2013 No. 145 (C. 10)

Charities

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

Made

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) 20081.

Citation1

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

Appointed day2

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 DalyA senior officer of the Department for Social Development

SCHEDULEProvisions brought into operation on 24th June 2013

Article 2

Provision of the Act

Subject matter

Section 16

Register of charities

Section 17

Duties of trustees in connection with registration

Section 18

Effect of, and claims and objections to, registration

Section 19

Status of registered charity to appear on official publications, etc.

Section 202 in so far as not already in operation

Power of Commission to require charity’s name to be changed

Section 213 in so far as not already in operation

Effect of direction under section 20 where charity is a company

Section 26

Occasions for applying property cy-près

Section 274

Application cy-près of gifts of donors unknown or disclaiming

Section 28

Application cy-près of gifts made in response to certain solicitations

Section 29

Cy-près schemes

Section 30

Charities 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 965

Alteration of objects

Section 98

Consent of Commission required for approval etc by members of charitable companies

Section 99

Consent of Commission required for certain acts of charitable company

Section 100

Requirement to disclose charitable status

Section 101

Civil consequences of failure to make required disclosure

Section 102

Criminal consequences of failure to make required disclosure

Section 123

Power to transfer all property of unincorporated charity

Section 124

Resolution not to take effect or to take effect at later date

Section 1256

Transfer where charity has permanent endowment

Section 126

Power to replace purposes of unincorporated charity

Section 127

Power to modify powers or procedures of unincorporated charity

Section 128

Power of unincorporated charities to spend capital: general

Section 129

Power of larger unincorporated charities to spend capital given for particular purpose

Section 130

Power to spend capital subject to special trusts

Section 156

False 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 162

Register of charity mergers: supplementary

Section 163

Pre-merger vesting declarations

Section 164

Effect of registering charity merger on gifts to transferor

Section 165

Application of Act in relation to designated religious charities

Section 166

Designation, etc. of religious charities

Section 1717

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 paragraphs

Minor 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 9BB8;

  • the Charities Act (Northern Ireland) 1964 in so far as it relates to sections 1, 5, 13 and 22 to 249

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 3

25th September 2009

2009 No. 324 (C. 22)

Section 4

27th March 2009

2009 No. 138 (C. 8)

Section 5

18th February 2011

2011 No. 11 (C. 1)

Sections 6 to 9

27th March 2009

2009 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 15

18th February 2011

2011 No. 11 (C. 1)

Sections 20 and 21 (partially)

18th February 2011

2011 No. 11 (C. 1)

Section 22

18th February 2011

2011 No. 11 (C. 1)

Section 23 (partially)

18th February 2011

2011 No. 11 (C. 1)

Section 24

27th March 2009

2009 No. 138 (C. 8)

Sections 25, 31 and 32

18th February 2011

2011 No. 11 (C. 1)

Section 33 (partially)

18th February 2011

2011 No. 11 (C. 1)

Sections 34 to 39

18th February 2011

2011 No. 11 (C. 1)

Section 40 (partially)

18th February 2011

2011 No. 11 (C. 1)

Sections 46 to 50

18th February 2011

2011 No. 11 (C. 1)

Section 51 (partially)

18th February 2011

2011 No. 11 (C. 1)

Sections 52 to 56

18th February 2011

2011 No. 11 (C. 1)

Sections 64 to 66, 68 and 70 (partially)

18th February 2011

2011 No. 11 (C. 1)

Sections 86 to 90, 93,172 and 173

18th February 2011

2011 No. 11 (C. 1)

Section 174 (partially)

18th February 2011

2011 No. 11 (C. 1)

Sections 175 to 177

18th February 2011

2011 No. 11 (C. 1)

Section 178 (partially)

18th February 2011

2011 No. 11 (C. 1)

Sections 179, 181 and 182

27th March 2009

2009 No. 138 (C. 8)

Schedule 1

27th March 2009

2009 No. 138 (C. 8)

Schedule 2

25th September 2009

2009 No. 324 (C. 22)

Schedule 3 (partially)

18th February 2011

2011 No. 11 (C. 1)

Schedule 4

18th February 2011

2011 No. 11 (C. 1)

Schedules 5 and 8 (partially)

18th February 2011

2011 No. 11 (C. 1)