Charities Act (Northern Ireland) 2022
| Jurisdiction | Northern Ireland |
| Citation | 2022 NI c 11 |
it was made or done, or purported to be made or done, in connection with the exercise or discharge of any of the Commission’s functions, andthe persons by whom it could lawfully be made or done did not include members of the Commission’s staff acting in their capacity as such.(2) Every relevant action is to be treated as, and as always having been, a decision made or thing done by the Commission (subject to subsections (3) to (6) ) .(3) Subsection (2) does not alter the outcome of court or tribunal proceedings finally decided before the end of the day on which this Act receives Royal Assent.court or tribunal proceedings are pending, andon the ground that the persons by whom it could lawfully be made or done did not include members of the Commission’s staff acting in their capacity as such, oron grounds which include that ground,a decision, or purported decision, that an inquiry report be published,publishing an inquiry report or causing an inquiry report to be published,the giving of a direction purporting to be under section 22(3) of the 2008 Act,a decision, or purported decision, to give a direction under that provision,administering an oath, or requiring the making and subscription of a declaration of truth, under section 22(4) of the 2008 Act,the making, or purported making, of an order purporting to be under section 23(1) of the 2008 Act,a decision, or purported decision, to make an order under that provision,a disclosure of information under, or purporting to be under, section 24(1) of the 2008 Act,a decision, or purported decision, to disclose information under that provision,the making, or purported making, of an order purporting to be under any of sections 33 to 36 of the 2008 Act, ora decision, or purported decision, to make an order under any of those sections.(6) Subsection (2) does not apply to a relevant action if in its place, and in the period beginning with the date of the relevant action and ending with the day on which this Act receives Royal Assent, a fresh decision or thing has been made or done by the Commission or by a committee established under paragraph 9 of Schedule 1 to the 2008 Act.subsection (2) applies to a relevant action, andthe relevant action is one mentioned in column 1 of the Table in Schedule 3 to the 2008 Act (actions where there is a right of appeal or review) ,that rule 17(2) (time limit for initiating appeal or review) is to be read as if it provided that an appeal notice under rule 17(1) must be filed within 91 days of the end of the day on which this Act receives Royal Assent, andthat rule 17(3) (i) (iii) and (iv) are to be read as referring instead to the fact that the appeal or application is brought by virtue of subsection (7) .if the charity was lawfully added to that register in the period beginning with its purported registration and ending with the day on which this Act receives Royal Assent, means a financial year of the charity beginning before its lawful registration, butotherwise means a financial year of the charity beginning before 1 April 2022.(10) For the purposes of this section, members of the Commission’s staff are not acting in their capacity as such when they are acting as members of a committee established under paragraph 9 of Schedule 1 to the 2008 Act.(11) In this section—In Schedule 1 to the Charities Act (Northern Ireland) 2008 (provision about the Charity Commission) , after paragraph 9 insert— Anything authorised or required to be done by the Commission may be done by any member of the Commission’s staff who is authorised for that purpose by the Commission, whether generally or specially (but this is subject to sub-paragraphs (2) and (7) ) .the instituting of an inquiry under section 22(1) ;the making of a decision that a report or statement be published under section 22(6) (a) or (b) ;the making of an order under any of sections 33 to 37;the making of regulations in exercise of power conferred by a statutory provision.things that may, consistently with sub-paragraph (2) , be delegated under sub-paragraph (1) , andin relation to anything which may be delegated under sub-paragraph (1) , the member or members of the Commission’s
- “the 2008 Act” means the Charities Act (Northern Ireland) 2008;
- “the Commission” means the Charity Commission for Northern Ireland;
- “financial year”, in relation to a charity, has the same meaning as in the 2008 Act (see section 180(1) of the 2008 Act) ;
- “inquiry report” means any such report or statement as is mentioned in section 22(6) of the 2008 Act;
- “member of the Commission’s staff” includes any person working for the Commission under paragraph 4(1) (a) or (b) or 5(1) of Schedule 1 to the 2008 Act (employees, service-providers and secondees) .
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(9A)
Performance of functions by staff - (1) Anything authorised or required to be done by the Commission may be done by any member of the Commission’s staff who is authorised for that purpose by the Commission, whether generally or specially (but this is subject to sub-paragraphs (2) and (7) ) .
- (2) The following may not be delegated under sub-paragraph (1) —
- (a) the instituting of an inquiry under section 22(1) ;
- (b) the making of a decision that a report or statement be published under section 22(6) (a) or (b) ;
- (c) the making of an order under any of sections 33 to 37;
- (d) the making of regulations in exercise of power conferred by a statutory provision.
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