The Charities (Northern Ireland) Order 2007
Draft 2007, ISBN 9780110800677
Draft Order in Council laid before Parliament under paragraph 2(1)(a) of the Schedule to the Northern Ireland Act 2000, for approval by resolution of each House of Parliament
NORTHERN IRELAND
Made 2007
Coming into operation in accordance with Article 1(2) to (4)
At the Court at Buckingham Palace, the ** day of ** 2007
Present,
The Queen’s Most Excellent Majesty in Council
Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:–
Contents
- Part I: INTRODUCTORY
- 1Title and commencement
- 2General interpretation
- 3Meaning of “charity”
- 4Meaning of “charitable purpose”
- 5The “public benefit” test
- 6Guidance as to operation of public benefit requirement
- 7Special provisions about recreational charities, sports clubs, etc.
- Part II: THE CHARITY COMMISSION FOR NORTHERN IRELAND
- Establishment of the Commission
- 8The Charity Commission for Northern Ireland
- The Commission’s objectives, general functions, etc.
- 9The Commission’s objectives
- 10The Commission’s general functions
- 11The Commission’s general duties
- 12The Commission’s incidental powers
- The official custodian for charities in Northern Ireland
- 13The official custodian for charities in Northern Ireland
- Part III: THE CHARITY TRIBUNAL FOR NORTHERN IRELAND
- 14The Charity Tribunal for Northern Ireland
- 15Practice and procedure
- 16Appeal from Tribunal
- 17Intervention by Attorney General
- Part IV: REGISTRATION OF CHARITIES AND CHARITABLE NAMES
- 18Register of charities
- 19Duties of trustees in connection with registration
- 20Effect of, and claims and objections to, registration
- 21Status of registered charity to appear on official publications etc.
- Charity names
- 22Power of Commission to require charity’s name to be changed
- 23Effect of direction under Article 22 where charity is a company
- Part V: INFORMATION POWERS
- 24General power to institute inquiries
- 25Power to call for documents and search records
- 26Disclosure of information by and to the Commission
- 27Supply of false or misleading information to Commission, etc.
- Part VI: APPLICATION OF PROPERTY CY-PRÈS AND ASSISTANCE AND SUPERVISION OF CHARITIES BY COURT AND COMMISSION
- Extended powers of Court and variation of charters
- 28Occasions for applying property cy-près
- 29Application cy-près of gifts of donors unknown or disclaiming
- 30Application cy-près of gifts made in response to certain solicitations
- 31Cy-près schemes
- 32Charities governed by charter
- Powers of Commission to make schemes and act for protection of charities etc.
- 33Concurrent jurisdiction with High Court for certain purposes
- 34Further powers to make schemes or alter application of charitable property
- 35Power to act for protection of charities
- 36Power to suspend or remove trustees etc. from membership of charity
- 37Supplementary provisions relating to interim manager appointed for a charity
- 38Power to give specific directions for protection of charity
- 39Power to direct application of charity property
- 40Copy of order under Article 35, 36, 38 or 39, and Commission’s reasons, to be sent to charity
- 41Publicity relating to schemes
- 42Publicity for orders relating to trustees or other individuals
- Property vested in official custodian
- 43Entrusting charity property to official custodian, and termination of trust
- 44Supplementary provisions as to property vested in official custodian
- Establishment of common investment or deposit funds
- 45Schemes to establish common investment funds
- 46Schemes to establish common deposit funds
- 47Meaning of “Scottish recognised body” and “England and Wales charity” in Articles 45 and 46
- Additional powers of Commission
- 48Power to authorise dealings with charity property, etc.
- 49Power to authorise ex gratia payments, etc.
