Charities (Amendment) Act 2024
|
Amendment of section 39 of Principal Act | ||
|
7. Section 39 of the Principal Act is amended— | ||
(a) by the insertion of the following subsection after subsection (4): | ||
“(4A) An organisation that becomes a charitable organisation by virtue of section 3(1)(q) shall, if it wishes to continue to operate or carry on activities in the State after the commencement of section 4 (a)(ii) of the Charities (Amendment) Act 2024, apply, not later than— | ||
(a) 6 months, or | ||
(b) the expiration of such longer period as the Minister may specify, | ||
after such commencement to the Authority to be registered.”, | ||
(b) in subsection (5)— | ||
(i) by the insertion, in paragraph (b), of “or the United Kingdom” after “EEA state” in each place where it occurs, | ||
(ii) in paragraph (c)— | ||
(I) by the insertion, in subparagraph (i), of “or the United Kingdom” after “EEA state”, and | ||
(II) by the substitution of “in the state referred to in subparagraph (i)” for “in that EEA state”, | ||
(iii) by the substitution of the following paragraph for paragraph (d): | ||
“(d) specify the name, address, e-mail address and telephone number of each charity trustee,”, | ||
(iv) by the insertion of the following paragraph after paragraph (d): | ||
“(da) be accompanied by— | ||
(i) documentary proof of address for each charity trustee, and | ||
(ii) a declaration in writing made by each charity trustee, in such form as may be specified by the Authority, stating that he or she is not disqualified for the position of charity trustee under section 55,”, | ||
and | ||
(v) by the substitution, in paragraph (l), of “children or vulnerable persons (within the meaning of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 )” for “vulnerable people (including the aged, children and young people, the sick, disabled and handicapped)”, | ||
(c) by the deletion of subsection (6), | ||
(d) by the insertion of the following subsections after subsection (6): | ||
“(6A) Where the Authority considers that an application does not satisfy the requirements of subsection (5), the Authority may by notice in writing require the applicant to provide it with specified information or documents, not later than 21 days after the date of the notice, or such longer period as the Authority may specify. | ||
(6B) Where information or documents required by the Authority under subsection (6A) are not provided by the applicant within the period referred to in that subsection, or within the period as specified by the Authority, the application under this section shall be deemed to be withdrawn.”, | ||
(e) in subsection (7)— | ||
(i) by the substitution of “subsections (6B), (8) and (14)” for “subsections (8), (13) and (14)”, | ||
(ii) in paragraph (a)— | ||
(I) by the insertion of “or the United Kingdom” after “EEA state” in each place where it occurs, and | ||
(II) by the substitution of “charitable organisation and its principal place” for “charitable organisation, its principal place”, | ||
(iii) in paragraph (b)— | ||
(I) by the insertion, in subparagraph (i), of “or the United Kingdom” after “EEA state”, and | ||
(II) by the substitution of “in the state referred to in subparagraph (i)” for “in that EEA state”, | ||
(iv) by the deletion, in paragraph (f), of “and”, | ||
(v) by the insertion of the following paragraph after paragraph (f): | ||
“(fa) the constitution of the charitable organisation, and”, | ||
and | ||
(vi) by the substitution, in paragraph (g), of “information” for “particulars”, | ||
(f) by the substitution of the following subsection for subsection (9): | ||
“(9) Where the Authority makes a decision to grant an application under this section, it shall, as soon as may be thereafter, notify the applicant in writing of— | ||
(a) the decision, and | ||
(b) any condition attached to the registration, including— | ||
(i) the reason for the condition, | ||
(ii) the date by which such condition is to be complied with, if applicable, and | ||
(iii) the entitlement under section 45(1A) to appeal the decision to attach the condition.”, | ||
(g) by the deletion of subsection (11), | ||
(h) by the insertion of the following subsections after subsection (11): | ||
“(11A) A registered charitable organisation shall, as soon as may be, notify the Authority in writing where— | ||
(a) the charitable organisation breaches or fails to comply with a condition attached to the registration under subsection (9)(b), | ||
(b) information or a particular entered in the register in accordance with subsection (7) ceases to be correct, | ||
(c) information or a particular provided in an application under this section in respect of a charity trustee ceases to be correct, | ||
(d) it is proposed to wind up the charitable organisation or to cease its operations, or | ||
(e) there is a resignation or appointment of a charity trustee. | ||
(11B) A notification under subsection (11A) shall be in such form as may be specified by the Authority and shall be accompanied by the following particulars— | ||
(a) in the case of a notification pursuant to paragraph (d) of subsection (11A), by— | ||
(i) a statement of the assets and liabilities of the charitable organisation, and | ||
(ii) particulars of any proposed transfer of the assets of the charitable organisation, | ||
or | ||
(b) in the case of a notification pursuant to paragraph (e) of subsection (11A), by the declaration referred to in subsection (5)(da)(ii) in respect of the appointment of a new charity trustee. | ||
(11C) Without prejudice to the generality of subsection (11B), the Authority may, following a notification under subsection (11A), require the charitable organisation to provide it with specified information or documents within such period as the Authority may specify.”, | ||
(i) by the substitution, in subsection (12), of “information or particular” for “particular”, | ||
(j) by the deletion of subsection (13), | ||
(k) by the substitution, in subsection (15), of “this section” for “that subsection”, and | ||
(l) by the insertion of the following subsections after subsection (17): | ||
“(18) Where, in relation to a charitable organisation that is a body corporate, there is a contravention of subsection (3) or (11A), the body corporate shall be guilty of an offence. | ||
(19) Where, in relation to a charitable organisation, there is a contravention of subsection (3) or (11A), the charity trustees shall each be guilty of an offence. | ||
(20) The following provisions do not apply to an education body— | ||
(a) paragraphs (d), (da) and (l) of subsection (5), and | ||
(b) subsections (11A) to (11C).”. |