Statutory Rules of Northern Ireland

2011 No. 11 (C. 1)


The Charities (2008 Act) (Commencement No. 3) Order (Northern Ireland) 2011


21st January 2011

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 and interpretation

1.—(1) This Order may be cited as the Charities (2008 Act) (Commencement No. 3) Order (Northern Ireland) 2011.

(2) In this Order “the Act” means the Charities Act (Northern Ireland) 2008.

Appointed day

2.  The day appointed for the coming into operation of the provisions of the Act specified in the Schedule is 18th February 2011.

Sealed with the Official Seal of the Department for Social Development on 21st January 2011


Maeve Walls

A senior officer of the Department for Social Development

Article 2

SCHEDULEProvisions brought into operation on 18th February 2011

Provision of the ActSubject matter
Section 5Special provisions about recreational charities, etc
Section 10(3)The Commission’s incidental powers
Section 12(3) and (4)The Charity Tribunal for Northern Ireland
Section 13(5) to (7)Practice and procedure
Section 14Appeal from Tribunal
Section 15Intervention by Attorney General
Section 20(1), (2)(b)-(e), (4), (6) and (8)Power of Commission to require charity’s name to be changed
Section 21(1) and (2)Effect of direction under section 20 where charity is a company
Section 22General power to institute inquiries
Section 23(1) to (4) (except in so far as it relates to the official custodian)Power to call for documents and search records
Section 25Supply of false or misleading information to Commission, etc.
Section 31Concurrent jurisdiction with High Court for certain purposes
Section 32Further powers to make schemes or alter application of charitable property
Section 33 (except subsection (1)(b) (iii))Power to act for protection of charities
Section 34Power to suspend or remove trustees, etc. from membership of charity
Section 35Supplementary provisions relating to interim manager appointed for a charity
Section 36Power to give specific directions for protection of charity
Section 37Power to direct application of charity property
Section 38Copy of order under section 33,34, 36 or 37, and Commission’s reasons, to be sent to charity
Section 39Publicity relating to schemes
Section 40 (except subsection (1)(a)Publicity for orders relating to trustees or other individuals
Section 46Power to authorise dealings with charity property, etc.
Section 47Power to authorise ex gratia payments, etc.
Section 48Power to give directions about dormant bank accounts of charities
Section 49Power to give advice and guidance
Section 50Power to determine membership of charity
Section 51(3) to (5) (in so far as subsections (3) and (4) are applied by subsection (5))Powers for preservation of charity documents
Section 52Power to enter premises
Section 53Proceedings by Commission
Section 54Proceedings by other persons
Section 55Report of section 22 inquiry to be evidence in certain proceedings
Section 56Powers in relation to certain English, Welsh and Scottish charities
Section 64(1) and (2) (for the purposes of making regulations only)Annual statements of accounts
Section 65(10)(b) (for the purposes of amending subsection (4) only)Annual audit or examination of charity accounts
Section 66(1) (for the purposes of making regulations only)Supplementary provisions relating to audits, etc.
Section 68(1)(b) (for the purposes of making regulations only)Annual reports
Section 70(1) (for the purposes of making regulations only)Annual returns by charities
Section 86Persons disqualified for being trustees of a charity
Section 87Persons acting as charity trustee while disqualified
Section 88Remuneration of trustees, etc. providing services to charity
Section 89Supplementary provisions for purposes of section 88
Section 90Disqualification of trustee receiving remuneration under section 88
Section 93Trustees’ indemnity insurance
Section 172Fees and other amounts payable to Commission
Section 173Enforcement of requirements by order of Commission
Section 174 (except in so far as it applies to sections 33(1)(b)(iii), 66(2) and 84)Enforcement of orders of Commission
Section 175Other provisions as to orders of Commission
Section 176Directions of the Commission
Section 177Miscellaneous provisions as to evidence
Section 178 (except subsection (2)(a) and (d)Restriction on institution of proceedings for certain offences
Schedule 3 (except in so far as paragraph 2(2)(b) relates to the official custodian)Appeals and applications to Tribunal
Schedule 4Reference to the Tribunal
Schedule 5 (in so far as it is applied by section 89(6))Meaning of “connected person” for purposes of section 57(2)
Schedule 8, paragraphs 9 and 13(3), (4) and (5)Minor and consequential amendments


(This note is not part of the Order)

This Order brings into operation provisions of the Charities Act (Northern Ireland) 2008 which confer regulatory, investigatory and enforcement powers on the Charity Commission for Northern Ireland (“the Commission”). The Order also commences provisions relating to recreational charities and sports clubs as well as all provisions relating to the Charity Tribunal for Northern Ireland which have not yet been commenced.


(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.

ProvisionDate of CommencementS.R. No.
Sections 1 to 325th September 20092009/324 (C.22)
Section 427th March 20092009/138 (C.8)
Sections 6 to 927th March 20092009/138 (C.8)
Section 10(1) and (2)27th March 20092009/138 (C.8)
Section 12(1) and (2)25th September 20092009/324 (C.22)
Section 13(1) to (4), (8) and (9)25th September 20092009/324 (C.22)
Section 2427th March 20092009/138 (C.8)
Section 17927th March 20092009/138 (C.8)
Sections 181 and 18227th March 20092009/138 (C.8)
Schedule 127th March 20092009/138 (C.8)
Schedule 225th September 20092009/324 (C.22)