- 50Power to give directions about dormant bank accounts of charities
- 51Power to give advice and guidance
- 52Power to determine membership of charity
- 53Powers for preservation of charity documents
- 54Power to order taxation of solicitor’s bill
- 55Power to enter premises
- Legal proceedings relating to charities
- 56Proceedings by Commission
- 57Proceedings by other persons
- 58Report of Article 24 inquiry to be evidence in certain proceedings
- Property held on behalf of English, Welsh and Scottish charities
- 59Powers in relation to certain English, Welsh and Scottish charities
- Part VII: CHARITY LAND
- 60Interpretation of Part VII
- 61Restriction on dispositions
- 62Supplementary provisions relating to dispositions
- 63Release of charity rentcharges
- 64Restrictions on mortgaging
- 65Supplementary provisions relating to mortgaging
- Part VIII: CHARITY ACCOUNTS, REPORTS AND RETURNS
- 66Duty to keep accounting records
- 67Annual statements of accounts
- 68Annual audit or examination of charity accounts
- 69Supplementary provisions relating to audits etc.
- 70Duty of auditors etc. to report matters to Commission
- 71Annual reports
- 72Public inspection of annual reports etc.
- 73Annual returns by charities
- 74Offences
- 75Group accounts
- Part IX: CHARITY TRUSTEES
- Chapter I: INCORPORATION OF CHARITY TRUSTEES
- 76Interpretation of Chapter I
- 77Incorporation of trustees of a charity
- 78Estate to vest in body corporate
- 79Applications for incorporation
- 80Nomination of trustees, and filling up vacancies
- 81Liability of trustees and others, notwithstanding incorporation
- 82Certificate to be evidence of compliance with requirements for incorporation
- 83Power of Commission to amend certificate of incorporation
- 84Records of applications and certificates
- 85Enforcement of orders and directions
- 86Gifts to charity before incorporation to have same effect afterwards
- 87Execution of documents by incorporated body
- 88Power of Commission to dissolve incorporated body
- Chapter II: OTHER PROVISIONS RELATING TO CHARITY TRUSTEES
- 89Persons disqualified for being trustees of a charity
- 90Person acting as charity trustee while disqualified
- 91Remuneration of trustees etc. providing services to charity
- 92Supplementary provisions for purposes of Article 91
- 93Disqualification of trustee receiving remuneration under Article 91
- 94Power to relieve trustees, auditors etc. from liability for breach of trust or duty
- 95Court’s power to grant relief to apply to all auditors etc. of charities which are not companies
- 96Trustees' indemnity insurance
- 97Trustees
- Part X: CHARITABLE COMPANIES
- 98Winding up
- 99Alteration of objects clause
- 100Invalidity of certain transactions
- 101Requirement of consent of Commission to certain acts
- 102Name to appear on correspondence, etc.
- 103Status to appear on correspondence etc.
- 104Duty of charity’s auditors etc. to report matters to Commission
- 105Investigation of accounts
- 106Annual audit or examination of accounts of charitable companies
- Part XI: CHARITABLE INCORPORATED ORGANISATIONS
- Nature and constitution
- 107Nature and constitution
- 108Constitution
- 109Name and status
- 110Offences connected with name and status
- Registration
- 111Application for registration
- 112Effect of registration
- Conversion, amalgamation and transfer
- 113Conversion of charitable company or registered industrial and provident society
- 114Conversion: consideration of application
- 115Conversion: supplementary
- 116Conversion of community interest company
- 117Amalgamation of CIOs
- 118Amalgamation: supplementary
- 119Transfer of CIO’s undertaking
- Winding up, insolvency and dissolution
- 120Regulations about winding up, insolvency and dissolution
- Miscellaneous
- 121Power to transfer all property of unincorporated charity to one or more CIOs
- 122Further provision about CIOs
- 123Regulations
- Part XII: POWERS OF UNINCORPORATED CHARITIES
- Transfer of property
- 124Power to transfer all property of unincorporated charity
- 125Resolution not to take effect or to take effect at later date
- 126Transfer where charity has permanent endowment
- Modification of purposes, powers or procedure
- 127Power to replace purposes of unincorporated charity
- 128Power to modify powers or procedures of unincorporated charity
- Spending of capital
