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REGULATION OF CHARITIES IN NORTHERN IRELAND. Seamus Murray Head of Charities Implementation Team Department for Social Development January 2009. FACT OR FICTION. ‘ Law could mute carol singers’ ‘Watchdogs should look at charities’ ‘Jury still out on charity watchdog ’

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REGULATION OF CHARITIES IN NORTHERN IRELAND

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Regulation of charities in northern ireland l.jpg

REGULATION OF CHARITIES IN NORTHERN IRELAND

Seamus Murray

Head of Charities Implementation Team

Department for Social Development

January 2009


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FACT OR FICTION

‘Law could mute carol singers’

‘Watchdogs should look at charities’

‘Jury still out on charity watchdog’

‘Police may investigate children's charity’

‘Ulster charities ‘used to launder paramilitary cash’’

‘Businesses warned on charity scam’

‘Warning on bogus charity clothing collections’

‘Council backs call for charity commission’

Sources:Belfast Telegraph, Newsletter, Third Sector


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FOCUS

  • Why do we need regulation?

  • What has changed in the world?

  • Who is regulation for?

  • What is regulation?

  • What is happening in Northern Ireland & elsewhere?


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WHAT HAS CHANGED?

  • Greater public awareness

  • Greater sense of probity in the sector

  • Governance and accountability

  • Devolution & RPA

  • Crime prevention

  • Modernisation of legislation & housekeeping


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Income £467 million

3,800 employees

Income £290 million

5,700 employees

Student’s Union

Income £291,000

Queen’s Students Union

Income £2.6 million

Scottish Junior Chess Association Educational Trust

Income £1,000

European Society of Regional Anaesthesia and Pain Therapy

Income £924,00

Income £1,744


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CHARITIES SECTOR IN NIWhat does it look like?

  • Relatively large voluntary and community sector compared to England, Scotland and Wales.

  • Number of charities 5500-6500-9000?

  • Total annual income approx. £657m

  • Total expenditure £640m

  • Total assets £750m

  • Total workforce 29,168

    (State of the Sector III 2002 NICVA)


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CHARITIES ACT (Northern Ireland) 2008What will it do ?

  • Charities Commission for Northern Ireland

  • 12 headings plus2 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

  • Charitable Incorporated Organisation

  • Trustee indemnity insurance

  • Deregulation

  • Charity Tribunal


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CHARITY COMMISSION FOR NORTHERN IRELAND CCNIWhat is its role?

  • Public confidence objective

  • Public benefit objective

  • Compliance objective

  • Charitable resources objective

  • Accountability objective

    Trust – Confidence - Awareness - Understanding - Effectiveness


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STRUCTURE OF CCNI


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CHARITY ACCOUNTS

£100k or less

£100k to £500k

£500k or more

Yes

Prepare fully accrued

audited accounts as

per clause 65 (2)

Yes

Are you a company?

Are you a company and balance

sheet more than £2.8 m?

No

No

Does your constitution

Say you should produce

accrued accounts or

have your trustees decided

that you should?

Prepare fully accrued

accounts as

per clause 65 (3)

Yes

No

Prepare receipts & payments

accounts with statement

of assets & liabilities as per 64 (3)

Accounts signed off by

auditor

Accounts signed off by

independent person

Accounts signed off by

independent examiner

Return made to Charity Commission for Northern Ireland


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PUBLIC BENEFIT

  • Established for charitable purposes ONLY

  • Fall within one of 12 headings

    AND

  • Is for the public benefit

  • Not party political

  • No presumption of public benefit

  • 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


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    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);


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    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


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    UK & IRELAND REGULATORS FORUMHow 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


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    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.


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    TIMETABLEWhen is this all going to happen?

    • Sep 08 Royal Assent

    • Mar 09Appointment of Commissioners

    • Apr 09Commencement regulations

    • Apr 09 Commission established

    • May 09Consultation on public benefit

    • Apr 10First new registrations

    • Oct 10Charitable Incorporated Organisations

    • Jan 11Public collections

    • Apr 11First financial returns and reports


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    Does charities regulation matter and who cares?

    • Charities

    • Public

    • Police

    • Politicians

    • Media

    • You


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    CONTACTSHow to get in touch

    • Seamus Murray tel: 028 90829428 [email protected]

    • Roy Mc Givern tel: 028 90829404 [email protected]

    • Vera Mc Cann tel: 028 90829405 [email protected]

    • Kieran Doyle tel: 02890829427 [email protected]

    • www.dsdni.gov.uk

    • www.charitycommissionni.org


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