# Solicitation statements 'confusing' says Pacey

- Link: https://fundraising.co.uk/2008/04/04/solicitation-statements-039confusing039-says-pacey/
- Published: 2008-04-04T15:25:02+01:00
- Author: Howard Lake

The guidance on the new solicitation statement for fundraisers required under the
new Charities Act is “very good but legally very complicated”, Institute of Fundraising’s
director of policy Megan Pacey said.

Speaking at a seminar held by Bates Wells & Braithwaite into the new fundraising
statements, Pacey said that the guidance was ‘confusing’. Changes from 1 April also
mean that it is not just professional fundraisers and commercial participators who
have to be aware of the new statements, but also employees and trustees who are 
acting as collectors. “They are now required to make a statement saying they are
a paid member of staff,” said Pacey. “This is not something the sector has grasped.”

She also pointed out that under the new legislation it would be the employee who
is liable if the statement is not made, and not the organisation, although the Institute
believes it should be the organisation which is liable.

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The legislation now insists on fundraisers stating how they are paid and how much
for that particular appeal.

Christine Rigby and Rosamund McCarthy of Bates Wells & Braithwaite pointed out potential
problems in the new guidance in estimating amounts for particular appeals and putting
the statement into context. They are also hoping that further examples will be used
in the final guidance to make it less confusing for fundraisers and easier for them
to see how they should be using the new statements.

The consultation on the new guidance is open until 31 May and the Office of the 
Third Sector is hoping to have the final guidance out by the summer.

Any comments or suggestions on the guidance should be sent to Mubin Jaigirdar, Third
Sector Support Team, Office of the Third Sector, Cabinet Office, 35 Great Smith 
St,London SW1P 3BQ, or email OT******@**********************ov.uk

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