- 129Power of unincorporated charities to spend capital: general
- 130Power of larger unincorporated charities to spend capital given for particular purpose
- 131Power to spend capital subject to special trusts
- Part XIII: FUNDING OF CHARITABLE INSTITUTIONS
- Chapter I: INTRODUCTORY
- 132Interpretation of Part XIII
- Chapter II: PUBLIC CHARITABLE COLLECTIONS
- Preliminary
- 133Regulation of public charitable collections
- 134Charitable appeals that are not public charitable collections
- 135Other definitions for purposes of this Chapter
- Restrictions on conducting collections
- 136Restrictions on conducting collections in a public place
- 137Restrictions on conducting door to door collections
- 138Exemption for local, short-term collections
- Public collections certificates
- 139Applications for certificates
- 140Determination of applications and issue of certificates
- 141Grounds for refusing to issue a certificate
- 142Power to call for information and documents
- 143Transfer of certificate between trustees of unincorporated charity
- 144Withdrawal or variation etc. of certificates
- Permits
- 145Applications for permits to conduct public charitable collections
- 146Determination of applications and issue of permits
- 147Refusal of permits
- 148Withdrawal or variation etc. of permits
- 149Appeals against decisions of Commission
- Supplementary
- 150Regulations
- 151Offences
- Chapter III: CONTROL OF FUND-RAISING FOR CHARITABLE INSTITUTIONS
- Preliminary
- 152Interpretation of Chapter III
- Control of fund-raising
- 153Prohibition on professional fund-raiser etc. raising funds for charitable institution without an agreement in prescribed form
- 154Professional fund-raisers etc. required to indicate institutions benefiting and arrangements for remuneration
- 155Other persons making appeals required to indicate institutions benefiting and arrangements for remuneration
- 156Exclusion of lower-paid collectors from provisions of Article 155
- 157Cancellation of payments and agreements made in response to appeals
- 158Right of charitable institution to prevent unauthorised fund-raising
- 159False statements relating to institutions which are not registered charities
- Supplementary
- 160Regulations about fund-raising
- 161Reserve power to control fund-raising by charitable institutions
- Chapter IV: FINANCIAL ASSISTANCE
- 162Power of Department to give financial assistance to charitable, benevolent or philanthropic institutions
- Part XIV: MISCELLANEOUS AND SUPPLEMENTARY
- Merger of charities
- 163Register of charity mergers
- 164Register of charity mergers: supplementary
- 165Pre-merger vesting declarations
- 166Effect of registering charity merger on gifts to transferor
- Institutions established outside Northern Ireland
- 167Application of Order in relation to institutions established outside Northern Ireland
- Other matters
- 168Manner of giving notice of charity meetings, etc.
- 169Manner of executing instruments
- 170Transfer and evidence of title to property vested in trustees
- 171Supply by Commission of copies of documents open to public inspection
- 172Fees and other amounts payable to Commission
- 173Enforcement of requirements by order of Commission
- 174Enforcement of orders of Commission
- 175Other provisions as to orders of Commission
- 176Directions of the Commission
- 177Miscellaneous provisions as to evidence
- 178Restriction on institution of proceedings for certain offences
- Supplementary
- 179Orders and regulations
- 180Amendments reflecting changes in company law
- 181Further provision
- 182Minor and consequential amendments
- 183Repeals
- Signature
- Schedule 1: THE CHARITY COMMISSION FOR NORTHERN IRELAND
- Terms of appointment
- 1Paragraph 1
- 2Paragraph 2
- Remuneration, etc.
- 3Paragraph 3
- Staff
- 4Paragraph 4
- 5Paragraph 5
- Annual report
- 6Paragraph 6
- Money
- 7Paragraph 7
- 8Paragraph 8
- Procedure
- 9Paragraph 9
- Power to transfer property
- 10Paragraph 10
- Status
- 11Paragraph 11
- The Northern Ireland Assembly Disqualification Act 1975 (c. 25)
- 12Paragraph 12
- The Commissioner for Complaints (Northern Ireland) Order 1996 (NI 7)
- 13Paragraph 13
- The Freedom of Information Act 2000 (c. 36)
- 14Paragraph 14
- Schedule 2: THE CHARITY TRIBUNAL
- Membership
- 1Paragraph 1
- Deputy President
- 2Paragraph 2
- Terms of appointment
- 3Paragraph 3
- 4Paragraph 4
- Remuneration etc.
