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The Charities (2008 Act) (Commencement No. 4) Order (Northern Ireland) 2013

S.R. 2013/145 · Made 29 May 2013

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Charities

Made 29th May 2013

The Department for Social Development makes the following Order in exercise of the powers conferred by section 185(1) of the Charities Act (Northern Ireland) 2008f1.

Annotations to the whole text

Footnotes

f1

2008 c. 12 (N.I.)

Contents

  1. 1Citation
  2. 2Appointed day
  3. Signature
  4. Schedule Provisions brought into operation on 24th June 2013
  5. Explanatory note

1Citation

This Order may be cited as the Charities (2008 Act) (Commencement No. 4) Order (Northern Ireland) 2013.

2Appointed day

The day appointed for the coming into operation of the provisions of the Charities Act (Northern Ireland) 2008 specified in the Schedule is 24th June 2013.

Signature

Sealed with the Official Seal of the Department for Social Development on 29th May 2013

(L.S.)

Michael Daly

A senior officer of the Department for Social Development

Provisions brought into operation on 24th June 2013

Provision of the ActSubject matter
Section 16Register of charities
Section 17Duties of trustees in connection with registration
Section 18Effect of, and claims and objections to, registration
Section 19Status of registered charity to appear on official publications, etc.
Section 20f1 in so far as not already in operationPower of Commission to require charity’s name to be changed
Section 21f2 in so far as not already in operationEffect of direction under section 20 where charity is a company
Section 26Occasions for applying property cy-près
Section 27f3Application cy-près of gifts of donors unknown or disclaiming
Section 28Application cy-près of gifts made in response to certain solicitations
Section 29Cy-près schemes
Section 30Charities governed by charter
Section 91(1)(a), (2) (in so far as it relates to paragraph (a) of subsection (1)), (3), (4) and (6)(a)Power to relieve trustees, auditors, etc. from liability for breach of trust or duty
Section 96f4Alteration of objects
Section 98Consent of Commission required for approval etc by members of charitable companies
Section 99Consent of Commission required for certain acts of charitable company
Section 100Requirement to disclose charitable status
Section 101Civil consequences of failure to make required disclosure
Section 102Criminal consequences of failure to make required disclosure
Section 123Power to transfer all property of unincorporated charity
Section 124Resolution not to take effect or to take effect at later date
Section 125f5Transfer where charity has permanent endowment
Section 126Power to replace purposes of unincorporated charity
Section 127Power to modify powers or procedures of unincorporated charity
Section 128Power of unincorporated charities to spend capital: general
Section 129Power of larger unincorporated charities to spend capital given for particular purpose
Section 130Power to spend capital subject to special trusts
Section 156False statements relating to institutions which are not registered charities
Section 159(1) and (6) (in so far as it relates to section 156)Interpretation of Chapter 2
Section 161 (except subsection (11))Register of charity mergers
Section 162Register of charity mergers: supplementary
Section 163Pre-merger vesting declarations
Section 164Effect of registering charity merger on gifts to transferor
Section 165Application of Act in relation to designated religious charities
Section 166Designation, etc. of religious charities
Section 171f6Supply by Commission of copies of documents open to public inspection
Section 178(2)(a)Restriction on institution of proceedings for certain offences
Schedule 8, paragraphs 8, 10, 11, 12(b) and 13(1) and (2) and section 183 in so far as it relates to those paragraphsMinor and consequential amendments
In Schedule 9 the repeal of—Repeals
  • the Charities (Northern Ireland) Order 1987 in so far as it relates to Articles 3 to 5, 9 and 9B to 9BBf7;

  • the Charities Act (Northern Ireland) 1964 in so far as it relates to sections 1, 5, 13 and 22 to 24f8

and section 184 in so far as it relates to those repeals

Explanatory note

(This note is not part of the Order)

This Order brings into operation provisions of the Charities Act (Northern Ireland) 2008 relating to the establishment and maintenance of a register of charities.

The Order also commences provisions relating to charity names, application of property cy-près, charities governed by Royal charter, relief of trustees from liability, alteration of objects and certain other consents required from the Commission by incorporated charities, requirement to disclose charitable status, powers of unincorporated charities, false statements concerning institutions which are not registered charities, charity mergers, designated religious charities, supply of documents open to public inspection and a restriction on the institution of proceedings for certain offences.