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Statutory Rules of Northern Ireland
Charities
Made
29th May 2013
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).
1. This Order may be cited as the Charities (2008 Act) (Commencement No. 4) Order (Northern Ireland) 2013.
2. 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 Daly
A senior officer of the Department for Social Development
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 20(2) in so far as not already in operation | Power of Commission to require charity's name to be changed |
| Section 21(3) 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 27(4) | 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 96(5) | 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 125(6) | 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 171(7) | 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 |
| |
| |
| and section 184 in so far as it relates to those repeals |
(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.
(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) |
2008 c. 12 (N.I.)
Section 20(7) was repealed by Schedule 2 to the Charities Act (Northern Ireland) 2013 (c. 3 (N.I.))
Section 21 was amended by paragraph 5 of Schedule 1 to the Charities Act (Northern Ireland) 2013
Section 27 was amended by paragraph 7 of Schedule 1 to the Charities Act (Northern Ireland) 2013
Section 96 was amended by paragraph 19 of Schedule 1 to the Charities Act (Northern Ireland) 2013
Section 125 was amended by paragraph 22 of Schedule 1 to the Charities Act (Northern Ireland) 2013
Section 171 was amended by paragraph 6(1)(d) of Schedule 1 to the Charities Act (Northern Ireland) 2013
Article 9 was amended by paragraph 92(3)(a) and (b) of Schedule 1 to S.I. 2009/1941 and Articles 9B to 9BB were substituted for Article 9B by paragraph 5 of Schedule 3 to S.I. 2008/948
Section 24(1) was amended by Article 6(3) of the Charities (Northern Ireland) Order 1987