UK Act of Parliament 2008 c. 12 Northern Ireland

Charities Act (Northern Ireland) 2008

An Act to provide for the establishment and functions of the Charity Commission for Northern Ireland and the Charity Tribunal for Northern Ireland; to make provision about the law of charities, including provision about charitable incorporated organisations; to make further provision about public charitable collections and other fund-raising carried on …

Status
In Force
Penalty ceiling
Imprisonment 7 of 74 obligations carry an unlimited fine. 9 carry different penalties and 58 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Trustee22 Any Person22 Trader3 Director or Officer1 Employer1 Employee1 Applicant1

Plus 23 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Trustee — also bound by 104 other Acts
Any Person — also bound by 2340 other Acts
Trader — also bound by 825 other Acts
Director or Officer — also bound by 429 other Acts
Employer — also bound by 682 other Acts
Employee — also bound by 189 other Acts
Applicant — also bound by 307 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

INTRODUCTORY

1 of 5 sections shown
Part 2

THE CHARITY COMMISSION FOR NORTHERN IRELAND

2 of 6 sections shown
s.009 The Commission's general duties (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Charity Commission must encourage charitable giving and voluntary workStatutory regulator
s.011 The official custodian for charities in Northern Ireland (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Official custodian must act as trustee for charities and manage property accordinglyStatutory regulator
4 other sections in this Part — procedural and definitional
Part 3

THE CHARITY TRIBUNAL FOR NORTHERN IRELAND

0 of 4 sections shown
Part 4

REGISTRATION OF CHARITIES AND CHARITABLE NAMES

5 of 9 sections shown
s.017 Duties of trustees in connection with registration (opens in a new tab) Regulated
  • Charity trustees must register and keep registration details up to dateTrustee
s.018 Effect of, and claims and objections to, registration (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Charity Commission must handle objections to registration and maintain suspense during appealsStatutory regulator
s.019 Status of registered charity to appear on official publications, etc. (opens in a new tab) Prosecution
  • Fail to show registered charity status on documentsAny Person

Fine up to £1,000

s.020 Power of Commission to require charity's name to be changed (opens in a new tab) Regulated
  • Comply with Charity Commission direction to change charity name and notify themTrustee
s.021 Effect of direction under section 20 where charity is a company (opens in a new tab) Regulated
  • Change charity name by resolution and notify Companies House when directedDirector or Officer
4 other sections in this Part — procedural and definitional
s.016 Power to set thresholds for exemption from registration
s.016 Charities exempted under section 16A: information
s.016 Charities exempted under section 16A: consequential provision
Part 5

INFORMATION POWERS

1 of 4 sections shown
Part 6

APPLICATION OF PROPERTY CY-PRÈS AND ASSISTANCE AND SUPERVISION OF CHARITIES BY COURT AND COMMISSION

6 of 32 sections shown
s.028 Application cy-près of gifts made in response to certain solicitations (opens in a new tab) Regulated
  • Inform donors and return property if charitable purposes failTrustee
s.029 Gifts for mixed purposes Regulated
Other duties (1) — Crown / regulator
  • Court or Commission must make a scheme for gifts of mixed charitable and non-charitable purposesStatutory regulator
s.033 Power to act for protection of charities (opens in a new tab) Prosecution
  • Contravene a Charity Commission protection orderAny Person

Unlimited fine

s.038 Copy of order under section 33, 34, 36 or 37, and Commission's reasons, to be sent to charity (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Charity Commission must send copy of order and reasons to charity or trusteesStatutory regulator
s.039 Publicity relating to schemes (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Charity Commission must publicise proposed charity schemes and consider representationsStatutory regulator
s.052 Power to enter premises (opens in a new tab) Imprisonment
  • Obstruct a charity premises entry warrantAny Person
26 other sections in this Part — procedural and definitional
Part 7

CHARITY LAND

2 of 6 sections shown
s.058 Supplementary provisions relating to dispositions (opens in a new tab) Regulated
  • State charity ownership and restriction status in land contractsTrustee
s.061 Supplementary provisions relating to mortgaging (opens in a new tab) Regulated
  • Include prescribed statements and certifications in charity mortgagesTrustee
4 other sections in this Part — procedural and definitional
Part 8

CHARITY ACCOUNTS, REPORTS AND RETURNS

5 of 10 sections shown
s.063 Duty to keep accounting records (opens in a new tab) Regulated
  • Keep accounting records and preserve them for 6 yearsTrustee
s.067 Duty of auditors, etc. to report matters to Commission (opens in a new tab) Regulated
  • Auditors must immediately report serious matters to the Charity CommissionAny Person
s.070 Annual returns by charities (opens in a new tab) Regulated
  • Prepare and send annual return to the Charity CommissionAny Person
s.071 Offences (opens in a new tab) Prosecution
  • Fail to comply with charity reporting dutiesAny Person

Fine up to £2,500

s.072 Group accounts (opens in a new tab) Regulated
  • Prepare and audit group accounts for parent charities with subsidiariesAny Person
5 other sections in this Part — procedural and definitional
Part 9

CHARITY TRUSTEES

7 of 22 sections shown
s.075 Applications for incorporation (opens in a new tab) Regulated
  • Submit written application for charity incorporation signed by trusteesTrustee
s.076 Nomination of trustees, and filling up vacancies (opens in a new tab) Regulated
  • Appoint trustees before incorporation and fill vacancies afterwardsTrustee
s.077 Liability of trustees and others, notwithstanding incorporation (opens in a new tab) Regulated
  • Trustees remain personally responsible despite charity incorporationTrustee
s.081 Enforcement of orders and directions (opens in a new tab) Regulated
  • Trustees must comply with conditions and directions in the charity's certificate of incorporationTrustee
s.087 Person acting as charity trustee while disqualified (opens in a new tab) Imprisonment
  • Act as charity trustee while disqualifiedAny Person
s.089 Supplementary provisions for purposes of section 88 (opens in a new tab) Regulated
  • Charity trustees must follow Charity Commission guidance on trustee remuneration agreementsTrustee
s.091 Power to relieve trustees, auditors, etc. from liability for breach of trust or duty (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Charity Commission can relieve trustees, auditors and examiners from personal liability for breaches they acted honestly and reasonably onStatutory regulator
15 other sections in this Part — procedural and definitional
Part 10

CHARITABLE COMPANIES

4 of 10 sections shown
s.099 Consent of Commission required for certain acts of charitable company (opens in a new tab) Regulated
  • Get Charity Commission consent for certain director transactionsTrader
s.100 Requirement to disclose charitable status (opens in a new tab) Prosecution
  • Disclose charitable status if your charity company name doesn't include 'charity' or 'charitable'Trader

Fine up to £1,000

s.103 Duty of charity's auditors, etc. to report matters to Commission (opens in a new tab) Regulated
  • Auditors of charitable companies must report matters to the Charity CommissionTrader
s.104 Investigation of accounts (opens in a new tab) Regulated
  • Cooperate with Commission-ordered audit of your charity's accountsTrustee
6 other sections in this Part — procedural and definitional
Part 11

CHARITABLE INCORPORATED ORGANISATIONS

8 of 18 sections shown
s.106 Constitution (opens in a new tab) Regulated
  • Ensure your CIO constitution includes required contentAny Person
s.107 Name and status (opens in a new tab) Prosecution
  • Display CIO name and status on all documents and premisesAny Person

Fine up to £1,000

s.110 Application for registration (opens in a new tab) Regulated
  • Supply required documents when applying to register a CIOApplicant
s.111 Effect of registration (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • CIO becomes a charity and a body corporate upon registrationStatutory regulator
s.113 Conversion: consideration of application (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Charity Commission must decide conversion applications after consultationStatutory regulator
s.114 Conversion: supplementary (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Charity Commission must register new CIO and send conversion documents to registrarStatutory regulator
s.117 Amalgamation: supplementary (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Commission must register new CIO after amalgamation and send copy of entryStatutory regulator
s.118 Transfer of (opens in a new tab) Regulated
  • Transfer your CIO's property, rights and liabilities to another CIOEmployer
10 other sections in this Part — procedural and definitional
Part 12

POWERS OF UNINCORPORATED CHARITIES

2 of 8 sections shown
Part 13

FUNDING OF CHARITABLE INSTITUTIONS

13 of 30 sections shown
s.134 Restrictions on conducting collections in a public place (opens in a new tab) Prosecution
  • Conduct a public collection without a certificate and permitAny Person

Unlimited fine

s.135 Restrictions on conducting door to door collections (opens in a new tab) Prosecution
  • Conduct unauthorised door-to-door collectionAny Person

Unlimited fine

s.138 Determination of applications and issue of certificates (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Charity Commission must determine public collections certificate applicationsStatutory regulator
s.143 Applications for permits to conduct public charitable collections (opens in a new tab) Regulated
  • Apply for a permit before conducting a public charitable collectionAny Person
s.144 Determination of applications and issue of permits (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Charity Commission must decide public collection permit applications within prescribed periodStatutory regulator
s.147 Appeals against decisions of Commission (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Commission must comply with court directions on appealStatutory regulator
s.149 Offences (opens in a new tab) Prosecution
  • Use unauthorised charity badge or provide false informationAny Person

