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Archived decisions

Through publishing decisions, the Commission aims to increase openness, transparency and levels of public trust and confidence in the charity sector.

The information below details the Commission’s archived casework decisions. More recent casework decisions are available to view here: Casework decisions.

Further information on our approach to publishing decisions can be found in the Commission’s Publishing our decisions guidance.

Up until the end of May 2019, decisions such as those detailed below were made by the Commission’s casework team. This was in keeping with the processes agreed by the Board of Commissioners based on an interpretation of the law at that time. The Court of Appeal judgment has clarified the position and means those decisions are now considered to be void as they were not made at Commissioner level.

The Commission would like to reassure all charities that casework decisions made by staff were based on facts and were considered to meet the legislative criteria. It is the level at which the decision was made that was considered by the Court, not the substance of any decision.

If a casework decision relating to your charity was made prior to the end of May 2019 you do not need to take any action at this time. A solution is being sought from the Department for Communities in order to permanently resolve the issue regarding these decisions. Further details on the Court of Appeal ruling, its impacts and FAQs can be found here.

While a permanent solution is being sought, the Commission’s work and oversight of the charity sector is continuing. For example, the Commission has adjusted its procedures to comply with the court judgment. This means that while some Commission decisions may be delayed and the volume of decisions made has been temporarily reduced, everyone can be assured that work on applications, requests and queries is ongoing.

Further information and guidance will be provided by the Commission as soon as possible.

The following are examples of the type of archived decisions and orders published below.

Consents to regulated alterations

Under the Charities Act (Northern Ireland) 2008 (the ‘Charities Act’), some changes to a charitable company’s Articles of Association must be approved by the Charity Commission for Northern Ireland before they can be effected by the charity. For example, Alterations to the objects, dissolution clause or authorisations for benefits to be paid to directors in any charitable company’s Memorandum and Articles of Association, or Articles of Association, must receive prior written consent from the Commission.

Download 20220504 Archived casework decisions PDF (196.2 KB)

Authorising transactions/Sealed orders

The Charities Act also gives the Commission powers to authorise any action proposed by a charity or, where the Commission is satisfied that it is expedient in the interests of the charity, to authorise transactions which are not normally a proper use of the charity’s resources. The Commission may also authorise the charity to apply property or to waive entitlement to receive property, where the charity trustees have no power to, but regard themselves as being under a moral obligation to do so.

Sealed Order - Ballymena/Ballymena & Ballyclug/ St. Patrick/Connor/ Church of Ireland 

The Commission has made an order, available below, to authorise a transaction under section 46 of the Charities Act (Northern Ireland) 2008 for the charity known as Ballymena/Ballymena & Ballyclug/St. Patrick/Connor Church of Ireland. 

Download 20210429 Sealed Order - Ballymena/Ballymena & Ballyclug/ St. Patrick/Connor/ Church of Ireland PDF (259.5 KB)

Sealed Order - Victoria Housing Estates Limited

The Commission has made an order, available below, to authorise a transaction under section 46 of the Charities Act (Northern Ireland) 2008 for the charity known as Victoria Housing Estates Limited.

Download 20200824 Sealed Order - Victoria Housing Estates Limited PDF (35.2 KB)

Sealed Order - NIPSCBF

The Commission has made an order, available below, to authorise a transaction under section 46 of the Charities Act (Northern Ireland) 2008 for the charity known as NIPSCBF.

Download 20200824 Sealed Order - NIPSCBF PDF (30.9 KB)

Sealed Order - Northern Ireland Prison Service Central Benevolent Fund

The Commission has made an order, available below, to authorise a transaction under section 46 of the Charities Act (Northern Ireland) 2008 for the charity known as Northern Ireland Prison Service Central Benevolent Fund.

Download 20200824 Sealed Order - