Attorney General V The Charity Commission for Northern Ireland
A little known case was heard recently in the High Court in Belfast. Little known but with significant implications for the Charity Sector in Northern Ireland. The case was taken by the Attorney General against the Charity Commission for Northern Ireland. The circumstances relate back to a finding of the Charity Tribunal on the 24th March 2015 in William Allen & The Charity Commission . The case focused on statutory construction, specifically the Tribunal drew attention to the contents of the Table in Schedule 3 to the 2008 Order, and specifically that part which makes provision as to who are the persons who may challenge a decision to institute a statutory inquiry: The table relates; The persons are (a) the persons who have control or management of the institution, and (b) (if a body corporate) the institution itself. The decision of the Tribunal is a well thought out argument and grounds its determination in the fact that the Act shows that no other interpretation may be possible…
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