Unlimited fine

s.150 Prohibition on professional fund-raiser, etc. raising funds for charitable institution without an agreement in prescribed form (opens in a new tab) Regulated
  • Professional fund-raisers and commercial participators must have a formal written agreementAny Person
s.151 Professional fund-raisers, etc. required to indicate institutions benefiting and arrangements for remuneration (opens in a new tab) Prosecution
  • Fail to clearly state charity details and fees when fundraisingAny Person

Unlimited fine

s.152 Other persons making appeals required to indicate institutions benefiting and arrangements for remuneration (opens in a new tab) Prosecution
  • Fail to disclose beneficiary charities and collector pay when fundraisingEmployee

Unlimited fine

s.156 False statements relating to institutions which are not registered charities (opens in a new tab) Prosecution
  • Solicit money claiming a non-registered institution is a registered charityAny Person

Unlimited fine

s.157 Regulations about fund-raising (opens in a new tab) Prosecution
  • Fail to comply with fund-raising regulationsAny Person

Fine up to £500

s.158 Reserve power to control fund-raising by charitable institutions (opens in a new tab) Prosecution
  • Fail to comply with charity fundraising regulationsAny Person

Fine up to £500

17 other sections in this Part — procedural and definitional
Part 14

MISCELLANEOUS AND SUPPLEMENTARY

5 of 26 sections shown
s.161 Register of charity mergers (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Charity Commission must maintain register of charity mergersStatutory regulator
s.162 Register of charity mergers: supplementary (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Charity Commission must maintain public register of charity mergersStatutory regulator
s.166 Designation, etc. of religious charities (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Charity Commission must assess religious charity designation applications against statutory conditionsStatutory regulator
s.167 Institutions which are not charities under the law of Northern Ireland (opens in a new tab) Regulated
  • Trustees must prepare annual financial statements and activity reportsTrustee
s.171 Supply by Commission of copies of documents open to public inspection (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Commission must supply copies of public inspection documents on requestStatutory regulator
21 other sections in this Part — procedural and definitional
Schedules

