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Statutory Rules of Northern Ireland

2013 No. 145 (C. 10)

Charities

The Charities (2008 Act) (Commencement No. 4) Order (Northern Ireland) 2013

Made

29th May 2013

The Department for Social Development makes the following Order in exercise of the powers conferred by section 185(1) of the Charities Act (Northern Ireland) 2008(1).

Citation

1.  This Order may be cited as the Charities (2008 Act) (Commencement No. 4) Order (Northern Ireland) 2013.

Appointed day

2.  The day appointed for the coming into operation of the provisions of the Charities Act (Northern Ireland) 2008 specified in the Schedule is 24th June 2013.

Sealed with the Official Seal of the Department for Social Development on 29th May 2013

(L.S.)

Michael Daly

A senior officer of the Department for Social Development

Article 2

SCHEDULEProvisions brought into operation on 24th June 2013

Provision of the ActSubject matter
Section 16Register of charities
Section 17Duties of trustees in connection with registration
Section 18Effect of, and claims and objections to, registration
Section 19Status of registered charity to appear on official publications, etc.
Section 20(2) in so far as not already in operationPower of Commission to require charity’s name to be changed
Section 21(3) in so far as not already in operationEffect of direction under section 20 where charity is a company
Section 26Occasions for applying property cy-près
Section 27(4)Application cy-près of gifts of donors unknown or disclaiming
Section 28Application cy-près of gifts made in response to certain solicitations
Section 29Cy-près schemes
Section 30Charities governed by charter
Section 91(1)(a), (2) (in so far as it relates to paragraph (a) of subsection (1)), (3), (4) and (6)(a)Power to relieve trustees, auditors, etc. from liability for breach of trust or duty
Section 96(5)Alteration of objects
Section 98Consent of Commission required for approval etc by members of charitable companies
Section 99Consent of Commission required for certain acts of charitable company
Section 100Requirement to disclose charitable status
Section 101Civil consequences of failure to make required disclosure
Section 102Criminal consequences of failure to make required disclosure
Section 123Power to transfer all property of unincorporated charity
Section 124Resolution not to take effect or to take effect at later date
Section 125(6)Transfer where charity has permanent endowment
Section 126Power to replace purposes of unincorporated charity
Section 127Power to modify powers or procedures of unincorporated charity
Section 128Power of unincorporated charities to spend capital: general
Section 129Power of larger unincorporated charities to spend capital given for particular purpose
Section 130Power to spend capital subject to special trusts
Section 156False statements relating to institutions which are not registered charities
Section 159(1) and (6) (in so far as it relates to section 156)Interpretation of Chapter 2
Section 161 (except subsection (11))Register of charity mergers
Section 162Register of charity mergers: supplementary
Section 163Pre-merger vesting declarations
Section 164Effect of registering charity merger on gifts to transferor
Section 165Application of Act in relation to designated religious charities
Section 166Designation, etc. of religious charities
Section 171(7)Supply by Commission of copies of documents open to public inspection
Section 178(2)(a)Restriction on institution of proceedings for certain offences
Schedule 8, paragraphs 8, 10, 11, 12(b) and 13(1) and (2) and section 183 in so far as it relates to those paragraphsMinor and consequential amendments
In Schedule 9 the repeal of—Repeals
  • the Charities (Northern Ireland) Order 1987 in so far as it relates to Articles 3 to 5, 9 and 9B to 9BB(8);

  • the Charities Act (Northern Ireland) 1964 in so far as it relates to sections 1, 5, 13 and 22 to 24(9)

and section 184 in so far as it relates to those repeals

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into operation provisions of the Charities Act (Northern Ireland) 2008 relating to the establishment and maintenance of a register of charities.

The Order also commences provisions relating to charity names, application of property cy-près, charities governed by Royal charter, relief of trustees from liability, alteration of objects and certain other consents required from the Commission by incorporated charities, requirement to disclose charitable status, powers of unincorporated charities, false statements concerning institutions which are not registered charities, charity mergers, designated religious charities, supply of documents open to public inspection and a restriction on the institution of proceedings for certain offences.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Charities Act (Northern Ireland) 2008 have been brought into operation by earlier commencement orders as from the dates shown.

Provision

Date of Commencement

S.R. No.

Sections 1 to 325th September 20092009 No. 324 (C. 22)
Section 427th March 20092009 No. 138 (C. 8)
Section 518th February 20112011 No. 11 (C. 1)
Sections 6 to 927th March 20092009 No. 138 (C. 8)
Section 10 (partially)

27th March 2009

18th February 2011

2009 No. 138 (C. 8)

2011 No. 11 (C. 1)

Sections 12 and 13 (partially)

25th September 2009

18th February 2011

2009 No. 324 (C. 22)

2011 No. 11 (C. 1)

Sections 14 and 1518th February 20112011 No. 11 (C. 1)
Sections 20 and 21 (partially)18th February 20112011 No. 11 (C. 1)
Section 2218th February 20112011 No. 11 (C. 1)
Section 23 (partially)18th February 20112011 No. 11 (C. 1)
Section 2427th March 20092009 No. 138 (C. 8)
Sections 25, 31 and 3218th February 20112011 No. 11 (C. 1)
Section 33 (partially)18th February 20112011 No. 11 (C. 1)
Sections 34 to 3918th February 20112011 No. 11 (C. 1)
Section 40 (partially)18th February 20112011 No. 11 (C. 1)
Sections 46 to 5018th February 20112011 No. 11 (C. 1)
Section 51 (partially)18th February 20112011 No. 11 (C. 1)
Sections 52 to 5618th February 20112011 No. 11 (C. 1)
Sections 64 to 66, 68 and 70 (partially)18th February 20112011 No. 11 (C. 1)
Sections 86 to 90, 93,172 and 17318th February 20112011 No. 11 (C. 1)
Section 174 (partially)18th February 20112011 No. 11 (C. 1)
Sections 175 to 17718th February 20112011 No. 11 (C. 1)
Section 178 (partially)18th February 20112011 No. 11 (C. 1)
Sections 179, 181 and 18227th March 20092009 No. 138 (C. 8)
Schedule 127th March 20092009 No. 138 (C. 8)
Schedule 225th September 20092009 No. 324 (C. 22)
Schedule 3 (partially)18th February 20112011 No. 11 (C. 1)
Schedule 418th February 20112011 No. 11 (C. 1)
Schedules 5 and 8 (partially)18th February 20112011 No. 11 (C. 1)
(2)

Section 20(7) was repealed by Schedule 2 to the Charities Act (Northern Ireland) 2013 (c. 3 (N.I.))

(3)

Section 21 was amended by paragraph 5 of Schedule 1 to the Charities Act (Northern Ireland) 2013

(4)

Section 27 was amended by paragraph 7 of Schedule 1 to the Charities Act (Northern Ireland) 2013

(5)

Section 96 was amended by paragraph 19 of Schedule 1 to the Charities Act (Northern Ireland) 2013

(6)

Section 125 was amended by paragraph 22 of Schedule 1 to the Charities Act (Northern Ireland) 2013

(7)

Section 171 was amended by paragraph 6(1)(d) of Schedule 1 to the Charities Act (Northern Ireland) 2013

(8)

Article 9 was amended by paragraph 92(3)(a) and (b) of Schedule 1 to S.I. 2009/1941 and Articles 9B to 9BB were substituted for Article 9B by paragraph 5 of Schedule 3 to S.I. 2008/948

(9)

Section 24(1) was amended by Article 6(3) of the Charities (Northern Ireland) Order 1987