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The Charities Act 2008 (Consequential Provision and Savings) Order (Northern Ireland) 2013

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Statutory Rules of Northern Ireland

2013 No. 146

Charities

The Charities Act 2008 (Consequential Provision and Savings) Order (Northern Ireland) 2013

Made

29th May 2013

Coming into operation

24th June 2013

The Department for Social Development makes the following Order in exercise of the powers conferred by section 182(1) and (2) of the Charities Act (Northern Ireland) 2008(1).

Citation and commencement

1.  This Order may be cited as the Charities Act 2008 (Consequential Provision and Savings) Order (Northern Ireland) 2013 and shall come into operation on 24th June 2013.

Consequential provision: institutions treated as charities

2.  The Charities Act 2008 (Transitional Provision) Order (Northern Ireland) 2011(2) shall cease to have effect, in respect of an institution treated as if it were a charity pursuant to that Order, immediately upon either registration in the register or a decision not to register that institution in the register.

Savings

3.  Notwithstanding the repeal of sections 13, 22 and 23 of the Charities Act (Northern Ireland) 1964(3) by Schedule 9 to the Charities Act (Northern Ireland) 2008, those sections shall continue to apply, as the case may require, where before 24th June 2013 an application is made to the Court or the Department(4) to exercise its powers to apply property cy-près in respect of any particular property given for charitable purposes and the application has not been determined prior to that date.

Sealed with the Official Seal of the Department for Social Development on 29th May 2013

(L.S.)

Michael Daly

A senior officer of the Department for Social Development

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes consequential provision and savings for the purposes of the commencement of provisions of the Charities Act (Northern Ireland) 2008 relating to the register of charities and the application of property cy-près by the Charities (2008 Act) (Commencement No. 4) Order (Northern Ireland) 2013 (S.R. 2013 No. 145 (C. 10)).

Article 2 provides that an institution which is treated as a charity under the Charities Act 2008 (Transitional Provision) Order (Northern Ireland) 2011 will cease to be so treated upon registration or on a decision not to enter it in the register of charities.

Article 3 provides for the High Court or the Department for Social Development to exercise its powers under the Charities Act (Northern Ireland) 1964, to apply property cy-près in respect of any particular property given for charitable purposes, in relation to an application made before and not determined prior to 24th June 2013.

(3)

1964 c. 33 (N.I.); section 13(1) was amended by Article 6(1) of the Charities (Northern Ireland) Order 1987 (S.I. 1987/2048 (N.I. 19))

(4)

See Article 8(b) of S.R. 1999 No. 481

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