Schedules

13 of 85 shown
s.sch001 (1) The Commission shall, as soon as reasonably practicable after... Regulated
Other duties (1) — Crown / regulator
  • Charity Commission must submit annual report to DepartmentStatutory regulator
s.sch001 (1) The Commission shall keep accounts and financial records in... Regulated
Other duties (1) — Crown / regulator
  • Charity Commission must keep proper accounts and report annuallyStatutory regulator
s.sch002 (1) The functions of the Tribunal shall be exercised by... Regulated
Other duties (1) — Crown / regulator
  • Tribunal panels must sit as directed by the PresidentTribunal / Court
s.sch002 (1) The President shall make arrangements for determining which of... Regulated
Other duties (1) — Crown / regulator
  • President must arrange tribunal panel composition for each functionTribunal / Court
s.sch004 (1) This paragraph applies where a question which involves the... Regulated
Other duties (1) — Crown / regulator
  • Charity Commission must pause action on charity law view until Tribunal decidesStatutory regulator
s.sch006 (1) This paragraph applies where group accounts are prepared for... Regulated
  • Include report on subsidiary undertakings in annual reportTrustee
s.sch006 (1) The charity trustees— (a) of a parent charity, or... Regulated
  • Ensure accounting records allow group accounts to comply with regulationsTrustee
s.sch006 (1) This paragraph applies in relation to a financial year... Regulated
  • Prepare group accounts if you are a parent charityTrustee
s.sch006 (1) The charity trustees of a charity shall preserve any... Regulated
  • Charity trustees must keep group accounts for 6 yearsTrustee
s.sch007 A CIO shall use and apply its property in furtherance... Regulated
  • Use charity property only for its stated purposesAny Person
s.sch007 If the CIO is one whose members are liable to... Regulated
  • Observe the CIO's constitution as if it were a binding contractAny Person
s.sch007 Nothing in paragraph 5 absolves the CIO's charity trustees from... Regulated
  • Charity trustees must act within the CIO's constitutionTrustee
s.sch007 It is the duty of— (a) each member of a... Regulated
  • Act in good faith to further the CIO's charitable purposesTrustee
72 other schedules
s.sch001 The members of the Commission shall hold and vacate office...
s.sch001 (1) This paragraph applies where the Department—
s.sch001 The Commission shall not be regarded as the servant or...
s.sch001 In Part 2 of Schedule 1 to the Northern Ireland...
s.sch001 . . . . . . . . . ....
s.sch001 In Part 7 of Schedule 1 to the Freedom of...
s.sch001 (1) An appointment of a person to hold office as...
s.sch001 The Department may, with the approval of the Department of...
s.sch001 (1) The Commission may with the approval of the Department...
s.sch001 (1) The Commission may make arrangements with the Department for...
s.sch001 (1) Expenditure incurred by the Commission may be defrayed as...
s.sch001 (1) In determining its own procedure the Commission may, in...
s.sch001 (1) Anything authorised or required to be done by the...
s.sch002 (1) The Tribunal shall consist of the President and its...
s.sch002 The President may, subject to rules under section 13, give...
s.sch002 Until the commencement of section 5(1) of the Justice (Northern...
s.sch002 In Part 2 of Schedule 1 to the Northern Ireland...
s.sch002 The Lord Chief Justice may designate a legal member of...
s.sch002 (1) The members of the Tribunal shall hold and vacate...
s.sch002 (1) A person shall not hold office as a member...
s.sch002 The Department of Justice may pay to the members of...
s.sch002 The Department of Justice may make staff and facilities available...
s.sch002 (1) Decisions of the Tribunal may be taken by majority...
s.sch003 (1) Except in the case of a reviewable matter (see...
s.sch003 (1) Paragraph 1(4)(a) does not apply in relation to an...
s.sch003 (1) In this Schedule references to “reviewable matters” are to—...
s.sch003 (1) An application may be made to the Tribunal for...
s.sch003 References in column 3 of the Table to the power...
s.sch003 (1) The Department may by order— (a) amend or otherwise...
s.sch004 (1) A question which— (a) has arisen in connection with...
s.sch004 (1) A question which involves either— (a) the operation of...
s.sch004 (1) Sub-paragraph (2) applies if— (a) paragraph 3(2) prevents the...
s.sch004 (1) Paragraph 3(2) does not apply in relation to any...
s.sch004 (1) No appeal or application may be made to the...
s.sch004 In this Schedule “charity law” means— (a) any statutory provision...
s.sch005 (1) In section 57(2) “connected person”, in relation to a...
s.sch005 (1) In paragraph 1(2)(c) “child” includes a stepchild.
s.sch005 For the purposes of paragraph 1(2)(g) a person controls an...
s.sch005 (1) For the purposes of paragraph 1(2)(h) any such connected...
s.sch006 (1) This paragraph applies for the purposes of this Schedule....
s.sch006 In section 69(3), the reference to a charity's most recent...
s.sch006 (1) Section 71(1) applies in relation to a requirement within...
s.sch006 The Department may by regulations make provision for determining for...
s.sch006 (1) The requirement in paragraph 3(2) does not apply to...
s.sch006 (1) This paragraph applies where group accounts are prepared for...
s.sch006 (1) This paragraph applies where— (a) group accounts are prepared...
s.sch006 (1) Section 66(1) shall apply in relation to audits and...
s.sch006 (1) Section 67(2) to (5) and (7) shall apply in...
s.sch007 (1) Subject to anything in its constitution, a CIO has...
s.sch007 (1) Subject to any provision of a CIO's constitution permitted...
s.sch007 (1) A charity trustee of a CIO may not benefit...
s.sch007 A charity trustee of a CIO— (a) is entitled to...
s.sch007 (1) The Department may by regulations make provision about the...
s.sch007 (1) A CIO may by resolution of its members amend...
s.sch007 (1) A CIO shall send to the Commission a copy...
s.sch007 Money payable by a member to the CIO under the...
s.sch007 (1) Sub-paragraphs (2) and (3) are subject to sub-paragraph (4)....
s.sch007 (1) Nothing in paragraph 5 prevents a person from bringing...
s.sch007 Nothing in paragraph 5(3) affects any liability incurred by the...
s.sch008 (1) Section 5 of the Police, Factories, &c. (Miscellaneous Provisions)...
s.sch008 In Article 119(6) (religious denominations, charities, &c.) for “the Charities...
s.sch008 In section 63(1) (interpretation), for the definition of “Northern Ireland...
s.sch008 In Schedule 3 (disclosure for facilitating discharge of functions by...
s.sch008 (1) In section 21(2)(b) for “Article 9 of the Charities...
s.sch008 In section 38A(6) (power of registered societies to disapply section...
s.sch008 In Article 9 (grant of representation to trust corporation) in...
s.sch008 In Article 90(7) (teachers' residences provided, etc. by statutory loan...
s.sch008 In Article 217(10)(a) (interests to be disregarded), after “under” insert...
s.sch008 In Schedule 13 (provisions supplementing and interpreting Articles 332 to...
s.sch008 (1) Section 2(1) (activities which are not street trading) is...
s.sch008 In section 43(1) (interpretation), in the definition of “charitable trust”,...
s.sch008 In Schedule 1 (powers of seizure to which section 50...

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