Article 2 General interpretation

The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.

In this Order, except in so far as the context otherwise requires,—

• “charitable purposes” means purposes which are exclusively charitable purposes as defined by Article 4;

• “charity” has the meaning given in Article 3;

• “charity trustees” means the persons having the general control and management of the administration of a charity;

• “CIO” means charitable incorporated organisation;

• “the Commission” means the Charity Commission for Northern Ireland;

• “company” means a company formed and registered under the Companies (Northern Ireland) Order 1986 (NI 6) or to which the provisions of that Order apply as they apply to such a company;

• “the Court”, subject to Article 14(b) of the County Courts (Northern Ireland) Order 1980 (NI 3), means the High Court;

• “the Department” means the Department for Social Development;

• “financial year”—

  1. (a)

     in relation to a charity which is a company, shall be construed in accordance with Article 231 of the Companies (Northern Ireland) Order 1986 (NI 6), and

  2. (b)

     in relation to any other charity, shall be construed in accordance with regulations made by virtue of Article 67(2);

• “gross income”, in relation to a charity, means its gross recorded income from all sources including special trusts;

• “independent examiner”, in relation to a charity, means such a person as is mentioned in Article 68(3)(a);

• “institution” means any institution whether incorporated or not and includes a trust or undertaking;

• “members”, in relation to a charity with a body of members distinct from the charity trustees, means any of those members;

• “the official custodian” means the official custodian for charities (see Article 13);

• “permanent endowment” shall be construed in accordance with Article 3(3);

• “public benefit” shall be construed in accordance with Article 5;

• “public charitable collection” has the meaning given by Article 133(2);

• “public collections certificate” means a certificate issued under Article 140;

• “the register” means the register of charities kept under Article 18, and “registered” shall be construed accordingly;

• “special trust” means property which is held and administered by or on behalf of a charity for any special purposes of the charity, and is so held and administered on separate trusts relating only to that property but a special trust shall not, by itself, constitute a charity for the purposes of Part VIII;

• “statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954;

• “the Tribunal” means the Charity Tribunal for Northern Ireland;

• “trusts” in relation to a charity, means the provisions establishing it as a charity and regulating its purposes and administration, whether those provisions take effect by way of trust or not, and in relation to other institutions has a corresponding meaning.

In this Order, except in so far as the context otherwise requires, “document” includes information recorded in any form, and, in relation to information recorded otherwise than in legible form—

No vesting or transfer of any property in pursuance of any provision of Part VI, IX, XI, XII or XIV shall operate as a breach of a covenant or condition against alienation or give rise to a forfeiture.