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HOUSE TO HOUSE CHARITABLE COLLECTIONS ACT (NORTHERN IRELAND) 1952 - SECT 2

Licences.

2.(1) Where a person who is promoting, or proposes to promote, a collection in
any locality for a charitable purpose makes to the county inspector of police
for the area comprising that locality an application in the prescribed manner
specifying the purpose of the collection and the locality within which the
collection is to be made, and furnishes such county inspector with the
prescribed information, the county inspector shall, subject to the following
provisions of this section, grant to him a licence authorising him to promote
a collection within that locality for that purpose.

(2) A licence shall be granted for such period, not being longer than twelve
months, as may be specified in the application, and shall, unless it is
previously revoked, remain in force for the period so specified:

Provided that, if it appears to a county inspector of police to be expedient
to provide for the simultaneous expiration of licences to be granted by him in
respect of collections which in his opinion are likely to be proposed to be
made annually or continuously over a long period, he may, on the grant of such
a licence, grant it for a period shorter or longer than that specified in the
application therefor, or for a period longer than twelve months (but not
exceeding eighteen months), as may be requisite for that purpose.

(3) A county inspector of police may refuse to grant a licence, or, where a
licence has been granted, may revoke it, if it appears to him that

(a)the total amount likely to be applied for charitable purposes as the result
of the collection (including any amount already so applied) is inadequate in
proportion to the value of the proceeds likely to be received (including any
proceeds already received);

(b)remuneration which is excessive in relation to the total amount aforesaid
is likely to be, or has been, retained or received out of the proceeds of the
collection by any person;

(c)the grant of a licence would be likely to facilitate the commission of an
offence under paragraph (f) of section four of the Vagrancy Act, 1824, or that
an offence under that section has been committed in connection with the
collection;

(d)the applicant or the holder of the licence is not a fit and proper person
to hold a licence by reason of the fact that he has been convicted in the
United Kingdom or in the Republic of Ireland of any of the offences specified
in the Schedule to this Act, or has been convicted in any part of Her
Majesty's dominions of any offence conviction for which necessarily involved a
finding that he acted fraudulently or dishonestly, or of an offence of a kind
the commission of which would be likely to be facilitated by the grant of a
licence;

(e)the applicant or the holder of the licence, in promoting a collection in
respect of which a licence has been granted to him, has failed to exercise due
diligence to secure that persons authorised by him to act as collectors for
the purposes of the collection were fit and proper persons, to secure
compliance on the part of persons so authorised with the provisions of
regulations made under this Act, or to prevent prescribed badges or prescribed
certificates of authority being obtained by persons other than persons so
authorised; or

(f)the applicant or holder of the licence has refused or neglected to furnish
to the county inspector of police such information as the inspector may have
reasonably required for the purpose of informing himself as to any of the
matters specified in the foregoing paragraphs.

(4) When a county inspector of police refuses to grant a licence or revokes a
licence which has been granted, he shall forthwith give written notice to the
applicant or holder of the licence stating upon which one or more of the
grounds set out in sub-section (3) of this section the licence has been
refused or revoked and informing the applicant or holder of the right of
appeal given by this section, and the applicant or holder of the licence may
thereupon appeal to the Minister of Home Affairs (in this Act referred to as
"the Minister") against the refusal or revocation of the licence as the case
may be and the decision of the Minister shall be final.

(5) The time within which any such appeal may be brought shall be fourteen
days from the date on which notice is given under sub-section (4) of this
section.

(6) If the Minister decides that the appeal shall be allowed, the county
inspector of police shall forthwith issue a licence or cancel the revocation
as the case may be in accordance with the decision of the Minister.

© 1952 Crown Copyright

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