissible." shall be deleted.

Regulation 22 of the principal regulations, as renumbered, Amends

regulation 22 of

shall be amended as follows

the principal

regulations.

(a) in sub-regulation (4) thereof, the words "any member,

administrator, collector, fund raiser, donor or volunteer" shall be

substituted by the words "any member or administrator"; and

(b) in sub-regulation (5) thereof, the words "any member,

administrator, collector, fund raiser, donor or volunteer" shall be

substituted by the words "any member or administrator".

In sub-regulation (1) of regulation 23 of the principal Amends

regulations, as renumbered, the words "or individual collectors" shall regulation

the principal

be deleted.

regulations.

In the Maltese version of sub-regulation (2) of regulation Amends

24 of the principal regulations, as renumbered, the words "Ilmenti regulation

the principal

magħmulin minn xi persuna, irrispettivament jekk min jilmenta u regulations.

kollettur pubbliku," shall be substituted by the words "Ilmenti jistgħu

jsiru minn kull persuna, irrispettivament jekk min jilmenta ikun

kollettur pubbliku,".

In sub-regulation (1) of regulation 25 of the principal

Amends

regulation 25 of

regulations, as renumbered, the words "Any individual or" shall be

the principal

deleted.

regulations.

€0.63