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The Charities (Northern Ireland) Order 2007

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2007, ISBN 9780110800677

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.

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

  1. Part I: INTRODUCTORY
  2. 1Title and commencement
  3. 2General interpretation
  4. 3Meaning of “charity”
  5. 4Meaning of “charitable purpose”
  6. 5The “public benefit” test
  7. 6Guidance as to operation of public benefit requirement
  8. 7Special provisions about recreational charities, sports clubs, etc.
  9. Part II: THE CHARITY COMMISSION FOR NORTHERN IRELAND
  10. Establishment of the Commission
  11. 8The Charity Commission for Northern Ireland
  12. The Commission’s objectives, general functions, etc.
  13. 9The Commission’s objectives
  14. 10The Commission’s general functions
  15. 11The Commission’s general duties
  16. 12The Commission’s incidental powers
  17. The official custodian for charities in Northern Ireland
  18. 13The official custodian for charities in Northern Ireland
  19. Part III: THE CHARITY TRIBUNAL FOR NORTHERN IRELAND
  20. 14The Charity Tribunal for Northern Ireland
  21. 15Practice and procedure
  22. 16Appeal from Tribunal
  23. 17Intervention by Attorney General
  24. Part IV: REGISTRATION OF CHARITIES AND CHARITABLE NAMES
  25. 18Register of charities
  26. 19Duties of trustees in connection with registration
  27. 20Effect of, and claims and objections to, registration
  28. 21Status of registered charity to appear on official publications etc.
  29. Charity names
  30. 22Power of Commission to require charity’s name to be changed
  31. 23Effect of direction under Article 22 where charity is a company
  32. Part V: INFORMATION POWERS
  33. 24General power to institute inquiries
  34. 25Power to call for documents and search records
  35. 26Disclosure of information by and to the Commission
  36. 27Supply of false or misleading information to Commission, etc.
  37. Part VI: APPLICATION OF PROPERTY CY-PRÈS AND ASSISTANCE AND SUPERVISION OF CHARITIES BY COURT AND COMMISSION
  38. Extended powers of Court and variation of charters
  39. 28Occasions for applying property cy-près
  40. 29Application cy-près of gifts of donors unknown or disclaiming
  41. 30Application cy-près of gifts made in response to certain solicitations
  42. 31Cy-près schemes
  43. 32Charities governed by charter
  44. Powers of Commission to make schemes and act for protection of charities etc.
  45. 33Concurrent jurisdiction with High Court for certain purposes
  46. 34Further powers to make schemes or alter application of charitable property
  47. 35Power to act for protection of charities
  48. 36Power to suspend or remove trustees etc. from membership of charity
  49. 37Supplementary provisions relating to interim manager appointed for a charity
  50. 38Power to give specific directions for protection of charity
  51. 39Power to direct application of charity property
  52. 40Copy of order under Article 35, 36, 38 or 39, and Commission’s reasons, to be sent to charity
  53. 41Publicity relating to schemes
  54. 42Publicity for orders relating to trustees or other individuals
  55. Property vested in official custodian
  56. 43Entrusting charity property to official custodian, and termination of trust
  57. 44Supplementary provisions as to property vested in official custodian
  58. Establishment of common investment or deposit funds
  59. 45Schemes to establish common investment funds
  60. 46Schemes to establish common deposit funds
  61. 47Meaning of “Scottish recognised body” and “England and Wales charity” in Articles 45 and 46
  62. Additional powers of Commission
  63. 48Power to authorise dealings with charity property, etc.
  64. 49Power to authorise ex gratia payments, etc.
  65. 50Power to give directions about dormant bank accounts of charities
  66. 51Power to give advice and guidance
  67. 52Power to determine membership of charity
  68. 53Powers for preservation of charity documents
  69. 54Power to order taxation of solicitor’s bill
  70. 55Power to enter premises
  71. Legal proceedings relating to charities
  72. 56Proceedings by Commission
  73. 57Proceedings by other persons
  74. 58Report of Article 24 inquiry to be evidence in certain proceedings
  75. Property held on behalf of English, Welsh and Scottish charities
  76. 59Powers in relation to certain English, Welsh and Scottish charities
  77. Part VII: CHARITY LAND
  78. 60Interpretation of Part VII
  79. 61Restriction on dispositions
  80. 62Supplementary provisions relating to dispositions
  81. 63Release of charity rentcharges
  82. 64Restrictions on mortgaging
  83. 65Supplementary provisions relating to mortgaging
  84. Part VIII: CHARITY ACCOUNTS, REPORTS AND RETURNS
  85. 66Duty to keep accounting records
  86. 67Annual statements of accounts
  87. 68Annual audit or examination of charity accounts
  88. 69Supplementary provisions relating to audits etc.
