The Charities (2008 Act) (Commencement No. 1) Order (Northern Ireland) 2009

Statutory Rules of Northern Ireland

2009 No. 138 (C. 8)

Charities

The Charities (2008 Act) (Commencement No. 1) Order (Northern Ireland) 2009

Made

26th March 2009

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. 1) Order (Northern Ireland) 2009.

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 27th March 2009.

Sealed with the Official Seal of the Department for Social Development on 26th March 2009

(L.S.)

Maeve Walls

A senior officer of the Department for Social Development

Article 2

SCHEDULE Provisions brought into operation on 27th March 2009

Provision of the Act	Subject matter
Section 4	Guidance as to operation of public benefit requirement
Section 6	Establishment of the Charity Commission for Northern Ireland
Section 7	The Commission’s objectives
Section 8	The Commission’s general functions
Section 9	The Commission’s general duties
Section 10 (1) and (2)	The Commission’s incidental powers
Section 24	Disclosure of information by and to the Commission
Section 179	Orders and regulations
Section 181	Amendments reflecting changes in company law
Section 182	Further provision
Schedule 1	The Charity Commission for Northern Ireland

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into operation sections 4, 6 to10 (except section 10(3)), 24, 179, 181, 182 of and Schedule 1 to, the Charities Act (Northern Ireland) 2008 (“the Act”).

Sections 6 to 10(1) and (2) and Schedule 1 make provision relating to the establishment of the Charity Commission for Northern Ireland (“the Commission”). Section 4 enables the Commission to issue guidance on the public benefit test which is one of two conditions institutions must satisfy in order to be recognised as a charity under the Act.

Section 24(1) provides for the disclosure and exchange of information by the Commission. Section 179 specifies conditions for the exercise of legislation-making powers under the Act. Section 181 enables the Department to amend the Act to reflect further changes in company law. Section 182 confers a general power on the Department to make such legislation as required to give full effect to the provisions of the Act.

(1)

2008 c. 12 (N.I.)