Legislation glitch delays charity registration
Howard Lake | 17 August 2010 | News
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.
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
About Howard Lake
Howard Lake is consultant editor of UK Fundraising. He founded the site in 1994 and successfully sold it in 2022. As director of Giving X Ltd he is exploring growing giving on a massive scale.
He is the founder of Fundraising Camp and co-founder of GoodJobs.