Report on the Charities Bill

NIA 68/11-15, Third Report Together with the Minutes of Proceedings and Minutes of Evidence

Author:

Northern Ireland Assembly - Committee for Social Development

Publisher:

TSO (The Stationery Office)

'Report on the Charities Bill (NIA 68/11-15)' examines the overall purpose of the Charities Bill, designed to amend the public benefit provision of the Charities Act (Northern Ireland) 2008 to provide clarity on the requirement to be met in determining whether an institution is, or is not, a charity within the meaning of that Act.

The opinion was that the provision in 'section 3' of that Act ('the public benefit test') created legal uncertainty arising from the inclusion of an element of the Scottish Charities and Trustee Investment (Scotland) Act 2008.

The Bill introduces provision to:

• amend 'section 3' of the 2008 Act by removing the provision taken from the Scottish Act and making provision for the determination of the public benefit requirement to be based on the law relating to charities in Northern Ireland;

• provide a legislative vehicle for a number of other outstanding amendments to the 2008 Act;

• amend company law references to reflect changes made under the Companies Act 2006 since the 2008 Act was enacted;

• transfer functions which are of a regulatory nature, but which still remain within the Department's jurisdiction, to that of the Charity Commission for Northern Ireland (CCNI); and

• re-enact provision in the Charities Act (Northern Ireland) 1964 that was repealed by the 2008 Act but which on reconsideration is believed to be a worthwhile mechanism for saving a charitable gift that would otherwise fail.

The Committee noted that the Bill will introduce regulation making powers and looks forward to receiving and scrutinising proposals for these regulations in due course.

Extent	102 pages	ISBN	9780339604445
Size	A4	Price	£14.00
Format	Paperback	Published	30 Oct 2012
Availability	Out of Print: but may be available to order	Delivery	Delivery options and charges