Charities Act (Northern Ireland) 2008
2008 nia 12 · Enacted 9 September 2008 · Extends to Northern Ireland
An Act to provide for the establishment and functions of the Charity Commission for Northern Ireland and the Charity Tribunal for Northern Ireland; to make provision about the law of charities, including provision about charitable incorporated organisations; to make further provision about public charitable collections and other fund-raising carried on in connection with charities and other institutions; and for connected purposes.
[9th September 2008]
BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:C1
Annotations to the whole text
Modifications
- C1
Act modified (19.8.2013) by The Charities Act 2008 (Transitional Provision) Order (Northern Ireland) 2013 (S.R. 2013/211), art. 2(1)
Contents
- Part 1: INTRODUCTORY
- 1Meaning of “charity”
- 2Meaning of “charitable purpose”
- 3The public benefit requirement
- 4Guidance as to operation of public benefit requirement
- 5Special provisions about recreational charities, sports clubs, etc.
- Part 2: THE CHARITY COMMISSION FOR NORTHERN IRELAND
- Establishment of the Commission
- 6The Charity Commission for Northern Ireland
- The Commission's objectives, general functions, etc.
- 7The Commission's objectives
- 8The Commission's general functions
- 9The Commission's general duties
- 10The Commission's incidental powers
- The official custodian for charities in Northern Ireland Not yet in force
- 11The official custodian for charities in Northern Ireland Not yet in force
- Part 3: THE CHARITY TRIBUNAL FOR NORTHERN IRELAND
- 12The Charity Tribunal for Northern Ireland
- 13Practice and procedure
- 14Appeal from Tribunal
- 15Intervention by Attorney General
- Part 4: REGISTRATION OF CHARITIES AND CHARITABLE NAMES
- The register of charities
- 16Register of charities
- 16APower to set thresholds for exemption from registration
- 16BCharities exempted under section 16A: information
- 16CCharities exempted under section 16A: consequential provision
- 17Duties of trustees in connection with registration
- 18Effect of, and claims and objections to, registration
- 19Status of registered charity to appear on official publications, etc.
- Charity names
- 20Power of Commission to require charity's name to be changed
- 21Effect of direction under section 20 where charity is a company
- Part 5: INFORMATION POWERS
- 22General power to institute inquiries
- 23Power to call for documents and search records
- 24Disclosure of information by and to the Commission
- 25Supply of false or misleading information to Commission, etc.
- Part 6: APPLICATION OF PROPERTY CY-PRÈS AND ASSISTANCE AND SUPERVISION OF CHARITIES BY COURT AND COMMISSION
- Extended powers of Court and variation of charters
- 26Occasions for applying property cy-près
- 27Application cy-près of gifts of donors unknown or disclaiming
- 28Application cy-près of gifts made in response to certain solicitations
- 29Cy-près schemes
- 29AGifts for mixed purposes
- 30Charities governed by charter
- Powers of Commission to make schemes and act for protection of charities, etc.
- 31Concurrent jurisdiction with High Court for certain purposes
- 32Further powers to make schemes or alter application of charitable property
- 33Power to act for protection of charities
- 34Power to suspend or remove trustees, etc. from membership of charity
- 35Supplementary provisions relating to interim manager appointed for a charity
- 36Power to give specific directions for protection of charity
- 37Power to direct application of charity property
- 38Copy of order under section 33, 34, 36 or 37, and Commission's reasons, to be sent to charity
- 39Publicity relating to schemes
- 40Publicity for orders relating to trustees or other individuals
- Property vested in official custodian Not yet in force
- 41Entrusting charity property to official custodian, and termination of trust Not yet in force
- 42Supplementary provisions as to property vested in official custodian Not yet in force
- Establishment of common investment or deposit funds Not yet in force
- 43Schemes to establish common investment funds Not yet in force
- 44Schemes to establish common deposit funds Not yet in force
- 45Meaning of “Scottish recognised body” and “England and Wales charity” in sections 43 and 44 Not yet in force
- Additional powers of Commission
- 46Power to authorise dealings with charity property, etc.
- 47Power to authorise ex gratia payments, etc.
- 48Power to give directions about dormant bank accounts of charities
- 49Power to give advice and guidance
- 50Power to determine membership of charity
- 51Powers for preservation of charity documents
- 52Power to enter premises
- Legal proceedings relating to charities
- 53Proceedings by Commission
- 54Proceedings by other persons
- 55Report of section 22 inquiry to be evidence in certain proceedings
- Property held on behalf of English, Welsh and Scottish charities
- 56Powers in relation to certain English, Welsh and Scottish charities
- Part 7: CHARITY LAND Not yet in force
- 57Restriction on dispositions Not yet in force
- 58Supplementary provisions relating to dispositions Not yet in force
- 59Release of charity rentcharges Not yet in force
- 60Restrictions on mortgaging Not yet in force
- 61Supplementary provisions relating to mortgaging Not yet in force
- 62Interpretation of Part 7 Not yet in force
- Part 8: CHARITY ACCOUNTS, REPORTS AND RETURNS
- 63Duty to keep accounting records
- 64Annual statements of accounts
- 65Annual audit or examination of charity accounts
- 66Supplementary provisions relating to audits, etc.
