Charities Act (Northern Ireland) 2008
Charities Act (Northern Ireland) 2008 (2008 c. 12 (N.I.))
- Charities Act (Northern Ireland) 2008 (2008 c. 12 (N.I.))
- PART 1 INTRODUCTORY
- 1 Meaning of “charity”
- 2 Meaning of “charitable purpose”
- 3 The public benefit requirement
- 4 Guidance as to operation of public benefit requirement
- 5 Special provisions about recreational charities, sports clubs, etc.
- PART 2 THE CHARITY COMMISSION FOR NORTHERN IRELAND
- Establishment of the Commission
- 6 The Charity Commission for Northern Ireland
- The Commission's objectives, general functions, etc.
- 7 The Commission's objectives
- 8 The Commission's general functions
- 9 The Commission's general duties
- 10 The Commission's incidental powers
- The official custodian for charities in Northern Ireland
- 11 The official custodian for charities in Northern Ireland
- PART 3 THE CHARITY TRIBUNAL FOR NORTHERN IRELAND
- 12 The Charity Tribunal for Northern Ireland
- 13 Practice and procedure
- 14 Appeal from Tribunal
- 15 Intervention by Attorney General
- PART 4 REGISTRATION OF CHARITIES AND CHARITABLE NAMES
- The register of charities
- 16 Register of charities
- 16A Power to set thresholds for exemption from registration
- 16B Charities exempted under section 16A: information
- 16C Charities exempted under section 16A: consequential provision
- 17 Duties of trustees in connection with registration
- 18 Effect of, and claims and objections to, registration
- 19 Status of registered charity to appear on official publications, etc.
- Charity names
- 20 Power of Commission to require charity's name to be changed
- 21 Effect of direction under section 20 where charity is a company
- PART 5 INFORMATION POWERS
- 22 General power to institute inquiries
- 23 Power to call for documents and search records
- 24 Disclosure of information by and to the Commission
- 25 Supply of false or misleading information to Commission, etc.
- PART 6 APPLICATION OF PROPERTY CY-PRÈS AND ASSISTANCE AND SUPERVISION OF CHARITIES BY COURT AND COMMISSION
- Extended powers of Court and variation of charters
- 26 Occasions for applying property cy-près
- 27 Application cy-près of gifts of donors unknown or disclaiming
- 28 Application cy-près of gifts made in response to certain solicitations
- 29 Cy-près schemes
- 29A Gifts for mixed purposes
- 30 Charities governed by charter
- Powers of Commission to make schemes and act for protection of charities, etc.
- 31 Concurrent jurisdiction with High Court for certain purposes
- 32 Further powers to make schemes or alter application of charitable property
- 33 Power to act for protection of charities
- 34 Power to suspend or remove trustees, etc. from membership of charity
- 35 Supplementary provisions relating to interim manager appointed for a charity
- 36 Power to give specific directions for protection of charity
- 37 Power to direct application of charity property
- 38 Copy of order under section 33, 34, 36 or 37, and Commission's reasons, to be sent to charity
- 39 Publicity relating to schemes
- 40 Publicity for orders relating to trustees or other individuals
- Property vested in official custodian
- 41 Entrusting charity property to official custodian, and termination of trust
- 42 Supplementary provisions as to property vested in official custodian
- Establishment of common investment or deposit funds
- 43 Schemes to establish common investment funds
- 44 Schemes to establish common deposit funds
- 45 Meaning of “Scottish recognised body” and “England and Wales charity” in sections 43 and 44
- Additional powers of Commission
- 46 Power to authorise dealings with charity property, etc.
- 47 Power to authorise ex gratia payments, etc.
- 48 Power to give directions about dormant bank accounts of charities
- 49 Power to give advice and guidance
- 50 Power to determine membership of charity
- 51 Powers for preservation of charity documents
- 52 Power to enter premises
- Legal proceedings relating to charities
- 53 Proceedings by Commission
- 54 Proceedings by other persons
- 55 Report of section 22 inquiry to be evidence in certain proceedings
- Property held on behalf of English, Welsh and Scottish charities
- 56 Powers in relation to certain English, Welsh and Scottish charities
- PART 7 CHARITY LAND
- 57 Restriction on dispositions
- 58 Supplementary provisions relating to dispositions
- 59 Release of charity rentcharges
- 60 Restrictions on mortgaging
- 61 Supplementary provisions relating to mortgaging
- 62 Interpretation of Part 7
- PART 8 CHARITY ACCOUNTS, REPORTS AND RETURNS
- 63 Duty to keep accounting records
- 64 Annual statements of accounts
- 65 Annual audit or examination of charity accounts
- 66 Supplementary provisions relating to audits, etc.
- 67 Duty of auditors, etc. to report matters to Commission
- 68 Annual reports
- 69 Public inspection of annual reports, etc.
