# N Ireland charity commission staff did not have power to investigate charities

- Link: https://fundraising.co.uk/2019/06/10/n-ireland-charity-commission-staff-did-not-have-power-to-investigate-charities/
- Published: 2019-06-10T07:28:00+01:00
- Author: Howard Lake

**The High Court in Belfast has held that the Charity Commission for Northern Ireland(
CCNI) cannot lawfully delegate its decision making functions to its staff acting
alone.**

[The High Court](http://www.judiciary-ni.gov.uk) was dealing with three appeals 
all of which raised the same question of law, namely whether the functions attributed
to CCNI by the provisions of the Charity Act (Northern Ireland) can lawfully be 
discharged by employees of CCNI acting alone.

It is not clear yet what impact this potentially far reaching decision will have
on previous cases involving charities investigated by the CCNI since it was established.
CCNI was established as a non-departmental public body sponsored by the Department
for Communities and became operational from 1 June 2009. Seven part-time Commissioners
have been appointed.

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Comparing the law in Northern Ireland to that in England and Wales, the Court said
that the staff of the English commission can lawfully discharge their duties because
the act establishing the Commission in England and Wales made a number of specific
provisions in respect of staff. **CCNI’s power to regulate its own proceedings are
not specifically provided for in the 2008 Act, the Court ruled**.

Referring to the definitions of “to regulate” and “to delegate”, Madam Justice McBride
said she was satisfied that the powers given to the CCNI “to regulate” its own procedures
do not give the CCNI an express power “to delegate” any of its decision making functions
to staff.

CCNI and the Department for Communities, who joined CCNI in the case, submitted 
that in the event that the court found that the 2008 Act did not make express provision
for delegation of functions to staff, the court should find there was implied delegation.

Madam Justice McBride said that the 2008 Act did not grant the CCNI an express power
to delegate to staff and that there is no implied power of delegation.

CCNI can appeal the decision.

 * **[NI Charity Commission still waiting on regulatory powers](https://fundraising.co.uk/2011/11/25/ni-charity-commission-still-waiting-on-regulatory-powers/)**(
   25 November 2011)
 * **[Charity registration takes a step forward](https://fundraising.co.uk/2012/09/24/charity-registration-takes-a-step-forward/)**(
   24 September 2012)
 * **[Scottish charity accounts and trustees’ names](https://fundraising.co.uk/2016/05/16/scottish-charity-accounts-trustees-names/)**(
   16 May 2016)