The Charities (2008 Act) (Commencement No. 2) Order (Northern Ireland) 2009

Statutory Rules of Northern Ireland

2009 No. 324 (C. 22)

Charities

The Charities (2008 Act) (Commencement No. 2) Order (Northern Ireland) 2009

Made

22nd September 2009

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).

Citation and interpretation

1.—(1) This Order may be cited as the Charities (2008 Act) (Commencement No. 2) Order (Northern Ireland) 2009.

(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 day

2.  25th September 2009 is the day appointed for the coming into operation of—

(a) section 1 (meaning of “charity”);

(b) section 2 (meaning of “charitable purpose”);

(c) section 3 (the “public benefit” test);

(d) section 12 (1) and (2) (the Charity Tribunal for Northern Ireland);

(e) section 13(1) to (4) and (8) and (9) (practice and procedure); and

(f) Schedule 2 (the Charity Tribunal).

Sealed with the Official Seal of the Department for Social Development on 22nd September 2009

(L.S.)

Maeve Walls

A senior officer of the Department for Social Development

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into operation sections 1 to 3, 12(1) and (2), 13(1) to (4) and (8) and (9) of, and Schedule 2 to, the Charities Act (Northern Ireland) 2008 (“the Act”).

Section 1 outlines the meaning of “charity” under the Act. Sections 2 and 3 expand on the definition of “charity” given in section 1 and set out what is meant by “charitable purpose” and the “public benefit” test, respectively.

Section 12(1) and (2) and Schedule 2 make provision relating to the establishment of the Charity Tribunal for Northern Ireland (“the Tribunal”) while section 13(1) to (4) and (8) and (9) enable the Lord Chancellor to make rules regulating the exercise of the Tribunal’s functions.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

Provision	Date of Commencement	S.R. No.
Section 4	27th March 2009	2009 No. 138 (C. 8)
Sections 6 to 9	27th March 2009	2009 No. 138 (C. 8)
Section 10 (1) and (2)	27th March 2009	2009 No. 138 (C. 8)
Section 24	27th March 2009	2009 No. 138 (C. 8)
Section 179	27th March 2009	2009 No. 138 (C. 8)
Section 181	27th March 2009	2009 No. 138 (C. 8)
Section 182	27th March 2009	2009 No. 138 (C. 8)
Schedule 1	27th March 2009	2009 No. 138 (C. 8)

(1)

2008 c. 12 (N.I.)