  89. 70Duty of auditors etc. to report matters to Commission
  90. 71Annual reports
  91. 72Public inspection of annual reports etc.
  92. 73Annual returns by charities
  93. 74Offences
  94. 75Group accounts
  95. Part IX: CHARITY TRUSTEES
  96. Chapter I: INCORPORATION OF CHARITY TRUSTEES
  97. 76Interpretation of Chapter I
  98. 77Incorporation of trustees of a charity
  99. 78Estate to vest in body corporate
  100. 79Applications for incorporation
  101. 80Nomination of trustees, and filling up vacancies
  102. 81Liability of trustees and others, notwithstanding incorporation
  103. 82Certificate to be evidence of compliance with requirements for incorporation
  104. 83Power of Commission to amend certificate of incorporation
  105. 84Records of applications and certificates
  106. 85Enforcement of orders and directions
  107. 86Gifts to charity before incorporation to have same effect afterwards
  108. 87Execution of documents by incorporated body
  109. 88Power of Commission to dissolve incorporated body
  110. Chapter II: OTHER PROVISIONS RELATING TO CHARITY TRUSTEES
  111. 89Persons disqualified for being trustees of a charity
  112. 90Person acting as charity trustee while disqualified
  113. 91Remuneration of trustees etc. providing services to charity
  114. 92Supplementary provisions for purposes of Article 91
  115. 93Disqualification of trustee receiving remuneration under Article 91
  116. 94Power to relieve trustees, auditors etc. from liability for breach of trust or duty
  117. 95Court’s power to grant relief to apply to all auditors etc. of charities which are not companies
  118. 96Trustees' indemnity insurance
  119. 97Trustees
  120. Part X: CHARITABLE COMPANIES
  121. 98Winding up
  122. 99Alteration of objects clause
  123. 100Invalidity of certain transactions
  124. 101Requirement of consent of Commission to certain acts
  125. 102Name to appear on correspondence, etc.
  126. 103Status to appear on correspondence etc.
  127. 104Duty of charity’s auditors etc. to report matters to Commission
  128. 105Investigation of accounts
  129. 106Annual audit or examination of accounts of charitable companies
  130. Part XI: CHARITABLE INCORPORATED ORGANISATIONS
  131. Nature and constitution
  132. 107Nature and constitution
  133. 108Constitution
  134. 109Name and status
  135. 110Offences connected with name and status
  136. Registration
  137. 111Application for registration
  138. 112Effect of registration
  139. Conversion, amalgamation and transfer
  140. 113Conversion of charitable company or registered industrial and provident society
  141. 114Conversion: consideration of application
  142. 115Conversion: supplementary
  143. 116Conversion of community interest company
  144. 117Amalgamation of CIOs
  145. 118Amalgamation: supplementary
  146. 119Transfer of CIO’s undertaking
  147. Winding up, insolvency and dissolution
  148. 120Regulations about winding up, insolvency and dissolution
  149. Miscellaneous
  150. 121Power to transfer all property of unincorporated charity to one or more CIOs
  151. 122Further provision about CIOs
  152. 123Regulations
  153. Part XII: POWERS OF UNINCORPORATED CHARITIES
  154. Transfer of property
  155. 124Power to transfer all property of unincorporated charity
  156. 125Resolution not to take effect or to take effect at later date
  157. 126Transfer where charity has permanent endowment
  158. Modification of purposes, powers or procedure
  159. 127Power to replace purposes of unincorporated charity
  160. 128Power to modify powers or procedures of unincorporated charity
  161. Spending of capital
  162. 129Power of unincorporated charities to spend capital: general
  163. 130Power of larger unincorporated charities to spend capital given for particular purpose
  164. 131Power to spend capital subject to special trusts
  165. Part XIII: FUNDING OF CHARITABLE INSTITUTIONS
  166. Chapter I: INTRODUCTORY
  167. 132Interpretation of Part XIII
  168. Chapter II: PUBLIC CHARITABLE COLLECTIONS
  169. Preliminary
  170. 133Regulation of public charitable collections
  171. 134Charitable appeals that are not public charitable collections
  172. 135Other definitions for purposes of this Chapter
  173. Restrictions on conducting collections
  174. 136Restrictions on conducting collections in a public place
  175. 137Restrictions on conducting door to door collections
  176. 138Exemption for local, short-term collections
  177. Public collections certificates
  178. 139Applications for certificates
  179. 140Determination of applications and issue of certificates
  180. 141Grounds for refusing to issue a certificate
  181. 142Power to call for information and documents
  182. 143Transfer of certificate between trustees of unincorporated charity
  183. 144Withdrawal or variation etc. of certificates
  184. Permits
  185. 145Applications for permits to conduct public charitable collections
  186. 146Determination of applications and issue of permits
  187. 147Refusal of permits
  188. 148Withdrawal or variation etc. of permits
  189. 149Appeals against decisions of Commission
  190. Supplementary
  191. 150Regulations
  192. 151Offences
  193. Chapter III: CONTROL OF FUND-RAISING FOR CHARITABLE INSTITUTIONS
  194. Preliminary
  195. 152Interpretation of Chapter III
  196. Control of fund-raising
  197. 153Prohibition on professional fund-raiser etc. raising funds for charitable institution without an agreement in prescribed form
  198. 154Professional fund-raisers etc. required to indicate institutions benefiting and arrangements for remuneration
  199. 155Other persons making appeals required to indicate institutions benefiting and arrangements for remuneration
  200. 156Exclusion of lower-paid collectors from provisions of Article 155
  201. 157Cancellation of payments and agreements made in response to appeals
  202. 158Right of charitable institution to prevent unauthorised fund-raising
  203. 159False statements relating to institutions which are not registered charities
  204. Supplementary
  205. 160Regulations about fund-raising
  206. 161Reserve power to control fund-raising by charitable institutions
  207. Chapter IV: FINANCIAL ASSISTANCE
  208. 162Power of Department to give financial assistance to charitable, benevolent or philanthropic institutions
  209. Part XIV: MISCELLANEOUS AND SUPPLEMENTARY
  210. Merger of charities
  211. 163Register of charity mergers
  212. 164Register of charity mergers: supplementary
  213. 165Pre-merger vesting declarations
  214. 166Effect of registering charity merger on gifts to transferor
  215. Institutions established outside Northern Ireland
  216. 167Application of Order in relation to institutions established outside Northern Ireland
  217. Other matters
  218. 168Manner of giving notice of charity meetings, etc.
