Street and House to House Collections Act , 1962

1 Definitions.

1.—In this Act, save where the context otherwise requires—

“Chief Superintendent” means a Chief Superintendent for the time being of the Garda Síochána and includes an officer of the Garda Síochána acting as a Chief Superintendent;

“collection” means a collection of money from the public in any public place or places or by house to house visits or both in such place or places and by such visits for the benefit (actual, alleged or implied) of a particular object, whether charitable or not charitable, and whether any badge, emblem or other token is or is not exchanged or offered in exchange for money so collected, but does not include street-trading within the meaning of the Street Trading Act, 1926, collecting money for a lottery (including a sweepstake) declared by the Gaming and Lotteries Act, 1956, not to be unlawful or to which that Act does not apply, or collecting money in the ordinary course of trade or business, or begging or receiving alms, and references to a collection include references to an attempt to collect money; and cognate words shall be construed accordingly;

“collection permit” means a permit granted under this Act authorising a person to hold a collection;

“collector's authorisation” means an authorisation granted under section 14 of this Act;

“hold”, in relation to a collection, includes organise and promote; and cognate words shall be construed accordingly;

“house” includes any building occupied for residential or business purposes and also includes part of a building so occupied;

“the Minister” means the Minister for Justice;

“prescribed” means prescribed by regulations under section 28 of this Act;

“public place” means any place to which the public have access whether as of right or by permission and whether subject to or free of charge but does not include a church or building used for public worship or the grounds of a church or of such a building;

“unauthorised collection” has the meaning specified in section 3 of this Act.

2 Application of Act in relation to collections from house to house.

2.—(1) This Act shall not apply in relation to collections in the course of house to house visits unless and until an order shall have been made by the Minister under this section declaring that it shall apply in relation to such collections.

(2) Subject to the provisions of this section, an order under this section may declare that this Act shall apply in relation to collections in the course of house to house visits either generally or in relation to such collections in any district or area specified in the order, and, on an order being made, this Act shall, save as provided by subsection (3) of this section, apply in relation to such collections generally or in relation to collections in the district or area specified in the order, as the case may be, as on and from the day appointed for that purpose by the order.

(3) An order under this section may exempt from the application thereof any particular collection in the course of house to house visits specified in the order or any class of such collection so specified, and this Act shall not apply in relation to such a collection or class of collection, as the case may be, during the period of the exemption.

(4) The Minister may by order revoke or amend an order under this section (including an order under this subsection).

(5) An order under this section shall not apply in relation to a collection that is—

(a) for the benefit of an object that is charitable and is under the control of a religion recognised by the State under Article 44 of the Constitution, and

(b) held in accordance with the laws, canons and ordinances of the religion concerned.

3 Prohibition of unauthorised collections.

3.—(1) A person shall not hold or be concerned in the holding of a collection (in this Act referred to as an unauthorised collection) in respect of which no collection permit is in force, or which is held otherwise than in accordance with a collection permit granted in respect thereof, or in relation to which there is any contravention (whether by act or omission) of any condition attached to the collection permit granted in respect thereof.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.

(3) In any proceedings under this section in relation to a collection a certificate purporting to be signed by a Chief Superintendent and to certify that on a day or days specified in the certificate a person named therein was not the holder of a collection permit authorising him to hold that collection on such day or days or (as the case may be) during a specified time or times on such day or days shall, without proof of the signature of the person purporting to sign the certificate or that he was a Chief Superintendent, be evidence until the contrary is proved of the matters certified in and by the certificate.

4 Prohibition against owners of certain public places allowing unauthorised collections therein.

4.—(1) The owner of any public place at which an event is taking place and to which the public have access on payment for admission or the promoter of the event shall not knowingly allow an unauthorised collection to be made in such place during the holding of the event or in connection therewith.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.

(3) Where a person is charged with an offence under this section in relation to any place, it shall be a good defence to the charge for the person to show that he took precautions that were reasonable in the circumstances to prevent the making of unauthorised collections in that place or that he did not know or suspect and could not reasonably have known or suspected that the unauthorised collection to which the charge relates would or was likely to be made.

5 Application for collection permits.

5.—(1) The Chief Superintendent for any locality may, on the application of any person who proposes to hold a collection in that locality, grant a collection permit to that person authorising him to hold a collection in that locality.

(2) An application for a collection permit under this section shall be in writing in the prescribed form and shall give such particulars as may be required by the prescribed form.

