2009 No. 138 (C. 8)

Charities

The Charities (2008 Act) (Commencement No. 1) Order (Northern Ireland) 2009

Made

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) 20081.

Citation1

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

Appointed day2

The day appointed for the coming into operation of the provisions of the Charities Act (Northern Ireland) 2008 specified in the Schedule is 27th March 2009.

Sealed with the Official Seal of the Department for Social Development on 26th March 2009

(L.S.)Maeve WallsA senior officer of the Department for Social Development

SCHEDULEProvisions brought into operation on 27th March 2009

Article 2

Provision of the Act

Subject matter

Section 4

Guidance as to operation of public benefit requirement

Section 6

Establishment of the Charity Commission for Northern Ireland

Section 7

The Commission’s objectives

Section 8

The Commission’s general functions

Section 9

The Commission’s general duties

Section 10 (1) and (2)

The Commission’s incidental powers

Section 24

Disclosure of information by and to the Commission

Section 179

Orders and regulations

Section 181

Amendments reflecting changes in company law

Section 182

Further provision

Schedule 1

The Charity Commission for Northern Ireland

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into operation sections 4, 6 to10 (except section 10(3)), 24, 179, 181, 182 of and Schedule 1 to, the Charities Act (Northern Ireland) 2008 (“the Act”).

Sections 6 to 10(1) and (2) and Schedule 1 make provision relating to the establishment of the Charity Commission for Northern Ireland (“the Commission”). Section 4 enables the Commission to issue guidance on the public benefit test which is one of two conditions institutions must satisfy in order to be recognised as a charity under the Act.

Section 24(1) provides for the disclosure and exchange of information by the Commission. Section 179 specifies conditions for the exercise of legislation-making powers under the Act. Section 181 enables the Department to amend the Act to reflect further changes in company law. Section 182 confers a general power on the Department to make such legislation as required to give full effect to the provisions of the Act.