  219. 169Manner of executing instruments
  220. 170Transfer and evidence of title to property vested in trustees
  221. 171Supply by Commission of copies of documents open to public inspection
  222. 172Fees and other amounts payable to Commission
  223. 173Enforcement of requirements by order of Commission
  224. 174Enforcement of orders of Commission
  225. 175Other provisions as to orders of Commission
  226. 176Directions of the Commission
  227. 177Miscellaneous provisions as to evidence
  228. 178Restriction on institution of proceedings for certain offences
  229. Supplementary
  230. 179Orders and regulations
  231. 180Amendments reflecting changes in company law
  232. 181Further provision
  233. 182Minor and consequential amendments
  234. 183Repeals
  235. Signature
  236. Schedule 1: THE CHARITY COMMISSION FOR NORTHERN IRELAND
  237. Terms of appointment
  238. 1Paragraph 1
  239. 2Paragraph 2
  240. Remuneration, etc.
  241. 3Paragraph 3
  242. Staff
  243. 4Paragraph 4
  244. 5Paragraph 5
  245. Annual report
  246. 6Paragraph 6
  247. Money
  248. 7Paragraph 7
  249. 8Paragraph 8
  250. Procedure
  251. 9Paragraph 9
  252. Power to transfer property
  253. 10Paragraph 10
  254. Status
  255. 11Paragraph 11
  256. The Northern Ireland Assembly Disqualification Act 1975 (c. 25)
  257. 12Paragraph 12
  258. The Commissioner for Complaints (Northern Ireland) Order 1996 (NI 7)
  259. 13Paragraph 13
  260. The Freedom of Information Act 2000 (c. 36)
  261. 14Paragraph 14
  262. Schedule 2: THE CHARITY TRIBUNAL
  263. Membership
  264. 1Paragraph 1
  265. Deputy President
  266. 2Paragraph 2
  267. Terms of appointment
  268. 3Paragraph 3
  269. 4Paragraph 4
  270. Remuneration etc.
  271. 5Paragraph 5
  272. Staff and facilities
  273. 6Paragraph 6
  274. Panels
  275. 7Paragraph 7
  276. 8Paragraph 8
  277. Practice and procedure
  278. 9Paragraph 9
  279. 10Paragraph 10
  280. Transitory provision
  281. 11Paragraph 11
  282. The Northern Ireland Assembly Disqualification Act 1975 (c. 25)
  283. 12Paragraph 12
  284. Schedule 3: APPEALS AND APPLICATIONS TO TRIBUNAL
  285. Appeals: general
  286. 1Paragraph 1
  287. Appeals: orders under Article 25
  288. 2Paragraph 2
  289. Reviewable matters
  290. 3Paragraph 3
  291. Reviews
  292. 4Paragraph 4
  293. Interpretation: remission of matters to Commission
  294. 5Paragraph 5
  295. Power to amend Table etc.
  296. 6Paragraph 6
  297. Schedule 4: REFERENCES TO THE TRIBUNAL
  298. References by the Commission
  299. 1Paragraph 1
  300. References by Attorney General
  301. 2Paragraph 2
  302. Powers of Commission in relation to matters referred to Tribunal
  303. 3Paragraph 3
  304. Suspension of time limits while reference in progress
