Charities Act (Northern Ireland) 2008

[F1 Charities exempted under section 16A: consequential provision N.I.

16C.— (1) Regulations under section 16A may make provision consequential on, or supplemental or incidental to, the possibility of there being—

(a) not only charities that are registered (or required to be registered), but

(b) also charities that are not required to be registered.

(2) Provision included in regulations by virtue of subsection (1) may (in particular)—

(a) provide for a statutory provision that applies in relation to charities whether registered or not to apply only in relation to registered charities;

(b) provide for a statutory provision that applies in relation to charities whether registered or not to apply with modifications in relation to exempt charities;

(c) where a statutory provision is expressed to apply only in relation to, or by reference to, registered charities—

(i) provide for the statutory provision to apply, with or without modifications, also in relation to exempt charities or (as the case may be) also by reference to exempt charities;

(ii) make similar or corresponding provision applying in relation to, or by reference to, exempt charities.

(3) Provision under subsection (2)(b) or (c) may widen the circumstances in which an existing offence may be committed or (as the case may be) create a similar or corresponding offence for additional circumstances, but the penalties or maximum penalties for the widened or new offence may not be higher than those for the existing offence.

(4) In subsection (2) “exempt charities” means—

(a) charities exempted under section 16A,

(b) charities exempted under section 16A that are registered, or

(c) charities exempted under section 16A that are not registered.

(5) Subsections (1) to (4) are additional to, and do not limit the generality of, section 179(5) (power to include supplemental, incidental, consequential etc provision).]

Textual Amendments

F1 Ss. 16A-16C inserted (30.3.2022) by Charities Act (Northern Ireland) 2022 (c. 11), ss. 3(5), 4(2)