1. REGULATION OF CHARITIES IN NORTHERN IRELAND
Charity Commission for Northern Ireland (CCNI)
REGULATION OF CHARITIES IN NORTHERN IRELAND

2. FOCUS Why do we need regulation? What has changed?
Who is regulation for?
What is regulation?
What it means for you.
What is happening in Northern Ireland & elsewhere?

3. What has changed? Greater public awareness
Greater sense of probity in the sector
Governance and accountability
Devolution & RPA
Crime prevention
Modernisation of legislation & housekeeping

4. CHARITIES SECTOR IN NI What does it look like?
Relatively large voluntary and community sector compared to England & Wales (170,000), Scotland (23,000) Republic of Ireland (7,500).
Number of charities ?
Total annual income approx. £570m
Total expenditure £544m
Total assets £737m
Total workforce 26,737
Total volunteers 87,723
(State of the Sector V 2009 NICVA)

5. CHARITIES ACT (Northern Ireland) 2008 What will it do ?
Charities Commission for Northern Ireland
12 headings plus 2 NI definitions
Charity Test
Fully inclusive compulsory charities register
167 Charities
All charities to make annual returns financial and performance
New regulation of Public Charitable Collections
Regulation of professional fund-raisers
Charitable Incorporated Organisation
Trustee indemnity insurance
Incorporation of charity trustees
Deregulation
Charity Tribunal

6. CHARITY COMMISSION FOR NORTHERN IRELAND What is its role?
Public confidence objective
Public benefit objective
Compliance objective
Charitable resources objective
Accountability objective
Trust – Confidence - Awareness - Understanding - Effectiveness

7. PROPOSED STRUCTURE OF CCNI

8. CHARITY COMMISSIONERS
Tom Mc Grath Paddy Sloan Walter Rader
Philip Mc Donagh Angila Chada Paul Cavanagh

9. CHARITABLE HEADINGS a) the prevention or relief of poverty;
b) the advancement of education;
c) the advancement of religion;
d) the advancement of health or the saving of lives;
e) the advancement of citizenship or community development;
f) the advancement of the arts, culture, heritage or science;
g) the advancement of amateur sport;
h) the advancement of human rights, conflict resolution
or reconciliation or the promotion of religious or racial harmony or equality
and diversity;
i) the advancement of environmental protection or improvement;
j) the relief of those in need by reason of youth, age, ill-health, disability,
financial hardship or other disadvantage;
k) the advancement of animal welfare;
l) any other purposes within paragraph (4).
In paragraph (2)
(a) in sub-paragraph (c) “religion” includes
(i) a religion which involves belief in more than one god, and
(ii) a religion which does not involve belief in a god;
(b) in sub-paragraph (d) “the advancement of health” includes the prevention or relief of sickness, disease or human suffering;
(c) sub-paragraph (e) includes
(i) rural or urban regeneration, and
(ii) the promotion of civic responsibility, volunteering, the voluntary sector or the effectiveness or efficiency of charities;
(d) in sub-paragraph (g) “sport” means sport which involves physical skill and exertion;
(e) sub-paragraph (h) includes the advancement of peace and good community relations; and
(f) sub-paragraph (j) includes relief given by the provision of accommodation or care to the persons mentioned in that sub-paragraph.

10. PUBLIC BENEFIT Established for charitable purposes ONLY
Fall within one of 12 headings
AND
Is for the public benefit
No presumption of public benefit
Not party political
Public benefit test
Benefit gained or likely to be gained by members
Detriment incurred or likely to be incurred compared with the benefit gained or likely to be gained
Whether any condition, charge or fee is unduly restrictive
CCNI must issue guidance
Public consultation

11. RELIGION AS A CHARITABLE PURPOSE
CLAUSE 2. (2) (C)
The advancement of religion
CLAUSE 2. (3)
In subsection (2)---
(a) in paragraph (c) “religion” includes---
(i) a religion which involves belief in one god or more than one god, and
(ii) any analogous philosophical belief (whether or not involving belief in a god);

12. DESIGNATED RELIGIOUS STATUS
Recognition of special circumstances
Sought after registration
Not automatic, must apply, discretion of CCNI
Conditions to be met
Advancement of religion principle purpose
Regular holding public worship principle activity
Established in N. Ireland least 5 years
Sound internal governance structures
Does not remove reporting or accounting
Exemption clause 33-36
Powers intervention
Suspension, removal & appointment
Interim manager
Direction to protect
Can be withdrawn
Exemption clauses
Power to act for protection of charities.
suspend or remove any person staff agent or trustees
appoint additional trustees
vest property
secure and not sell property
debtors not to make payments or discharge liabilities
restrict transactions
appoint an interim manager
establish a scheme for removal of trustees
Power to give direction for protection of a charity

13. CHARITY ACCOUNTS £100k or less £100k to £500k £500k or more
Are you a company?
Yes
Are you a company?
Yes
Prepare fully accrued
audited accounts as
per clause 65 (2) No No
Does your constitution
Say you should produce
accrued accounts or
have your trustees decided
that you should?
Yes
Prepare fully accrued
accounts as
per clause 65 (3) No
Prepare receipts & payments
accounts with statement
of assets & liabilities as per 64 (3)
Accounts signed off by
independent person
Accounts signed off by
independent examiner
Accounts signed off by
auditor
Return made to Charity Commission for Northern Ireland

14. CHARITY TRIBUNAL What if I don’t agree?
New independent body established by Charities Act.
Will hear and determine on appeals and applications made to it relating to decisions by the CCNI.
List of reviewable matters at schedule 3
Appeals/applications may be brought by;
Attorney General
Trustees
The charity
Individual persons affected by a decision by CCNI
CCNI
Set up under the Northern Ireland Court Service
No cost or charge involved unless legally represented
Will involve initial review of process by CCNI to ensure correct.
Can still go to courts if not content.
Tribunal panel will have a pool to draw from and include persons with legal background.
Entirely independent of the Charity Commission.
Tribunal members will be paid in accordance with levels set down by NI Courts Service.

15. UK & IRELAND REGULATORS FORUM How do we seek consistency in approach?
Established October 2006
Membership – CC / OSCR / DSD / Dept. of Community Rural and Gaeltacht Affairs (ROI)
Forum for discussion on charity matters between jurisdictions
Address issues of consistency & interpretation
Black bag collections

16. CROSS BORDER & ALL ISLAND CHARITIES
Cross Bordering Monitoring Group established to consider issues.
Need to minimise over administration & reporting.
Agree joint monitoring arrangements.
Ensure reporting of activities in each jurisdiction.
Ministerial meeting to consider all-Ireland charities.

17. TIMETABLE When is this all going to happen?
Sep Royal Assent
Mar 09 First Commencement Order
Jun 09 Appointment of Commissioners
Jun 09 Commission established
Sep 09 Consultation on public benefit
Sep 09 Second Commencement Order
Jan 09 Publication of Public Benefit guidance
Apr 10 First new registrations
Oct 10 Charitable Incorporated Organisations
Apr 11 Public collections
Apr 11 First financial returns and reports

18. Does charities regulation matter and who cares?
Public
Police
Politicians
Media
You

19. CONTACTS How to get in touch
Seamus Murray tel:
Roy Mc Givern tel:
Vera Mc Cann tel:
Anne Killen tel:
Kevin Kennedy tel:
Kieran Doyle tel:
Paul Slevin tel:
Charity Commission for Northern Ireland
4th Floor
24-26 Arthur Street
Belfast
BT1 4GF