Charities Act (Northern Ireland) 2008

[^key-9c91dadfade9b35b4dba589d863844fe]: Sch. 8 para. 11 in operation at 24.6.2013 by S.R. 2013/145, art. 2, Sch.

[^key-9fc2e22095f53c562ae22a8ce3a93761]: Sch. 6 para. 3(3)-(5) in operation at 1.1.2016 in so far as not already in operation by S.R. 2015/383, art. 2(3), Sch.

[^key-a310ad8cd534e4867bfa467eace01dda]: Words in Sch. 3 inserted (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), s. 10(1), Sch. 1 para. 27(4)

[^key-a6fdccc261069ee43194a9bb0bf6d1e4]: Sch. 6 para. 2 in operation at 1.1.2016 by S.R. 2015/383, art. 2(3), Sch.

[^key-a7d385bfa819a02af331bbbfef20d056]: Words in s. 16(4) inserted (30.3.2022) by Charities Act (Northern Ireland) 2022 (c. 11), ss. 3(3), 4(2)

[^key-a7d9995f00eb29c85f3375d326d7317e]: S. 33(4)(a)(iii) and preceding word added (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), ss. 3(2), 10(1)

[^key-ab7dabbc8bb551b90c37f856225b6d12]: Sch. 6 para. 6(2) in operation at 28.11.2015 for specified purposes by S.R. 2015/383, art. 2(2)

[^key-b71f44e99dbd0974032f692d0985378a]: Words in s. 21(3)(a) substituted (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), s. 10(1), Sch. 1 para. 5

[^key-ba9d2f6ecf24bec8683ea33516ab6095]: Word in s. 180(2)(b) substituted (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), s. 10(1), Sch. 1 para. 6(4)(b)

[^key-bb9136d8c4c7c12e0d2477181e43d72a]: Words in s. 114(3)(b) substituted (6.4.2018) by Credit Unions and Co-operative and Community Benefit Societies Act (Northern Ireland) 2016 (c. 16), s. 17(2), Sch. 1 para. 35; S.R. 2017/217, art. 2(d)

[^key-be6462c388e04003a91522304068fcfd]: Word in Sch. 6 para. 8(4) substituted (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), s. 10(1), Sch. 1 para. 28(2)(b)

[^key-bee0bb9a43295ec8260a3ca819fb6581]: Sch. 6 para. 11 in operation at 1.1.2016 by S.R. 2015/383, art. 2(3), Sch.

[^key-c0213fe92ccf14ff29042b6b9b4d6c4d]: Sch. 6 para. 8(3) in operation at 1.1.2016 in so far as not already in operation by S.R. 2015/383, art. 2(3), Sch.

[^key-c14ab8dd2fc5baeb96e3942d96de146e]: Words in Sch. 3 substituted (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), s. 10(1), Sch. 1 para. 27(6)

[^key-c418f971f4e4bf2f2b00fdb9a5088ca9]: Word in s. 23(1)(a) substituted (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), s. 10(1), Sch. 1 para. 6(1)(b)

[^key-c454b4fe7af4febc8e6672802fbbb09e]: Word in s. 52(2)(c) substituted (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), s. 10(1), Sch. 1 para. 6(2)(b)

[^key-c4cbe8bad18746e011df4052ec457f9a]: Sch. 6 para. 6(1) (3)-(8) in operation at 1.1.2016 by S.R. 2015/383, art. 2(3), Sch.

[^key-c524aa10ebaf7f458b77867d3e685890]: S. 65(5)(k)(l) added (7.12.2015) by The Charities Act 2008 (Examination of Accounts) Order (Northern Ireland) 2015 (S.R. 2015/364), arts. 1, 2

[^key-c74c5b114ab96010c68e90a2a6f288d8]: Words in s. 96(3)(b) substituted (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), s. 10(1), Sch. 1 para. 19(3)(b)

[^key-c78a52e4339fc1709b551c1586f31d17]: Sch. 5 para. 2(3) omitted (13.1.2020) by virtue of The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 146(2)(b) (with regs. 6-9)

[^key-c8fbdbb994ead0931a0d4d2ebd6eeedd]: Word in s. 172(1)(b) substituted (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), s. 10(1), Sch. 1 para. 6(4)(a)

[^key-ca32b5331434801aaf63b9601ef4e243]: Word in s. 171 substituted (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), s. 10(1), Sch. 1 para. 6(1)(d)

[^key-cd1f098ca0b50bad45af7f6c70f605ba]: Sch. 9 in operation at 24.6.2013 for specified purposes by S.R. 2013/145, art. 2, Sch.