- 67Duty of auditors, etc. to report matters to Commission
- 68Annual reports
- 69Public inspection of annual reports, etc.
- 70Annual returns by charities
- 71Offences
- 72Group accounts
- Part 9: CHARITY TRUSTEES
- Chapter 1: INCORPORATION OF CHARITY TRUSTEES Not yet in force
- 73Incorporation of trustees of a charity Not yet in force
- 74Estate to vest in body corporate Not yet in force
- 75Applications for incorporation Not yet in force
- 76Nomination of trustees, and filling up vacancies Not yet in force
- 77Liability of trustees and others, notwithstanding incorporation Not yet in force
- 78Certificate to be evidence of compliance with requirements for incorporation Not yet in force
- 79Power of Commission to amend certificate of incorporation Not yet in force
- 80Records of applications and certificates Not yet in force
- 81Enforcement of orders and directions Not yet in force
- 82Gifts to charity before incorporation to have same effect afterwards Not yet in force
- 83Execution of documents by incorporated body Not yet in force
- 84Power of Commission to dissolve incorporated body Not yet in force
- 85Interpretation of Chapter 1 Not yet in force
- Chapter 2: OTHER PROVISIONS RELATING TO CHARITY TRUSTEES
- 86Persons disqualified for being trustees of a charity
- 87Person acting as charity trustee while disqualified
- 88Remuneration of trustees, etc. providing services to charity
- 89Supplementary provisions for purposes of section 88
- 90Disqualification of trustee receiving remuneration under section 88
- 91Power to relieve trustees, auditors, etc. from liability for breach of trust or duty
- 92Court's power to grant relief to apply to all auditors, etc. of charities which are not companies Not yet in force
- 93Trustees' indemnity insurance
- 94Trustees Not yet in force
- Part 10: CHARITABLE COMPANIES
- 95Winding up Not yet in force
- 96Alteration of objects ...
- 97Invalidity of certain transactions Not yet in force
- 98Consent of Commission required for approval etc by members of charitable companies
- 99Consent of Commission required for certain acts of charitable company
- 100Requirement to disclose charitable status
- 101Civil consequences of failure to make required disclosure
- 102Criminal consequences of failure to make required disclosure
- 103Duty of charity's auditors, etc. to report matters to Commission
- 104Investigation of accounts
- Part 11: CHARITABLE INCORPORATED ORGANISATIONS Not yet in force
- Nature and constitution Not yet in force
- 105Nature and constitution Not yet in force
- 106Constitution Not yet in force
- 107Name and status Not yet in force
- 108Civil consequences of failure to disclose name and status Not yet in force
- 109Offences connected with name and status Not yet in force
- Registration Not yet in force
- 110Application for registration Not yet in force
- 111Effect of registration Not yet in force
- Conversion, amalgamation and transfer Not yet in force
- 112Conversion of charitable company or registered society Not yet in force
- 113Conversion: consideration of application Not yet in force
- 114Conversion: supplementary Not yet in force
- 115Conversion of community interest company Not yet in force
- 116Amalgamation of CIOs Not yet in force
- 117Amalgamation: supplementary Not yet in force
- 118Transfer of CIO's undertaking Not yet in force
- Winding up, insolvency and dissolution Not yet in force
- 119Regulations about winding up, insolvency and dissolution Not yet in force
- Miscellaneous Not yet in force
- 120Power to transfer all property of unincorporated charity to one or more CIOs Not yet in force
- 121Further provision about CIOs Not yet in force
- 122Regulations Not yet in force
- Part 12: POWERS OF UNINCORPORATED CHARITIES
- Transfer of property
- 123Power to transfer all property of unincorporated charity
- 124Resolution not to take effect or to take effect at later date
- 125Transfer where charity has permanent endowment
- Modification of purposes, powers or procedure
- 126Power to replace purposes of unincorporated charity
- 127Power to modify powers or procedures of unincorporated charity
- Spending of capital
- 128Power of unincorporated charities to spend capital: general
- 129Power of larger unincorporated charities to spend capital given for particular purpose
- 130Power to spend capital subject to special trusts
- Part 13: FUNDING OF CHARITABLE INSTITUTIONS
- Chapter 1: PUBLIC CHARITABLE COLLECTIONS Not yet in force
- Preliminary Not yet in force
- 131Regulation of public charitable collections Not yet in force
- 132Charitable appeals that are not public charitable collections Not yet in force
- 133Other definitions for purposes of this Chapter Not yet in force
- Restrictions on conducting collections Not yet in force
- 134Restrictions on conducting collections in a public place Not yet in force
- 135Restrictions on conducting door to door collections Not yet in force
- 136Exemption for local, short-term collections Not yet in force
- Public collections certificates Not yet in force
- 137Applications for certificates Not yet in force
- 138Determination of applications and issue of certificates Not yet in force
- 139Grounds for refusing to issue a certificate Not yet in force
