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
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Have you ever been subject to a decision,order or direction of the Charity Commission for Northern Ireland?
If yes, then you need to contact us as soon as possible. It is our information that the Commission may have issued orders, directions and decisions without lawful authority. These decisions etc may have included your denial of registration as a charity. Please contact Probity at www.probityaacni.uk or Click here Your opportunity is time limited for referral to the court system, so you need to act now.
Discussion Third Party Protection & The Charity Commission for Northern Ireland This topic was raised in the Charity Tribunal as a potential consequence of the Commission as a body corporate, not being accepted as a body who has the capacity in law to afford 3rd parties the same protection to the public as a regular incorporated company. The fear appears to be, that if we accept (and we do), that the Commission is a statutory incorporation, constrained by the statute that created it, then the public is not afforded the same protection as with ordinary incorporated bodies. The Charity Commission for Northern Ireland is an Executive NDPB . As a public body it delivers a particular public service, and is overseen by a board of Commissioners rather than ministers. Appointments are made by ministers following the Code of Practice of the Commissioner for Public Appointments. It employs its own staff and is allocated its own budget. Also known as an NDPB, the Comm