(3) Subject to subsection (4) of this section, an application for a collection permit under this section shall be made—

(a) not more than six months, and

(b) not less than fourteen days,

before the day or the first of the days on which the collection to which the application relates is proposed to be held.

(4) Where, in the opinion of the Commissioner of the Garda Síochána, the circumstances of the case so warrant, an application under this section for a collection permit that is made less than fourteen days before the day or the first of the days on which the collection to which the application relates is proposed to be held may be granted.

6 Grant of collection permits.

6.—(1) Subject to the provisions of this Act, a Chief Superintendent shall grant a collection permit to every person who has duly applied to him under this Act for the grant of a permit.

(2) Where applications are made for the grant of collection permits in respect of more than one collection proposed to be held on the same day and wholly or partly in the same locality, the Chief Superintendent to whom the applications are made shall either—

(a) grant a permit in respect of one application only, or

(b) if

(i) all the applicants whose applications do not fall to be refused under any other section of this Act consent, and

(ii) the Chief Superintendent is satisfied that the holding of the collections would not result in the public being excessively importuned,

grant a permit in respect of each application that does not fall to be refused under any other section of this Act.

(3) Where—

(a) applications are made for the grant of collection permits in respect of more than one collection proposed to be held on the same day and wholly or partly in the same locality,

(b) no collection permit stands granted in respect of a collection to be held on the day and wholly or partly in the locality to which the applications relate, and

(c) only one permit is proposed to be granted,

the permit shall be granted in respect of—

(i) the object in relation to which an application is received by the Chief Superintendent for the locality on a day before the day of the receipt of any other application, or

(ii) if two or more applications are received on the same day, being a day before the day on which any other application is received, the object chosen by lot from among those in respect of which applications are received on the same day, being a day before the day on which any other application is received,

and where, pursuant to this subsection, it is proposed to make a determination by lot, the applicants concerned shall be informed of the time and place at which the determination will be held and be given an opportunity to be present thereat:

Provided that, an application that—

(I) is on behalf of an object in respect of which a collection was not held in the immediately preceding year on the day corresponding to the day to which the applications relate, and

(II) is received by the Chief Superintendent on the day, or on a day before the day, on which there is received by the Chief Superintendent an application that is on behalf of an object in respect of which a collection was so held and that does not fall to be refused under any other section of this Act,

shall be deemed, for the purposes of this subsection, not to have been received by the Chief Superintendent.

(4) A collection permit shall be in the prescribed form and shall be expressed and operate to authorise the person (who shall be named therein) to whom it is granted to hold for the benefit of a specified object a collection in a specified locality or in public places of a specified kind in the division of the Chief Superintendent during a specified time or times on a named day or days (being either all the days specified in the application for the permit or such one or more of those days as the Chief Superintendent considers reasonable in all the circumstances), but subject to the provisions of this Act and to the conditions (if any) attached to and set out in the permit.

(5) A collection permit shall be signed by the Chief Superintendent by whom it is granted.

(6) A Chief Superintendent to whom an application (in this subsection referred to as the relevant application) for a collection permit is made not later than three months before the day or the first of the days on which the collection to which the relevant application relates is proposed to be held shall, not later than seven days after the date on which the relevant application is received by him, give notice of such receipt to any holder of a collection—

(a) that was held in the immediately preceding year on the day corresponding to a day to which the relevant application relates,

(b) that was in respect of an object other than the object to which the relevant application relates,

(c) the holder of which has not been notified under this subsection of the receipt of any other application relating to a day to which the relevant application relates, and

(d) in respect of which an application for a collection permit in respect of a collection to be held on a day to which the relevant application relates has not been received by the Chief Superintendent.

(7) (a) A Chief Superintendent to whom an application for a collection permit is made shall, as soon as may be during the appropriate period, either grant the application and send the collection permit to the applicant or refuse the application and inform the applicant in writing of the fact of his refusal and of the ground therefor.

(b) In this subsection “the appropriate period” means—

(i) in relation to an application notice of the receipt of which is required by subsection (6) of this section to be given to any person or in relation to an application made by any such person, the period beginning on the fourteenth day after and ending on the twenty-fourth day after the day on which the first mentioned application is received by the Chief Superintendent, and

(ii) in relation to any other application, the period of fourteen days immediately following the day on which the application is received by the Chief Superintendent.

(8) In subsections (2), (3) and (6) of this section “collection” does not include a collection in a public place in respect of which the owner or occupier of the place is the holder of a collector's authorisation.