[^key-cd82462a2ffe564a4745ad9e70c13653]: Words in s. 46(3) substituted (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), s. 10(1), Sch. 1 para. 12(2)

[^key-d385639f06954beed66cad59cd5a4e0b]: Words in s. 46(3) substituted (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), s. 10(1), Sch. 1 para. 12(3)

[^key-d3aff28d3777904d1005998d1973f1e9]: Words in s. 180(1) in the definition of "company" substituted (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), s. 10(1), Sch. 1 para. 26(2)

[^key-d4f51ce4fff2ed5a1c9a69932dd997fc]: Sch. 6 para. 1 in operation at 1.1.2016 by S.R. 2015/383, art. 2(3), Sch.

[^key-d66e130f1de1cd5ced195ac28b4ff575]: Words in s. 96(3)(c) substituted (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), s. 10(1), Sch. 1 para. 19(3)(b)

[^key-dc9db920ba375f670b1c2577ea1379c5]: Words in Sch. 3 omitted (19.1.2013) by virtue of Charities Act (Northern Ireland) 2013 (c. 3), s. 10(1), Sch. 1 para. 27(3)(a), 2

[^key-dd3ac9279483d6a5117c34c43244890b]: Words in s. 179(3) substituted (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), s. 10(1), Sch. 1 para. 25(3)

[^key-def63cf774aaee827a65989f148cbd66]: S. 96(3)(a) substituted (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), s. 10(1), Sch. 1 para. 19(3)(a)

[^key-e016c606e7d4ce207d300f0667deb4db]: Words in Sch. 3 omitted (19.1.2013) by virtue of Charities Act (Northern Ireland) 2013 (c. 3), s. 10(1), Sch. 1 para. 27(5), 2

[^key-e0316f19228d415a6ea454bda925d916]: Words in s. 86(3) inserted (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), ss. 3(3)(c), 10(1)

[^key-e661718e6cabfb1e3eb2f7142d466e19]: S. 29A inserted (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), ss. 2, 10(1)

[^key-e7690d2b11271066f862a953d4906387]: Word in s. 169(1) substituted (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), s. 10(1), Sch. 1 para. 23(2)

[^key-e7fe39066ada486170f1b1b5fc15befd]: Word in s. 70(1) substituted (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), s. 10(1), Sch. 1 para. 15

[^key-e8845c73dba96c15903b76eb2afcf82c]: Words in s. 175(5) added (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), s. 10(1), Sch. 1 para. 24(3)

[^key-e9eb2ccf0232d701fccca901c00b9f69]: Sch. 1 para. 13 repealed (1.4.2016) by Public Services Ombudsman Act (NorthernIreland) 2016 (c. 4), s. 64, Sch. 9

[^key-ecb447af1576900ffe5ac91a37baa006]: Words in s. 35(1) inserted (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), s. 10(1), Sch. 1 para. 10(2)

[^key-ed7242d4f4205708854bdee20553c051]: Words in s. 11(1) substituted (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), s. 10(1), Sch. 1 para. 3

[^key-f01784961027cdef4e6f2aca551b2978]: Words in Sch. 3 added (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), s. 10(1), Sch. 1 para. 27(10)

[^key-f45beeb081b9671b5c7e469c849f958d]: Words in Sch. 3 substituted (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), s. 10(1), Sch. 1 para. 27(7)(c)

[^key-f6fa8b21f39042dfcb20715c84811569]: Words in s. 80(1) substituted (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), s. 10(1), Sch. 1 para. 16(2)

[^key-f7f43bc7f9ec447ddd3f525ebcd310e8]: Sch. 6 para. 4(2)(3) in operation at 28.11.2015 for specified purposes by S.R. 2015/383, art. 2(2)

[^key-f80d8dd0b82a30c9145152a3d27c3bb9]: S. 43(5)(c) and preceding word inserted (22.7.2013) by The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 1 para. 43(b)

[^key-fa30bcd03bdf317575e12d838a35efcb]: Words in s. 65(11) substituted (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), s. 10(1), Sch. 1 para. 14(b)

[^key-faadc23b6975cfece8c7209ce0e2a6f9]: Words in s. 86(1)(b) inserted (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), ss. 3(3)(a)(i), 10(1)

