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

S.R. 2013/145 · made 29 May 2013

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

Made under: Charities Act (Northern Ireland) 2008 (Section 185)

PDFs: Printed copy https://openlegislation.uk/charities-2008-act-commencement-no-4-order-northern-ireland-2013/pdf/nisr_20130145_en.pdf

## Introductory text

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) 2008.

## 1 Citation

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

## 2 Appointed 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 Act
Subject matter
Section 16
Register of charities
Section 17
Duties of trustees in connection with registration
Section 18
Effect of, and claims and objections to, registration
Section 19
Status of registered charity to appear on official publications, etc.
Section 20 in so far as not already in operation
Power of Commission to require charity’s name to be changed
Section 21 in so far as not already in operation
Effect of direction under section 20 where charity is a company
Section 26
Occasions for applying property cy-près
Section 27
Application cy-près of gifts of donors unknown or disclaiming
Section 28
Application cy-près of gifts made in response to certain solicitations
Section 29
Cy-près schemes
Section 30
Charities 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 96
Alteration of objects
Section 98
Consent of Commission required for approval etc by members of charitable companies
Section 99
Consent of Commission required for certain acts of charitable company
Section 100
Requirement to disclose charitable status
Section 101
Civil consequences of failure to make required disclosure
Section 102
Criminal consequences of failure to make required disclosure
Section 123
Power to transfer all property of unincorporated charity
Section 124
Resolution not to take effect or to take effect at later date
Section 125
Transfer where charity has permanent endowment
Section 126
Power to replace purposes of unincorporated charity
Section 127
Power to modify powers or procedures of unincorporated charity
Section 128
Power of unincorporated charities to spend capital: general
Section 129
Power of larger unincorporated charities to spend capital given for particular purpose
Section 130
Power to spend capital subject to special trusts
Section 156
False 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 162
Register of charity mergers: supplementary
Section 163
Pre-merger vesting declarations
Section 164
Effect of registering charity merger on gifts to transferor
Section 165
Application of Act in relation to designated religious charities
Section 166
Designation, etc. of religious charities
Section 171
Supply 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 paragraphs
Minor 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 9BB;
the Charities Act (Northern Ireland) 1964 in so far as it relates to sections 1, 5, 13 and 22 to 24
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.

---
Source: https://www.legislation.gov.uk/nisr/2013/145 (the official version)
Page: https://openlegislation.uk/charities-2008-act-commencement-no-4-order-northern-ireland-2013
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

