# Legislation glitch delays charity registration

- Link: https://fundraising.co.uk/2010/08/17/legislation-glitch-delays-charity-registration/
- Published: 2010-08-17T23:07:14+01:00
- Author: Howard Lake

A problem with the wording in the legislation for the new charity commission has
meant a postponement of registration for charities in Northern Ireland.

In June the Charity Commission for Northern Ireland referred a technical problem
with the wording of the Charities Act (Northern Ireland) 2008 to the Department 
for Social Development for consideration.

The Commission does not specify what the problem is but it is understood that they
were concerned that the glitch could have led to a legal challenge to the legislation.

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This issue has caused a delay in the Charity Commission being able to begin registration
of charities in Northern Ireland, a notice on the Commission’s website said. However,
those organisations which already have charitable status for tax purposes from HMRC
are unaffected.

The Social Development Minister is considering whether the legislation requires 
amendment. This may mean that the Northern Ireland Assembly will have to agree new
primary legislation. The timescale for this is currently unclear, as it depends 
on a number of different factors. As soon as this becomes clear the Commission says
it will provide updated information on timescales for registration.

The Charity Commission says it is continuing to prepare for the new regulatory regime
by putting appropriate staffing resources and organisational structures in place.

Any organisation in Northern Ireland which operates for charitable purposes may 
continue to apply to HMRC for charitable tax status which, if granted, will entitle
the institution to certain tax benefits, according the Commission.

www.dsdni.gov.uk/charity-commission

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