[^key-fbbe24be4377549046a370aa7879f78c]: Word in s. 23(3) substituted (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), s. 10(1), Sch. 1 para. 6(2)(a)

[^key-fe5c3fb747cec33d2796b4a256fa1615]: Words in s. 65(4)(b) substituted (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), s. 10(1), Sch. 1 para. 14(a)

[^M_F_265ac2cd-2e52-4c63-e6ed-68cbb66aeddf]: S. 3 substituted (retrospective to 25.9.2009) by Charities Act (Northern Ireland) 2013 (c. 3), s. 1(1)(2)

[^M_F_680c502e-26ce-48bf-d4df-48bf9f1a586a]: Sch. 1 para. 9A and cross-heading inserted (30.3.2022) by Charities Act (Northern Ireland) 2022 (c. 11), ss. 2, 4(2)

[^M_F_977996d9-9b63-4b40-875d-7c1bda20052e]: Word in s. 169 heading substituted (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), s. 10(1), Sch. 1 para. 23(4)

Power to determine membership of charity

29A

• (1) This section applies where property is given for purposes so described that, consistently with the terms of the gift, the property could all be used for charitable purposes but could equally well be used wholly or partly for purposes which are not charitable.

• (2) If, but for this section, the gift would be invalid, the gift shall have effect as a gift for such charitable purposes as may be determined by a scheme made by the Court or the Commission.

• (3) Where the terms of a gift and the surrounding circumstances appear to the Court or the Commission to show a predominant intention on the part of the donor to further a particular charitable purpose, the Court or the Commission shall, in making a scheme under subsection (2), have regard, so far as practicable, to that intention.

• (4) Where—

• (a) property is disposed of by way of successive gifts so that a gift is dependent upon a prior gift; and

• (b) the prior gift has been made the subject of a scheme under this section,

any gift dependent upon the prior gift shall have the like effect as it would have had if the prior gift had at all times been for the purposes determined by that scheme.

Supplementary provisions relating to interim manager appointed for a charity

Estate to vest in body corporate

Remuneration of trustees, etc. providing services to charity

Nature and constitution

Conversion: supplementary

Power to transfer all property of unincorporated charity

Prohibition on professional fund-raiser, etc. raising funds for charitable institution without an agreement in prescribed form

Professional fund-raisers, etc. required to indicate institutions benefiting and arrangements for remuneration

16A

• (1) The Department for Communities may by regulations provide that a charity is exempt from being registered in the register if it meets one or more specified threshold conditions.

• (2) A “threshold condition”, in relation to a charity, is—

• (a) a condition that the charity’s income does not exceed a specified amount, or

• (b) a condition that the value of the charity’s assets does not exceed a specified amount.

• (3) The regulations may make provision about—

• (a) what counts, or does not count, as income of a charity for the purposes of a threshold condition;

• (b) what count, or do not count, as assets of a charity for the purposes of a threshold condition;

• (c) quantifying income or values for the purposes of a threshold condition.

• (4) Provision under subsection (3)(c) may (in particular) be about—

• (a) the method, principles or basis for calculating, or estimating, income or values;

• (b) certifying, or providing other evidence of, amounts calculated or estimated;

• (c) the persons by whom any calculating, or estimating or certifying, is to be or may be done.

• (5) Sections 16B and 16C make further provision about what may be done by regulations under this section.

• (6) Regulations under this section may amend, repeal, revoke or otherwise modify any statutory provision.

• (7) Regulations under this section may not be made unless a draft of the regulations has been laid before, and approved by, a resolution of the Assembly.

• (8) Subsection (7) does not apply to regulations that do nothing more than alter an amount specified under subsection (2)(a) or (b).

• (9) In this section “specified” means specified in regulations under this section.

16B

• (1) Regulations under section 16A may make provision requiring, or authorising the Commission to require, any—

• (a) relevant institution, or

• (b) person connected with a relevant institution,

to provide the Commission with information or evidence for the purpose of enabling the Commission to determine whether the institution is, or is still, a charity exempted under section 16A.

• (2) Requirements under subsection (1) may set deadlines for the provision of the information or evidence.

• (3) Information or evidence provided in response to a requirement under subsection (1) may be used also for the purposes of the exercise, in relation to the relevant institution or a person connected with it, of any function of the Commission.