7 Holding of collection permits by nominees.

7.—Where the person to whom a collection permit is granted had applied for the permit as the nominee of a body (whether a body corporate or an unincorporated body of persons) named in the application—

(a) the person shall be described as the nominee of the body in the permit granted to him, and

(b) the permit may, at any time before the collection to which it relates takes place, on the application of the body aforesaid to the Chief Superintendent by whom the permit was granted, be transferred to another nominee of the body if the Chief Superintendent is satisfied that the circumstances so warrant, and, upon the transfer of the permit, the nominee to whom it is transferred shall be deemed for all purposes to be the person to whom the permit was granted.

8 Attachment of conditions to collection permits.

8.—(1) A Chief Superintendent may attach to a collection permit granted by him such conditions in relation to the conduct of the collection authorised by the permit as are, in his opinion, necessary or desirable for the maintenance of public order and the prevention of annoyance to the public (including the occupants of houses visited by collectors) and in particular all or any one or more of the following conditions—

(a) a condition prohibiting the holding of the collection in particular areas of the locality in which the collection is authorised by the collection permit to be held or at particular times,

(b) a condition limiting the number of collectors who may be engaged in the collection,

(c) a condition prohibiting the wearing of fancy dress, masks or disguises by the collectors engaged in the collection,

(d) a condition prohibiting the making of the collection by collectors in vehicles.

(2) Every condition attached under this section to a collection permit shall be set out in full in the permit.

9 Refusal of collection permits in respect of certain collections.

9.—A Chief Superintendent shall not grant a collection permit for any collection in respect of which he is of opinion that—

(a) the holding of the collection would be prejudicial to the maintenance of public order,

(b) the proceeds of the collection or any portion thereof would be for the benefit of an object which is unlawful or contrary to public morality or for the benefit of an organisation membership of which is unlawful,

(c) the proceeds of the collection or any portion thereof would be used in such a manner as to encourage, either directly or indirectly, the commission of an unlawful act,

(d) the proceeds of the collection would not be used for or devoted to the purported object or objects thereof,

(e) the applicant for the permit, or, where the applicant is the nominee of a body (whether a body corporate or an unincorporated body of persons), the members of the body, would derive personal profit from the proceeds of the collection, or

(f) the collectors would derive personal profit, other than the payment of a reasonable commission for their services, from the proceeds of the collection.

10 Refusal of collection permits to persons convicted of certain offences.

10.—A Chief Superintendent shall not grant a collection permit to an applicant who, in the opinion of the Chief Superintendent, is not a fit and proper person to hold such a permit by reason of the fact that the applicant had been convicted of—

(a) an offence conviction for which, in the opinion of the Chief Superintendent, indicates that the applicant acted fraudulently or dishonestly,

(b) an offence under this Act, or

(c) an offence of a kind the commission of which would be likely to be facilitated by the grant of a collection permit to the applicant.

11 Refusal of collection permits to previous holders in certain circumstances.

11.—A Chief Superintendent shall not grant a collection permit to an applicant if, in the opinion of the Chief Superintendent, the applicant, while at any time the holder of a collection permit in respect of a previous collection, failed, in holding the previous collection, to exercise due diligence in—

(a) securing that persons authorised by him to act as collectors were fit and proper persons for the purpose,

(b) securing compliance by the collectors with the provisions of this Act or any regulations thereunder, or

(c) preventing collectors' authorisations being obtained by persons other than those authorised by him to be collectors.

12 Revocation of collection permits.

12.—(1) The Chief Superintendent for any locality may revoke a collection permit granted in respect of a collection in that locality if, in his opinion, any ground exists either in relation to—

(a) the collection itself, or

(b) the person to whom the collection permit in respect thereof was granted,

that would, by virtue of section 9, 10 or 11 of this Act, have required the Chief Superintendent, if he had been aware of the ground at the time of the application for the permit, to refuse to grant the permit in respect of the collection.

(2) The revocation of a collection permit under this section shall be in writing in the prescribed form and shall contain the prescribed particulars including a statement of the grounds of the revocation.

13 Appeals to District Court.

13.—(1) Whenever an application for a collection permit is refused by a Chief Superintendent, the applicant for the permit may appeal to the District Court against the refusal and if, on the hearing of the appeal, the Court is satisfied, having regard to all the circumstances of the case, that the application should not have been refused, the Court may direct the Chief Superintendent to grant to the applicant a collection permit in accordance with the application, and the Court may further direct the Chief Superintendent to attach to the permit such (if any) conditions authorised by this Act as shall appear to the Court to be desirable in the public interest.