Paragraph 37 Charities Act (Northern Ireland) 1964

Until its repeal by the Charities Act (Northern Ireland) 2008 comes into force^f1, section 25 of the Charities Act (Northern Ireland) 1964^f2 (common investment schemes), has effect with the insertion after subsection (3) of the following—

“(3A)

A common investment scheme may provide for appropriate bodies to be admitted to participate in the scheme (in addition to the participating charities) to such extent as the trustees appointed to manage the fund may determine.

(3B)

In this section “appropriate body” means—

(a)

a Scottish recognised body,

(b)

an England and Wales charity, or

(c)

any body of persons or trust that—

(i)

is established in an EEA state other than the United Kingdom, and

(ii)

is a charity as defined by paragraph 1 of Schedule 6 to the Finance Act 2010^f3,

and, in the application of the relevant provisions in relation to a scheme which contains provisions authorised by subsection (3A), “charity” includes an appropriate body.

“The relevant provisions” are subsections (1), (4) to (7), (11) and (in relation only to a charity within paragraph (b)) subsection (12).

(3C)

In subsection (3B) “Scottish recognised body” means a body—

(a)

established under the law of Scotland, or

(b)

managed or controlled wholly or mainly in or from Scotland,

to which the Commissioners for Her Majesty’s Revenue and Customs have given intimation, which has not subsequently been withdrawn, that relief is due under Part 10 of the Income Tax Act 2007, or that qualifying relief is due under Part 11 of the Corporation Tax Act 2010, in respect of income of the body which is applicable and applied to charitable purposes only.

(3D)

In that subsection “England and Wales charity” means an institution—

(a)

which is a charity under the law of England and Wales, and

(b)

to which the Commissioners for Her Majesty’s Revenue and Customs have given intimation, which has not subsequently been withdrawn, that relief is due under Part 10 of the Income Tax Act 2007, or that qualifying relief is due under Part 11 of the Corporation Tax Act 2010, in respect of income of the institution which is applicable and applied to charitable purposes only.

(3E)

For purposes of this section relief under any provision of Part 11 of the Corporation Tax Act 2010 other than—

(a)

section 480 (exemption for profits of small-scale trades), and

(b)

section 481 (exemption from charges under provisions to which section 1173 applies),

is qualifying relief under that Part.”.