New Charities Act and Fundraising Rules

• Fundraising Law

The long awaited new charities legislation for Northern Ireland was passed on 9 September 2008 however the new rules for fundraising are not expected to come into force until 2011.

The Act makes provisions for the establishment of a Charity Commission and a Register of Charities for Northern Ireland. The legislation also provides statutory definitions of charity and charitable purpose; sets out new rules with regard to fundraising and collections and; introduces a new form of charitable body. All charities, regardless of size, will be required to report annually to the new regulator with their annual accounts either audited or independently examined.

Many of the provisions of the Charities Act require secondary legislation and as such will be introduced in stages over the coming months and years.

The first main business of the Commission will be to consult on public benefit guidance and this exercise will probably take place in the early part of 2009. It is envisaged that charities will not be required to register with the Charity Commission until the spring of 2010 with the first reporting requirements happening the following year.

The new rules for fundraising and public collections are not likely to take effect until 2011. 

The Charities Implementation Team in the Department has set up a Charity Regulation Stakeholder Forum to consider the implications of the new Charities Act. NICVA is represented on this group and will keep the sector informed of any important issues that may emerge as well as raising any concerns to the Forum.

The Department for Social Development anticipates that all parts of the Act should become fully operational by early 2011. It is expected that the Charity Commissioners will be appointed next month and the Commission established in the autumn.

For background to the reform of charities legislation see NICVA's dedicated Charity Law Reform section at http://www.nicva.org/index.cfm/section/General/key/141205CharReform