Statutory Rules of Northern Ireland
2011 No. 11 (C. 1)
Charities
The Charities (2008 Act) (Commencement No. 3) Order (Northern Ireland) 2011
Made
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
(L.S.)
Maeve Walls
A senior officer of the Department for Social Development
Article 2
SCHEDULEProvisions brought into operation on 18th February 2011
| Provision of the Act | Subject matter |
|---|---|
| Section 5 | Special 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 14 | Appeal from Tribunal |
| Section 15 | Intervention 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 22 | General 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 25 | Supply of false or misleading information to Commission, etc. |
| Section 31 | Concurrent jurisdiction with High Court for certain purposes |
| Section 32 | Further 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 34 | Power to suspend or remove trustees, etc. from membership of charity |
| Section 35 | Supplementary provisions relating to interim manager appointed for a charity |
| Section 36 | Power to give specific directions for protection of charity |
| Section 37 | Power to direct application of charity property |
| Section 38 | Copy of order under section 33,34, 36 or 37, and Commission’s reasons, to be sent to charity |
| Section 39 | Publicity relating to schemes |
| Section 40 (except subsection (1)(a) | Publicity for orders relating to trustees or other individuals |
| Section 46 | Power to authorise dealings with charity property, etc. |
| Section 47 | Power to authorise ex gratia payments, etc. |
| Section 48 | Power to give directions about dormant bank accounts of charities |
| Section 49 | Power to give advice and guidance |
| Section 50 | Power 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 52 | Power to enter premises |
| Section 53 | Proceedings by Commission |
| Section 54 | Proceedings by other persons |
| Section 55 | Report of section 22 inquiry to be evidence in certain proceedings |
| Section 56 | Powers 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 86 | Persons disqualified for being trustees of a charity |
| Section 87 | Persons acting as charity trustee while disqualified |
| Section 88 | Remuneration of trustees, etc. providing services to charity |
| Section 89 | Supplementary provisions for purposes of section 88 |
| Section 90 | Disqualification of trustee receiving remuneration under section 88 |
| Section 93 | Trustees’ indemnity insurance |
| Section 172 | Fees and other amounts payable to Commission |
| Section 173 | Enforcement 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 175 | Other provisions as to orders of Commission |
| Section 176 | Directions of the Commission |
| Section 177 | Miscellaneous 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 4 | Reference 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 |
EXPLANATORY NOTE
(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.
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 3 | 25th September 2009 | 2009/324 (C.22) |
| Section 4 | 27th March 2009 | 2009/138 (C.8) |
| Sections 6 to 9 | 27th March 2009 | 2009/138 (C.8) |
| Section 10(1) and (2) | 27th March 2009 | 2009/138 (C.8) |
| Section 12(1) and (2) | 25th September 2009 | 2009/324 (C.22) |
| Section 13(1) to (4), (8) and (9) | 25th September 2009 | 2009/324 (C.22) |
| Section 24 | 27th March 2009 | 2009/138 (C.8) |
| Section 179 | 27th March 2009 | 2009/138 (C.8) |
| Sections 181 and 182 | 27th March 2009 | 2009/138 (C.8) |
| Schedule 1 | 27th March 2009 | 2009/138 (C.8) |
| Schedule 2 | 25th September 2009 | 2009/324 (C.22) |