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Scotland - Modern Law Review Article by Dr Christine BarkerA very interesting article, which mentions Charity Check extensively, appeared as the opening article in the November 2000 edition of Modern Law Review. The article, entitled "Public Charitable Collections: Are they a Worthwhile Cause?", was written by Dr Christine Barker, one of the authors of the Dundee Report, a Report to the Scottish Executive, published in June 2000, and prepared by the Charity Law Research Unit of Dundee University. The article brings out many significant facts which will be new to those concerned with charity collections, and draws several essential lessons which should be noted both in Scotland and elsewhere, especially as the regulations on charity collections are fairly similar throughout the United Kingdom, and the situation on off-street collections is very similar. The article includes several positive and encouraging references to Charity Check. The article's concluding remarks article include (page 811) a sentence noting that "the Charity Check organisation's system ... has been widely supported." The article earlier notes (page 808) that the system "has been welcomed inter alia by the British Retail Consortium, the Guild of Management Consultants, the National Neighbourhood Watch Association, ... and MP s"; a footnote there mentions two Commons Motions commending the Charity Check system, signed by 192 and 141 MP s, and a similar move in the Welsh Assembly signed by 90% of Assembly backbenchers. In a passage on charity registration in England and Wales, the article says (page 808): "Provided that the applicants' purposes fulfil the legal requirements, they will probably be granted charitable status. While the purposes may appear to be bona fide, those running the organisation may not be, and although persons with unspent convictions for fraud and certain other offences are debarred from being charity 'trustees', charitable status is in itself no guarantee that the cause is worthwhile." The article quotes (page 809) similar concern on this point expressed in Scotland, where MSP Mrs Margaret Ewing tabled a motion (lodged in the Scottish Parliament on 25 February 2000) "that the Parliament recognises that the existing law does not prevent the registration of crooked charities; notes that official advice on how to prevent fraudulent collections at supermarkets, stations and pubs is ineffective; endorses the rights of owners of such premises to insist that validation is acquired form a reputable source on charity collections; and hopes that fraudulent collections can be stopped, enabling owners of commercial premises to allow legitimate charitable collections to continue." A footnote states that as at 3 April 2000 the Motion was supported by a total of 33 MSPs. The MLR article ends (page 812) with the following sentence: "A combination of properly policed legislation, practical measures on the part of those giving permission for collection, and vigilance on the part of charities and members of the public will be needed if such collections are to avoid becoming an increasing target for fraudsters." On one detail in the Modern Law Review article (page 809), it may be of interest that a report in Third Sector magazine dated 24 February 2000, Page 3, referred to in the MLR article, was itself based on an article published by ICFM; Charity Check wrote at the time to the then Chairman to point out six major inaccuracies in the ICFM article, without which, Charity Check suggested, there would be virtually no ICFM article left. Charity Check asked that Chairman to arrange the publication by ICFM of a correction. That Chairman retired in 2000, and Charity Check wrote on the same lines to his successor. |
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