- 70 Annual returns by charities
- 71 Offences
- 72 Group accounts
- PART 9 CHARITY TRUSTEES
- CHAPTER 1 INCORPORATION OF CHARITY TRUSTEES
- 73 Incorporation of trustees of a charity
- 74 Estate to vest in body corporate
- 75 Applications for incorporation
- 76 Nomination of trustees, and filling up vacancies
- 77 Liability of trustees and others, notwithstanding incorporation
- 78 Certificate to be evidence of compliance with requirements for incorporation
- 79 Power of Commission to amend certificate of incorporation
- 80 Records of applications and certificates
- 81 Enforcement of orders and directions
- 82 Gifts to charity before incorporation to have same effect afterwards
- 83 Execution of documents by incorporated body
- 84 Power of Commission to dissolve incorporated body
- 85 Interpretation of Chapter 1
- CHAPTER 2 OTHER PROVISIONS RELATING TO CHARITY TRUSTEES
- 86 Persons disqualified for being trustees of a charity
- 87 Person acting as charity trustee while disqualified
- 88 Remuneration of trustees, etc. providing services to charity
- 89 Supplementary provisions for purposes of section 88
- 90 Disqualification of trustee receiving remuneration under section 88
- 91 Power to relieve trustees, auditors, etc. from liability for breach of trust or duty
- 92 Court's power to grant relief to apply to all auditors, etc. of charities which are not companies
- 93 Trustees' indemnity insurance
- 94 Trustees
- PART 10 CHARITABLE COMPANIES
- 95 Winding up
- 96 Alteration of objects ...
- 97 Invalidity of certain transactions
- 98 Consent of Commission required for approval etc by members of charitable companies
- 99 Consent of Commission required for certain acts of charitable company
- 100 Requirement to disclose charitable status
- 101 Civil consequences of failure to make required disclosure
- 102 Criminal consequences of failure to make required disclosure
- 103 Duty of charity's auditors, etc. to report matters to Commission
- 104 Investigation of accounts
- PART 11 CHARITABLE INCORPORATED ORGANISATIONS
- Nature and constitution
- 105 Nature and constitution
- 106 Constitution
- 107 Name and status
- 108 Civil consequences of failure to disclose name and status
- 109 Offences connected with name and status
- Registration
- 110 Application for registration
- 111 Effect of registration
- Conversion, amalgamation and transfer
- 112 Conversion of charitable company or registered society
- 113 Conversion: consideration of application
- 114 Conversion: supplementary
- 115 Conversion of community interest company
- 116 Amalgamation of CIOs
- 117 Amalgamation: supplementary
- 118 Transfer of CIO's undertaking
- Winding up, insolvency and dissolution
- 119 Regulations about winding up, insolvency and dissolution
- Miscellaneous
- 120 Power to transfer all property of unincorporated charity to one or more CIOs
- 121 Further provision about CIOs
- 122 Regulations
- PART 12 POWERS OF UNINCORPORATED CHARITIES
- Transfer of property
- 123 Power to transfer all property of unincorporated charity
- 124 Resolution not to take effect or to take effect at later date
- 125 Transfer where charity has permanent endowment
- Modification of purposes, powers or procedure
- 126 Power to replace purposes of unincorporated charity
- 127 Power to modify powers or procedures of unincorporated charity
- Spending of capital
- 128 Power of unincorporated charities to spend capital: general
- 129 Power of larger unincorporated charities to spend capital given for particular purpose
- 130 Power to spend capital subject to special trusts
- PART 13 FUNDING OF CHARITABLE INSTITUTIONS
- CHAPTER 1 PUBLIC CHARITABLE COLLECTIONS
- Preliminary
- 131 Regulation of public charitable collections
- 132 Charitable appeals that are not public charitable collections
- 133 Other definitions for purposes of this Chapter
- Restrictions on conducting collections
- 134 Restrictions on conducting collections in a public place
- 135 Restrictions on conducting door to door collections
- 136 Exemption for local, short-term collections
- Public collections certificates
- 137 Applications for certificates
- 138 Determination of applications and issue of certificates
- 139 Grounds for refusing to issue a certificate
- 140 Power to call for information and documents
- 141 Transfer of certificate between trustees of unincorporated charity
- 142 Withdrawal or variation, etc. of certificates
- Permits
- 143 Applications for permits to conduct public charitable collections
- 144 Determination of applications and issue of permits
- 145 Refusal of permits
- 146 Withdrawal or variation, etc. of permits
- 147 Appeals against decisions of Commission
- Supplementary
- 148 Regulations
- 149 Offences
- CHAPTER 2 CONTROL OF FUND-RAISING FOR CHARITABLE INSTITUTIONS
- Control of fund-raising
- 150 Prohibition on professional fund-raiser, etc. raising funds for charitable institution without an agreement in prescribed form
- 151 Professional fund-raisers, etc. required to indicate institutions benefiting and arrangements for remuneration
- 152 Other persons making appeals required to indicate institutions benefiting and arrangements for remuneration
- 153 Exclusion of lower-paid collectors from provisions of section 152
- 154 Cancellation of payments and agreements made in response to appeals
- 155 Right of charitable institution to prevent unauthorised fund-raising
- 156 False statements relating to institutions which are not registered charities
- Supplementary
- 157 Regulations about fund-raising
- 158 Reserve power to control fund-raising by charitable institutions
- Interpretation
- 159 Interpretation of Chapter 2
- CHAPTER 3 INTERPRETATION OF PART 13
- 160 Interpretation of Part 13
- PART 14 MISCELLANEOUS AND SUPPLEMENTARY
- Merger of charities
- 161 Register of charity mergers
- 162 Register of charity mergers: supplementary
- 163 Pre-merger vesting declarations
- 164 Effect of registering charity merger on gifts to transferor
- Religious charities
- 165 Application of Act in relation to designated religious charities
- 166 Designation, etc. of religious charities
- Institutions which are not charities under the law of Northern Ireland
- 167 Institutions which are not charities under the law of Northern Ireland
- Other matters
- 168 Manner of giving notice of charity meetings, etc.