  305. 4Paragraph 4
  306. Agreement for Commission to act while reference in progress
  307. 5Paragraph 5
  308. Appeals and applications in respect of matters determined on references
  309. 6Paragraph 6
  310. Interpretation
  311. 7Paragraph 7
  312. Schedule 5: MEANING OF “CONNECTED PERSONS” FOR PURPOSES OF ARTICLE 61(2)
  313. 1Paragraph 1
  314. 2Paragraph 2
  315. 3Paragraph 3
  316. 4Paragraph 4
  317. Schedule 6: GROUP ACCOUNTS
  318. Interpretation
  319. 1Paragraph 1
  320. Accounting records
  321. 2Paragraph 2
  322. Preparation of group accounts
  323. 3Paragraph 3
  324. Exceptions relating to requirement to prepare group accounts
  325. 4Paragraph 4
  326. Preservation of group accounts
  327. 5Paragraph 5
  328. Audit accounts of larger groups
  329. 6Paragraph 6
  330. Examination of accounts of smaller groups
  331. 7Paragraph 7
  332. Supplementary provisions relating to audits etc.
  333. 8Paragraph 8
  334. Duty of auditors etc. to report matters to Commission
  335. 9Paragraph 9
  336. Annual reports
  337. 10Paragraph 10
  338. Public inspection of annual reports etc.
  339. 11Paragraph 11
  340. Offences
  341. 12Paragraph 12
  342. Aggregate gross income
  343. 13Paragraph 13
  344. Schedule 7: FURTHER PROVISION ABOUT CHARITABLE INCORPORATED ORGANISATIONS
  345. Powers
  346. 1Paragraph 1
  347. Constitutional requirements
  348. 2Paragraph 2
  349. 3Paragraph 3
  350. 4Paragraph 4
  351. Third parties
  352. 5Paragraph 5
  353. 6Paragraph 6
  354. 7Paragraph 7
  355. 8Paragraph 8
  356. Duties
  357. 9Paragraph 9
  358. 10Paragraph 10
  359. Personal benefit and payments
  360. 11Paragraph 11
  361. 12Paragraph 12
  362. Procedure
  363. 13Paragraph 13
  364. Amendment of constitution
  365. 14Paragraph 14
  366. Registration and coming into effect of amendments
  367. 15Paragraph 15
  368. Schedule 8: MINOR AND CONSEQUENTIAL AMENDMENTS
  369. Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (c. 31)
  370. 1Paragraph 1
  371. The Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24)
  372. 2Paragraph 2
  373. The Education and Libraries (Northern Ireland) Order 1986 (NI 3)
  374. 3Paragraph 3
  375. The Companies (Northern Ireland) Order 1986 (NI 6)
  376. 4Paragraph 4
  377. 5Paragraph 5
  378. The Pensions (Northern Ireland) Order 1995 (NI 22)
  379. 6Paragraph 6
  380. The Street Trading Act (Northern Ireland) 2001 (c. 8)
  381. 7Paragraph 7
  382. The Trustee Act (Northern Ireland) 2001 (c. 14)
  383. 8Paragraph 8
  384. The Criminal Justice and Police Act 2001 (c. 16)
  385. 9Paragraph 9
  386. The Housing (Northern Ireland) Order 2003 (NI 3)
  387. 10Paragraph 10
  388. Schedule 9REPEALS
  389. Explanatory note