• (4) In this section “relevant institution” means—

• (a) any institution if—

• (i) it is not a registered charity, and

• (ii) a representation that it is a charity, or that it is a charity of a particular description, is made by a person connected with it, or

• (b) any purported institution if a representation that it is a charity, or that it is a charity of a particular description, is made by a person connected with it.

• (5) For the purposes of this section, a person is connected with an institution if—

• (a) the institution is a charity and the person is a charity trustee of the charity, or

• (b) the person—

• (i) is a trustee, officer, agent or employee of the institution,

• (ii) holds property on behalf of the institution or of any trustee of it, or

• (iii) engages in appeals to the public to give money or other property, or in other fund-raising activities, for the benefit of the institution.

• (6) For the purposes of this section, a person is connected with a purported institution if the person—

• (a) makes a representation that the person is a trustee, officer, agent or employee of it or that the person holds property on behalf of it or of any trustee of it, or

• (b) engages in appeals to the public to give money or other property, or in other fund-raising activities, for its benefit.

16C

• (1) Regulations under section 16A may make provision consequential on, or supplemental or incidental to, the possibility of there being—

• (a) not only charities that are registered (or required to be registered), but

• (b) also charities that are not required to be registered.

• (2) Provision included in regulations by virtue of subsection (1) may (in particular)—

• (a) provide for a statutory provision that applies in relation to charities whether registered or not to apply only in relation to registered charities;

• (b) provide for a statutory provision that applies in relation to charities whether registered or not to apply with modifications in relation to exempt charities;

• (c) where a statutory provision is expressed to apply only in relation to, or by reference to, registered charities—

• (i) provide for the statutory provision to apply, with or without modifications, also in relation to exempt charities or (as the case may be) also by reference to exempt charities;

• (ii) make similar or corresponding provision applying in relation to, or by reference to, exempt charities.

• (3) Provision under subsection (2)(b) or (c) may widen the circumstances in which an existing offence may be committed or (as the case may be) create a similar or corresponding offence for additional circumstances, but the penalties or maximum penalties for the widened or new offence may not be higher than those for the existing offence.

• (4) In subsection (2) “exempt charities” means—

• (a) charities exempted under section 16A,

• (b) charities exempted under section 16A that are registered, or

• (c) charities exempted under section 16A that are not registered.

• (5) Subsections (1) to (4) are additional to, and do not limit the generality of, section 179(5) (power to include supplemental, incidental, consequential etc provision).

Supplementary provisions relating to dispositions

Exemption for local, short-term collections

Performance of functions by staff

9A

• (1) Anything authorised or required to be done by the Commission may be done by any member of the Commission’s staff who is authorised for that purpose by the Commission, whether generally or specially (but this is subject to sub-paragraphs (2) and (7)).

• (2) The following may not be delegated under sub-paragraph (1)—

• (a) the instituting of an inquiry under section 22(1);

• (b) the making of a decision that a report or statement be published under section 22(6)(a) or (b);

• (c) the making of an order under any of sections 33 to 37;

• (d) the making of regulations in exercise of power conferred by a statutory provision.

• (3) The Department may make a scheme describing—

• (a) things that may, consistently with sub-paragraph (2), be delegated under sub-paragraph (1), and

• (b) in relation to anything which may be delegated under sub-paragraph (1), the member or members of the Commission’s staff to whom it may be delegated.

• (4) The delegation which may be allowed by a scheme under sub-paragraph (3) includes (in addition to delegation of described things or to described staff)—

• (a) delegation of all things authorised or required to be done by the Commission and not excepted by sub-paragraph (2), or delegation of all such things with additional exceptions described by the scheme;

• (b) delegation to all staff, or delegation to all staff other than those described by the scheme.

• (5) Before making a scheme under sub-paragraph (3), the Department must consult the Commission; and before making the first scheme under sub-paragraph (3), the Department must carry out a public consultation.

• (6) The Department must publish a scheme made by it under sub-paragraph (3).

• (7) A delegation under sub-paragraph (1) is effective only so far as it is in accordance with a scheme under sub-paragraph (3).

• (8) Sub-paragraph (1) is additional to paragraph 9(1)(a) (delegation to committees).

• (9) In this paragraph—

• “the Department” means the Department for Communities;

• “member of the Commission’s staff” includes any person working for the Commission under paragraph 4(1)(a) or (b) or 5(1) (employees, service-providers and secondees).