- 140Power to call for information and documents Not yet in force
- 141Transfer of certificate between trustees of unincorporated charity Not yet in force
- 142Withdrawal or variation, etc. of certificates Not yet in force
- Permits Not yet in force
- 143Applications for permits to conduct public charitable collections Not yet in force
- 144Determination of applications and issue of permits Not yet in force
- 145Refusal of permits Not yet in force
- 146Withdrawal or variation, etc. of permits Not yet in force
- 147Appeals against decisions of Commission Not yet in force
- Supplementary Not yet in force
- 148Regulations Not yet in force
- 149Offences Not yet in force
- Chapter 2: CONTROL OF FUND-RAISING FOR CHARITABLE INSTITUTIONS
- Control of fund-raising
- 150Prohibition on professional fund-raiser, etc. raising funds for charitable institution without an agreement in prescribed form Not yet in force
- 151Professional fund-raisers, etc. required to indicate institutions benefiting and arrangements for remuneration Not yet in force
- 152Other persons making appeals required to indicate institutions benefiting and arrangements for remuneration Not yet in force
- 153Exclusion of lower-paid collectors from provisions of section 152 Not yet in force
- 154Cancellation of payments and agreements made in response to appeals Not yet in force
- 155Right of charitable institution to prevent unauthorised fund-raising Not yet in force
- 156False statements relating to institutions which are not registered charities
- Supplementary Not yet in force
- 157Regulations about fund-raising Not yet in force
- 158Reserve power to control fund-raising by charitable institutions Not yet in force
- Interpretation
- 159Interpretation of Chapter 2
- Chapter 3: INTERPRETATION OF PART 13 Not yet in force
- 160Interpretation of Part 13 Not yet in force
- Part 14: MISCELLANEOUS AND SUPPLEMENTARY
- Merger of charities
- 161Register of charity mergers
- 162Register of charity mergers: supplementary
- 163Pre-merger vesting declarations
- 164Effect of registering charity merger on gifts to transferor
- Religious charities
- 165Application of Act in relation to designated religious charities
- 166Designation, etc. of religious charities
- Institutions which are not charities under the law of Northern Ireland Not yet in force
- 167Institutions which are not charities under the law of Northern Ireland Not yet in force
- Other matters
- 168Manner of giving notice of charity meetings, etc.
- 169Manner of executing documents
- 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
- 180General interpretation
- 181Amendments reflecting changes in company law
- 182Further provision
- 183Minor and consequential amendments
- 184Repeals
- 185Commencement
- 186Short title
- 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
- Performance of functions by staff
- 9AParagraph 9A
- 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 Repealed
- The Freedom of Information Act 2000 (c. 36)
- 14Paragraph 14
- Schedule 2: THE CHARITY TRIBUNAL
- Membership
- 1Paragraph 1
- 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 Repealed
- 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 section 23
- 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 SECTION 57(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 Not yet in force
- Powers Not yet in force
- 1Paragraph 1 Not yet in force
- Constitutional requirements Not yet in force
- 2Paragraph 2 Not yet in force
- 3Paragraph 3 Not yet in force
- 4Paragraph 4 Not yet in force
- Third parties Not yet in force
- 5Paragraph 5 Not yet in force
- 6Paragraph 6 Not yet in force
- 7Paragraph 7 Not yet in force
- 8Paragraph 8 Not yet in force
- Duties Not yet in force
- 9Paragraph 9 Not yet in force
- 10Paragraph 10 Not yet in force
- Personal benefit and payments Not yet in force
- 11Paragraph 11 Not yet in force
- 12Paragraph 12 Not yet in force
- Procedure Not yet in force
- 13Paragraph 13 Not yet in force
- Amendment of constitution Not yet in force
- 14Paragraph 14 Not yet in force
- Registration and coming into effect of amendments Not yet in force
- 15Paragraph 15 Not yet in force
- Schedule 8: MINOR AND CONSEQUENTIAL AMENDMENTS
- The Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (c. 31) Not yet in force
- 1Paragraph 1 Not yet in force
- The Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24) Not yet in force
- 2Paragraph 2 Not yet in force
- The Administration of Estates (Northern Ireland) Order 1979 (NI 14) Not yet in force
- 3Paragraph 3 Not yet in force
- The Education and Libraries (Northern Ireland) Order 1986 (NI 3) Not yet in force
- 4Paragraph 4 Not yet in force
- The Companies (Northern Ireland) Order 1986 (NI 6) Not yet in force
- 5Paragraph 5 Not yet in force
- 6Paragraph 6 Not yet in force
- The Street Trading Act (Northern Ireland) 2001 (c. 8) Not yet in force
- 7Paragraph 7 Not yet in force
- 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 2)
- 10Paragraph 10
- The Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27)
- 11Paragraph 11
- The Pensions (Northern Ireland) Order 2005 (NI 1)
- 12Paragraph 12
- The Companies Act 2006 (c. 46)
- 13Paragraph 13
- Schedule 9REPEALS