Explanatory note

These Regulations make provision in respect of an interim manager appointed by order of the Charity Commission for Northern Ireland (“the Commission”) under section 33(1)(vii) of the Charities Act (Northern Ireland) 2008 (“the Act”).

Section 33 of the Act confers powers on the Commission to take a number of measures in order to act for the protection of charities. Those powers may, however, only be exercised following the institution of an inquiry under section 22 of the Act (general power to institute inquiries) and where the Commission is satisfied that, (a) there is or has been misconduct or mismanagement in the administration of the charity, or (b) it is necessary or desirable to act for the purpose of protecting the property of the charity, or securing a proper application for the purposes of the charity of that property, or of property coming to the charity.

Section 33(1)(vii) provides that the appointment of an interim manager must be in accordance with section 35 of the Act. Section 35 allows the Commission to include in the order of appointment, provision with respect to the functions to be discharged by the interim manager. It also gives the Department the power to make regulations with respect to the interim manager’s appointment and removal, remuneration and duty to submit reports to the Commission. The regulations may, in particular, authorise the Commission to require the interim manager to give security for the discharge of functions specified in the order of appointment, to determine the amount of the interim manager’s remuneration and to disallow any amount of remuneration in such circumstances as are specified in the regulations.

Regulation 1 provides for citation, commencement and interpretation of the Regulations.

Regulation 2 authorises the Commission to require an interim manager to give security for the due discharge of the functions specified in the order of appointment.

Regulation 3(1) authorises the Commission to determine the amount of an interim manager’s remuneration. Regulation 3(2) provides that the remuneration shall be payable out of the income of the charity in respect of which the appointment has been made. Regulation 3(3) authorises the Commission to disallow any amount of the remuneration in the circumstances prescribed by regulation 4.

Regulation 4 provides for removal from office or disallowance of remuneration where it appears to the Commission that the interim manager has failed to, (a) give security within the time specified, (b) satisfactorily discharge any function specified in the order of appointment, or (c) meet the reporting requirements specified in regulation 5. It also specifies the conditions which the Commission must meet before resorting to either course of action.

Regulation 5 requires the interim manager to make reports to the Commission and stipulates the timing, frequency and content appropriate in different circumstances.