Search Legislation

Charities Act (Northern Ireland) 2008

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: SCHEDULE 5

 Help about opening options

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Charities Act (Northern Ireland) 2008. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Schedule 5:

Section 57(2).

SCHEDULE 5N.I.MEANING OF “CONNECTED PERSONS” FOR PURPOSES OF SECTION 57(2)

This schedule has no associated Explanatory Notes

Modifications etc. (not altering text)

C1Sch. 5 modified (in so far as it is applied by s. 89(6)) (18.2.2011) by Charities Act 2008 (Transitional Provision) Order (Northern Ireland) 2011 (S.R. 2011/12), art. 2, Sch.

1—(1) In section 57(2) “connected person”, in relation to a charity, means any person who falls within sub-paragraph (2)—N.I.

(a)at the time of the disposition in question, or

(b)at the time of any contract for the disposition in question.

(2) The persons falling within this sub-paragraph are—

(a)a charity trustee or trustee for the charity;

(b)a person who is the donor of any land to the charity (whether the gift was made on or after the establishment of the charity);

(c)a child, parent, grandchild, grandparent, brother or sister of any such trustee or donor;

(d)an officer, agent or employee of the charity;

(e)the spouse or civil partner of any person falling within any of heads (a) to (d);

(f)a person carrying on business in partnership with anyone falling within any of heads (a) to (e);

(g)an institution which is controlled—

(i)by any person falling within any of heads (a) to (f), or

(ii)by two or more such persons taken together; or

(h)a body corporate in which—

(i)any connected person falling within any of heads (a) to (g) has a substantial interest, or

(ii)two or more such persons, taken together, have a substantial interest.

Commencement Information

I1Sch. 5 para. 1 partly in operation; Sch. 5 para. 1 not in operation at Royal Assent see s. 185(1); Sch. 5 para. 1 in operation for certain purposes at 18.2.2011 by S.R. 2011/11, art. 2, Sch.

2—(1) In paragraph 1(2)(c) “child” includes a stepchild.N.I.

(2) For the purposes of paragraph 1(2)(e) a person living with another as that person's [F1spouse] shall be treated as that person's spouse.

F2(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I2Sch. 5 para. 2 partly in operation; Sch. 5 para. 2 not in operation at Royal Assent see s. 185(1); Sch. 5 para. 2 in operation for certain purposes at 18.2.2011 by S.R. 2011/11, art. 2, Sch.

3  For the purposes of paragraph 1(2)(g) a person controls an institution if that person is able to secure that the affairs of the institution are conducted in accordance with the wishes of that person.N.I.

Commencement Information

I3Sch. 5 para. 3 partly in operation; Sch. 5 para. 3 not in operation at Royal Assent see s. 185(1); Sch. 5 para. 3 in operation for certain purposes at 18.2.2011 by S.R. 2011/11, art. 2, Sch.

4—(1) For the purposes of paragraph 1(2)(h) any such connected person as is there mentioned has a substantial interest in a body corporate if the person or institution in question—N.I.

(a)is interested in shares comprised in the equity share capital of that body of a nominal value of more than one-fifth of that share capital, or

(b)is entitled to exercise, or control the exercise of, more than one-fifth of the voting power at any general meeting of that body.

(2) The rules set out in Schedule 1 to the Companies Act 2006 (c. 46) (rules for interpretation of certain provisions of that Act) shall apply for the purposes of sub-paragraph (1) as they apply for the purposes of section 254 of that Act (“connected persons” etc.).

(3) In this paragraph “equity share capital” and “share” have the same meaning as in that Act.

Commencement Information

I4Sch. 5 para. 4 partly in operation; Sch. 5 para. 4 not in operation at Royal Assent see s. 185(1); Sch. 5 para. 4 in operation for certain purposes at 18.2.2011 by S.R. 2011/11, art. 2, Sch.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources