Regulations, 2021

L.N. 425 of 2021

VOLUNTARY ORGANISATIONS ACT

(CAP. 492)

Voluntary Organisations (Charity Shops) (Amendment)

Regulations, 2021

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

(Charity Shops) (Amendment) Regulations, 2021 and these regulations

shall be read and construed as one with the Voluntary Organisations

(Charity Shops) Regulations, hereinafter referred to as "the principal

regulations".

Regulation 3 of the principal regulations shall be amended

as follows

(a) in sub-regulation (1) thereof, immediately after the

word "enrolled" there shall be added the words "and compliant";

(b)

sub-regulation (2) thereof shall be amended as

follows

(i) in paragraph (d) thereof, the words "charity

shops" shall be substituted by the words "voluntary

organisations";

(ii) in paragraph (e) thereof, the words "charity

shops" shall be substituted by the words "voluntary

organisations";

(iii) in paragraph (f) thereof, the words "legitimate

charity shops" shall be substituted by the words "voluntary

organisations"; and

(iv) in paragraph (g) thereof, the words "for

charities" shall be substituted by the words "of voluntary

organisations".

Regulation 4 of the principal regulations shall be Amends

regulation 4 of

substituting by the following

the principal

regulations.

(a) sub-regulation (1) thereof shall be substituted by the

following new sub-regulation

"(1) All enrolled and compliant voluntary

organisations may establish a charity shop and shall notify

the Commissioner fifteen (15) days before establishing

such charity shop

Provided that the Commissioner shall have the

discretion to grant, refuse or terminate any authorisation to

establish such charity shop

Provided further that the Commissioner shall, in

writing, give justifiable reasons for his decision to refuse or

terminate such authorisation, particularly in case of non-

compliance of the enrolled voluntary organisation with all

the requirements established in the provisions of the Act

and these regulations."; and

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

or licence or authorisation" shall be substituted by the words "the

authorisation".

Regulation 5 of the principal regulations shall be deleted Deletes

and regulations 6 to 20 shall be renumbered as regulations 5 to 19 regulation

the principal

respectively.

regulations.

In sub-regulation (5) of regulation 5 of the principal Amends

regulations, as renumbered, the words "on the façade of their regulation

the principal

premises" shall be substituted by the words "in their premises".

regulations.

Regulation 7 of the principal regulations, as renumbered, Amends

regulation 7 of

shall be amended as follows

the principal

regulations.

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

Schedule 1, including the details of the selling items of the

charity shop and the value added tax (VAT) registration

number.", shall be substituted by the words "prescribed in

Schedule 1.";

(b)

sub-regulation (2) thereof shall be amended as

follows

(i) paragraph (a) thereof shall be substituted by the

following new paragraph

"(a) the purpose and activities of the charity

shop;";

(ii) in paragraph (e) thereof, immediately after the

words "to donors" there shall be added the words ", where

the donor is known,"; and

(iii) in paragraph (f) thereof, immediately after the

words "Regulations." there shall be added the words "For

the purpose of this regulation, any information regarding

the trading activities carried out by charity shops shall

provide an actual and transparent analysis of the generated

revenue, other income, expenditure, assets and liabilities

for the respective financial year.";

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

following new sub-regulation

"(3) In case a voluntary organisation requests items

for donation, administrators shall include clear contact

details of the voluntary organisation establishing the

charity shop on all requests made for donations."; and

(d)

sub-regulation (4) thereof shall be deleted.

Regulation 9 of the principal regulations, as renumbered,

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 the

voluntary organisation.";

(b)

sub-regulation (2) thereof shall be amended as

follows

(i) in paragraph (a) thereof, immediately after the

words "of the person" there shall be added the words "who

operates in the charity shop";

(ii) in paragraph (b) thereof, immediately after the

words "of the person" there shall be added the words "who

operates in the charity shop";

(iii) in paragraph (c) thereof, immediately after the

word "enrolled" there shall be added the words "and

compliant"; and

(iv) in paragraph (e) thereof, the words "of the

Commissioner or a representative acting on his behalf and"

shall be substituted with the words "of";

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

applications for such tags are made by a voluntary organisation,"

shall be substituted by the words "Administrators of";

(d) in sub-regulation (5) thereof, the words "expiry

period, which period shall be at the discretion of the

Commissioner." shall be substituted by the words "expiry period

of one (1) year."; and

(e)

sub-regulations (6) and (7) thereof shall be deleted.

Sub-regulation (2) of regulation 10 of the principal Amends

regulations, as renumbered, shall be substituted by the following new regulation

the principal

sub-regulation

regulations.

"(2) A charity shop may only exchange items against a

donation and any item which is legally prohibited for sale may

not be exchanged from a charity shop.".

Regulation 14 of the principal regulations, as renumbered, Amends

regulation 14 of

shall be amended as follows

the principal

regulations.

(a) in sub-regulation (1) thereof, the words "and that the

charity shop is appropriately licensed" shall be deleted; and

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

following new sub-regulation

"(2) Administrators shall be aware that the donation

of goods exchanged for donations shall meet the primary

purpose and objectives of the voluntary organisation.".

Regulation 15 of the principal regulations, as renumbered, Amends

regulation 15 of

shall be amended as follows

the principal

regulations.

(a)

sub-regulation (1) thereof shall be amended as

follows

(i) the words "A licence, permit or authorisation"

shall be substituted by the words "An authorisation"; and

(ii) in the proviso thereof, the words "licence,

permit or authorisation" shall be substituted by the word

"authorisation"; and

(b)

in the proviso to sub-regulation (2) thereof, the words

"the licence" shall be substituted by the words "the

authorisation".

Sub-regulation (1) of regulation 19 of the principal

regulations, as renumbered shall be substituted by the following new

sub-regulation

"(1) Any voluntary organisation which is in breach of

these regulations shall be guilty of an offence and shall, on

conviction, be liable to the penalties established under article 31

of the Act.".

€0.45