- 169 Manner of executing documents
- 170 Transfer and evidence of title to property vested in trustees
- 171 Supply by Commission of copies of documents open to public inspection
- 172 Fees and other amounts payable to Commission
- 173 Enforcement of requirements by order of Commission
- 174 Enforcement of orders of Commission
- 175 Other provisions as to orders of Commission
- 176 Directions of the Commission
- 177 Miscellaneous provisions as to evidence
- 178 Restriction on institution of proceedings for certain offences
- Supplementary
- 179 Orders and regulations
- 180 General interpretation
- 181 Amendments reflecting changes in company law
- 182 Further provision
- 183 Minor and consequential amendments
- 184 Repeals
- 185 Commencement
- 186 Short title
- SCHEDULES
- SCHEDULE 1 THE CHARITY COMMISSION FOR NORTHERN IRELAND
- Terms of appointment
- Remuneration, etc.
- Staff
- Annual report
- Money
- Procedure
- Performance of functions by staff
- Power to transfer property
- Status
- The Northern Ireland Assembly Disqualification Act 1975 (c. 25)
- The Commissioner for Complaints (Northern Ireland) Order 1996 (NI 7)
- The Freedom of Information Act 2000 (c. 36)
- SCHEDULE 2 THE CHARITY TRIBUNAL
- Membership
- Terms of appointment
- Remuneration, etc.
- Staff and facilities
- Panels
- Practice and procedure
- Transitory provision
- The Northern Ireland Assembly Disqualification Act 1975 (c. 25)
- SCHEDULE 3 APPEALS AND APPLICATIONS TO TRIBUNAL
- Appeals: general
- Appeals: orders under section 23
- Reviewable matters
- Reviews
- Interpretation: remission of matters to Commission
- Power to amend Table, etc.
- SCHEDULE 4 REFERENCES TO THE TRIBUNAL
- References by the Commission
- References by Attorney General
- Powers of Commission in relation to matters referred to Tribunal
- Suspension of time limits while reference in progress
- Agreement for Commission to act while reference in progress
- Appeals and applications in respect of matters determined on references
- Interpretation
- SCHEDULE 5 MEANING OF “CONNECTED PERSONS” FOR PURPOSES OF SECTION 57(2)
- SCHEDULE 6 GROUP ACCOUNTS
- Interpretation
- Accounting records
- Preparation of group accounts
- Exceptions relating to requirement to prepare group accounts
- Preservation of group accounts
- Audit accounts of larger groups
- Examination of accounts of smaller groups
- Supplementary provisions relating to audits, etc.
- Duty of auditors, etc. to report matters to Commission
- Annual reports
- Public inspection of annual reports, etc.
- Offences
- Aggregate gross income
- SCHEDULE 7 FURTHER PROVISION ABOUT CHARITABLE INCORPORATED ORGANISATIONS
- Powers
- Constitutional requirements
- Third parties
- Duties
- Personal benefit and payments
- Procedure
- Amendment of constitution
- Registration and coming into effect of amendments
- SCHEDULE 8 MINOR AND CONSEQUENTIAL AMENDMENTS
- The Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (c. 31)
- The Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24)
- The Administration of Estates (Northern Ireland) Order 1979 (NI 14)
- The Education and Libraries (Northern Ireland) Order 1986 (NI 3)
- The Companies (Northern Ireland) Order 1986 (NI 6)
- The Street Trading Act (Northern Ireland) 2001 (c. 8)
- The Trustee Act (Northern Ireland) 2001 (c. 14)
- The Criminal Justice and Police Act 2001 (c. 16)
- The Housing (Northern Ireland) Order 2003 (NI 2)
- The Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27)
- The Pensions (Northern Ireland) Order 2005 (NI 1)
- The Companies Act 2006 (c. 46)
- SCHEDULE 9 REPEALS
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