- 5Paragraph 5
- Staff and facilities
- 6Paragraph 6
- Panels
- 7Paragraph 7
- 8Paragraph 8
- Practice and procedure
- 9Paragraph 9
- 10Paragraph 10
- Transitory provision
- 11Paragraph 11
- The Northern Ireland Assembly Disqualification Act 1975 (c. 25)
- 12Paragraph 12
- Schedule 3: APPEALS AND APPLICATIONS TO TRIBUNAL
- Appeals: general
- 1Paragraph 1
- Appeals: orders under Article 25
- 2Paragraph 2
- Reviewable matters
- 3Paragraph 3
- Reviews
- 4Paragraph 4
- Interpretation: remission of matters to Commission
- 5Paragraph 5
- Power to amend Table etc.
- 6Paragraph 6
- Schedule 4: REFERENCES TO THE TRIBUNAL
- References by the Commission
- 1Paragraph 1
- References by Attorney General
- 2Paragraph 2
- Powers of Commission in relation to matters referred to Tribunal
- 3Paragraph 3
- Suspension of time limits while reference in progress
- 4Paragraph 4
- Agreement for Commission to act while reference in progress
- 5Paragraph 5
- Appeals and applications in respect of matters determined on references
- 6Paragraph 6
- Interpretation
- 7Paragraph 7
- Schedule 5: MEANING OF “CONNECTED PERSONS” FOR PURPOSES OF ARTICLE 61(2)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 6: GROUP ACCOUNTS
- Interpretation
- 1Paragraph 1
- Accounting records
- 2Paragraph 2
- Preparation of group accounts
- 3Paragraph 3
- Exceptions relating to requirement to prepare group accounts
- 4Paragraph 4
- Preservation of group accounts
- 5Paragraph 5
- Audit accounts of larger groups
- 6Paragraph 6
- Examination of accounts of smaller groups
- 7Paragraph 7
- Supplementary provisions relating to audits etc.
- 8Paragraph 8
- Duty of auditors etc. to report matters to Commission
- 9Paragraph 9
- Annual reports
- 10Paragraph 10
- Public inspection of annual reports etc.
- 11Paragraph 11
- Offences
- 12Paragraph 12
- Aggregate gross income
- 13Paragraph 13
- Schedule 7: FURTHER PROVISION ABOUT CHARITABLE INCORPORATED ORGANISATIONS
- Powers
- 1Paragraph 1
- Constitutional requirements
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Third parties
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Duties
- 9Paragraph 9
- 10Paragraph 10
- Personal benefit and payments
- 11Paragraph 11
- 12Paragraph 12
- Procedure
- 13Paragraph 13
- Amendment of constitution
- 14Paragraph 14
- Registration and coming into effect of amendments
- 15Paragraph 15
- Schedule 8: MINOR AND CONSEQUENTIAL AMENDMENTS
- Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (c. 31)
- 1Paragraph 1
- The Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24)
- 2Paragraph 2
- The Education and Libraries (Northern Ireland) Order 1986 (NI 3)
- 3Paragraph 3
- The Companies (Northern Ireland) Order 1986 (NI 6)
- 4Paragraph 4
- 5Paragraph 5
- The Pensions (Northern Ireland) Order 1995 (NI 22)
- 6Paragraph 6
- The Street Trading Act (Northern Ireland) 2001 (c. 8)
- 7Paragraph 7
- The Trustee Act (Northern Ireland) 2001 (c. 14)
- 8Paragraph 8
- The Criminal Justice and Police Act 2001 (c. 16)
- 9Paragraph 9
- The Housing (Northern Ireland) Order 2003 (NI 3)
- 10Paragraph 10
- Schedule 9REPEALS
- Explanatory note