Supporting equine charities through donations or fundraising is a valuable way to contribute to the welfare of horses, ponies, and donkeys. Whether it’s rehoming retired racehorses, rescuing neglected animals, or funding veterinary treatment for equines in need, charitable giving plays a vital role in the equestrian community.
However, where money changes hands in the name of charity, there are important legal obligations to consider. From compliance with charity regulations to safeguarding donors’ funds and adhering to fundraising standards, individuals and organisations must follow a clear framework to ensure legitimacy, transparency, and legal protection.
At Blackstone Solicitors, we advise clients across England and Wales on the legal aspects of establishing, donating to, or fundraising for equine-related charities. In this article, we outline the key legal principles and regulatory requirements governing charitable donations and fundraising in the equine sector.
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- What Constitutes a Charity in Law?
Under UK law, a charity is an organisation established for charitable purposes only and must be for the public benefit. According to the Charities Act 2011, a charitable purpose includes the advancement of animal welfare — which covers many equine causes.
To be recognised as a charity in England or Wales, an organisation must:
- Be established for exclusively charitable purposes
- Operate for the public benefit
- Be subject to the jurisdiction of the High Court in relation to charities
- Register with the Charity Commission if its annual income exceeds £5,000
Equine charities typically promote animal welfare through rescue, rehabilitation, rehoming, education, or research. Once registered, charities gain access to tax advantages (such as Gift Aid eligibility) and must comply with Charity Commission regulations and reporting requirements.
- Donating to Equine Charities: What to Know
If you are donating money or property to an equine charity, consider the following legal and practical points:
- a) Ensure the Charity Is Registered or Exempt
Before making a donation, it is prudent to check that the organisation is a registered charity or an exempt/excepted charity. You can verify this through the Charity Commission’s online register. This protects donors from fraud and ensures that their contribution will be properly managed.
- b) Conditions and Restrictions on Donations
Donors can sometimes impose conditions on their gifts (for example, that the funds be used for a specific purpose, such as building new stables). However, once given, donations are typically irrevocable unless those conditions are not met. Donors should clearly document any restrictions in writing.
- c) Tax Relief and Gift Aid
Charities can reclaim tax on eligible donations under the Gift Aid scheme. Donors must be UK taxpayers and must complete a Gift Aid declaration. Higher-rate taxpayers can also claim additional tax relief on charitable donations via their self-assessment tax return.
- Fundraising for Equine Charities
If you are raising money for an equine charity — whether through a sponsored ride, online campaign, raffle, or gala — you must comply with the legal framework for charitable fundraising in the UK.
- a) Fundraising Regulator
Fundraisers must adhere to the Code of Fundraising Practice, issued by the Fundraising Regulator, which sets out standards for responsible fundraising. Although registration with the regulator is voluntary, all charities and third-party fundraisers are expected to comply.
The code covers:
- Honesty and transparency in appeals
- Respect for donors and beneficiaries
- Proper use of funds raised
- Protection of personal data
- Handling of complaints
Fundraisers should not mislead the public about how donations will be used or who will benefit.
- b) Permission for Public Fundraising
Raising funds in public spaces (such as high streets, parks, or door-to-door) may require a permit or licence from the local authority. This is particularly important for:
- Street collections
- House-to-house collections
- Public raffles or lotteries
Failure to obtain the appropriate permissions could lead to enforcement action or fines.
- c) Use of Commercial Fundraisers
Equine charities sometimes hire professional fundraisers to run campaigns. These relationships are regulated under the Charities Act 2006, and must involve:
- A written agreement between the charity and the fundraiser
- Clear disclosure of fees or commission rates
- Transparency to the public about the arrangement
Charities remain ultimately responsible for the actions of third-party fundraisers working on their behalf.
- Equine Charities and Lotteries or Raffles
Many equine charities run raffles or lotteries as a way to generate income. These are governed by the Gambling Act 2005 and may require registration with the Gambling Commission or local authority, depending on the size and scope of the activity.
Key rules include:
- Proceeds must be used for charitable purposes
- Tickets must include specific information (e.g., name of charity, date of draw)
- There are restrictions on prizes and advertising
- Some raffles (such as those held at events) are exempt, but still subject to basic rules
Running an unlawful lottery, even unintentionally, can result in prosecution or fines, so it’s essential to follow the correct legal process.
- Online and Digital Fundraising
With the rise of social media and crowdfunding platforms, equine charities increasingly fundraise online. This raises specific legal and regulatory considerations:
- Transparency: Online fundraising pages must make clear where the money is going, who is collecting it, and how it will be used
- Data protection: Fundraisers must comply with UK GDPR rules when collecting and storing donor information
- Platform terms: Many online platforms have their own compliance and due diligence checks
- Charity Commission rules: Registered charities must ensure digital fundraising is properly authorised and recorded
False or misleading claims made online can constitute fraud or misrepresentation, even if made in error.
- Setting Up Your Own Equine Charity
If you are passionate about equine welfare and want to set up your own charitable organisation, there are legal steps involved in doing so:
- a) Choose a Legal Structure
Most equine charities are set up as:
- Charitable Incorporated Organisations (CIOs)
- Charitable companies limited by guarantee
- Trusts or unincorporated associations (less common)
Each structure has different governance and reporting requirements, so legal advice is essential.
- b) Draft a Governing Document
This will set out the charity’s:
- Charitable objects
- Powers and duties of trustees
- Rules for meetings, decisions and conflicts of interest
- Financial procedures
The governing document must reflect the requirement that all funds are used solely for the public benefit and within the scope of equine welfare.
- c) Register with the Charity Commission
If your organisation will raise or receive over £5,000 annually, it must register with the Charity Commission. This involves:
- Submitting your governing document
- Providing trustee details and eligibility declarations
- Confirming your activities and how they benefit the public
Once registered, you will receive a charity number and be subject to annual reporting duties.
- Legal Pitfalls to Avoid
Even with the best intentions, equine charities and fundraisers can fall into legal difficulties if they do not observe the relevant laws and standards. Common pitfalls include:
- Using donations for purposes other than those specified
- Failing to account for funds raised at events
- Not obtaining necessary permissions for public collections
- Making misleading fundraising claims
- Operating without proper governance or oversight
Charity trustees can be held personally accountable if funds are misused or if the charity breaches regulatory obligations. That is why it is essential to seek legal guidance when setting up or managing an equine charity.
Conclusion
Supporting equine welfare through charitable donations or fundraising is commendable and often essential to the survival of rescue centres, sanctuaries, and rehoming projects across England and Wales. However, both donors and fundraisers must ensure that their activities are lawful, transparent, and aligned with regulatory standards.
How we can help
We have a proven track record of helping clients deal with the process involved in equine legal issues. We will guide you diligently and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting. You can read more about the range of equine law services we offer by clicking here: https://blackstonesolicitorsltd.co.uk/equine-law/.
How to Contact Our Equine Law Solicitors
It is important for you to be well informed about the issues and possible implications of dealing with the many aspects of equine law. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to our Equine Law solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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