2015 No. 383 (C. 34)

Charities

The Charities (2008 Act) (Commencement No. 7) Order (Northern Ireland) 2015

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.

Citation and interpretation1

1

This Order may be cited as the Charities (2008 Act) (Commencement No. 7) Order (Northern Ireland) 2015.

2

In this Order any reference to a numbered section or Schedule is a reference to a section of, or Schedule to, the Charities Act (Northern Ireland) 2008.

Appointed day2

1

The day appointed for the coming into operation of sections 64(6) (annual statements of accounts) and 65(10)(a) (annual audit or examination of charity accounts), for the purpose only of authorising the making of orders, is 28th November 2015.

2

The day appointed for the coming into operation of sections 68(1)(a) and (2) (annual reports) and 72 (group accounts) and paragraphs 3(3) to (5), 4(2) and (3), 6(2), 8(3), 10(2) and (3) and 13 of Schedule 6 (group accounts), for the purpose only of authorising the making of regulations, is 28th November 2015.

3

The day appointed for the coming into operation of the provisions specified in the Schedule is 1st January 2016.

Sealed with the Official Seal of the Department for Social Development on 27th November 2015

(L.S.)Chris HughesA senior officer of the Department for Social Development

SCHEDULEProvisions brought into operation on 1st January 2016

Article 2(3)

Provision of the Act

Subject matter

Section 63

Duty to keep accounting records

Section 64, in so far as not already in operation

Annual statements of accounts

Section 652, in so far as not already in operation

Annual audit or examination of charity accounts

Section 66, in so far as not already in operation

Supplementary provisions relating to audits, etc.

Section 67

Duty of auditors, etc. to report matters to Commission

Section 68, in so far as not already in operation

Annual reports

Section 69

Public inspection of annual reports, etc.

Section 71, in so far as not already in operation

Offences

Section 72

Group accounts

Section 913, in so far as not already in operation

Power to relieve trustees, auditors, etc. from liability for breach of trust or duty

Section 92(1) and (2)(a)

Court’s power to grant relief to apply to all auditors, etc. of charities which are not companies

Section 103

Duty of charity’s auditors, etc. to report matters to Commission

Section 104

Investigation of accounts

Section 174, in so far as it applies to section 66(2)

Enforcement of orders of Commission

Schedule 64, in so far as not already in operation

Group accounts

In Schedule 9 the repeal of section 14 of the Charities Act (Northern Ireland) 1964 and section 184 in so far as it relates to that repeal

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 charity accounts and reports. It also brings into operation an unrelated repeal.

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

2009 No. 138 (C. 8)

18th February 2011

2011 No. 11 (C. 1)

Sections 12 and 13 (partially)

25th September 2009

2009 No. 324 (C. 22)

18th February 2011

2011 No. 11 (C. 1)

Sections 14 and 15

18th February 2011

2011 No. 11 (C. 1)

Sections 16 to 19

24th June 2013

2013 No. 145 (C. 10)

Sections 20 and 21 (partially)

18th February 2011

2011 No. 11 (C. 1)

24th June 2013

2013 No. 145 (C.10)

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)

Section 25

18th February 2011

2011 No. 11 (C. 1)

Sections 26 to 30

24th June 2013

2013 No. 145 (C.10)

Sections 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 (partially)

18th February 2011

2011 No. 11 (C. 1)

Section 65 (partially)

18th February 2011

2011 No. 11 (C. 1)

(partially)

26th October 2015

2015 No. 361 (C. 32)

Section 66 (partially)

18th February 2011

2011 No. 11 (C. 1)

Section 68 (partially)

18th February 2011

2011 No. 11 (C. 1)

(partially)

1st April 2014

2014 No. 18 (C. 1)

Section 70 (partially)

18th February 2011

2011 No. 11 (C. 1)

1st April 2014

2014 No. 18 (C. 1)

Section 71 (partially)

1st April 2014

2014 No. 18 (C. 1)

Sections 86 to 90

18th February 2011

2011 No. 11 (C. 1)

Section 91 (partially)

24th June 2013

2013 No. 145 (C. 10)

Section 93

18th February 2011

2011 No. 11 (C. 1)

Sections 96, 98 to 102, 123 to 130 and 156

24th June 2013

2013 No. 145 (C. 10)

Sections 159 and 161 (partially)

24th June 2013

2013 No. 145 (C. 10)

Sections 162 to 166

24th June 2013

2013 No. 145 (C. 10)

Section 168

1st April 2014

2014 No. 18 (C. 1)

Section 169 (partially)

1st April 2014

2014 No. 18 (C. 1)

Section 170

1st April 2014

2014 No. 18 (C. 1)

Section 171

24th June 2013

2013 No. 145 (C. 10)

Sections 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)

(partially)

24th June 2013

2013 No. 145 (C. 10)

1st April 2014

2014 No. 18 (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)

Schedule 5 (partially)

18th February 2011

2011 No. 11 (C. 1)

Schedule 8 (partially)

18th February 2011

2011 No. 11 (C. 1)

(partially)

24th June 2013

2013 No. 145 (C. 10)

Schedule 9 (partially)

24th June 2013

2013 No. 145 (C. 10)