The Charity Commission for Northern Ireland has revealed that 366 charities due to have registered with the newly formed regulator have failed to apply within their deadline.
The Commission began compulsory registration of all charities in Northern Ireland for the first time in December 2013. So far 551 charities have registered with the Commission, while 455 registrations are being processed. A total of 3,676 charities have been called to register, but some of those are still within their deadline.
The Commission has published a list of charities who must apply to register with it, which is regularly updated. Organisations have three months to submit an application from the date they are added to the list. Those that fail to apply could end up facing High Court action.
Frances McCandless, chief executive of the Commission, said: “Charity trustees are legally obliged to apply to register with the Commission and it is essential that trustees take that requirement seriously, taking the steps they need to successfully register.
“While we would prefer to have organisations apply to register with us when called forward, ultimately, if they do not, the trustees of those organisations could find themselves facing High Court action.
“It is also the responsibility of trustees to take action now to prepare for registration, including ensuring the Commission has their details for registration.”
McCandless also said that if an application is so poor it cannot be processed it will then be rejected, requiring it to be improved and resubmitted. She said it is “vital” that charities applying to register us the free registration support available on the Commission’s website.
An organisation must apply to register as a charity in Northern Ireland if it has exclusively charitable purposes, is governed by the law of Northern Ireland and it has control and direction over its governance and resources.
The Commission estimates that there are over 7,000 charities currently operating in Northern Ireland, so it is managing the process of registration by calling organisations forward to register in stages.
When an organisation fails to meet the registration deadline, the Commission will issue them a warning letter advising the organisation that they have a month to apply.
Failure to meet this second deadline will see the Commission publishing the organisation’s details on its website as being non-compliant with the law. If applicable, the Commission will also inform HMRC that the organisation has failed to apply. Any decision to remove charitable tax benefits is assessed by HMRC.
Under the Charities Act (Northern Ireland) 2008, charity trustees have a statutory duty to apply to register with the Commission. Failing to register with the Commission could mean trustees are in breach of the law and the Commission can use its powers under the Charities Act to order trustees to make a registration application.
If the order is not complied with, the Commission may apply to the High Court. The failure of trustees to apply will be treated a “breach of an order from the High Court, with the Court deciding if the trustees are guilty of contempt and, if guilty, imposing the appropriate sanction”.
The Commission is asking charities to check its online registration lists, and complete an expression of intent form if a charity is not listed before the end of next month.
