In practice, a professional fundraiser is a person or company engaged, for payment or other benefit, to solicit donations or other property from the public for charitable, benevolent or philanthropic purposes on behalf of a charity or other benevolent body. In England and Wales the term is defined in legislation (Charities Act 1992, s.58) and is subject to statutory exclusions (for example, the charity itself, its employees and certain connected companies). Comparable statutory definitions and controls exist in Scotland (Charities and Trustee Investment (Scotland) Act 2005 and related regulations) and Northern Ireland (Charities Act (Northern Ireland) 2008). In Ireland, the expression is used descriptively; regulation of third‑party fundraising derives from the Charities Act 2009 and Charities Regulator guidance.
Key features and significance: professional fundraisers generally must have a written fundraising agreement with the charity; give prescribed solicitation statements to potential donors about their status and remuneration or the amount to be applied for charitable purposes; keep proper records; and avoid misleading representations. Oversight is by the Charity Commission for England and Wales, OSCR (Scotland) and CCNI (Northern Ireland). Breach can attract regulatory action and, in some cases, criminal liability. Distinct from a commercial participator (a non‑fundraising business promoting sales linked to charitable...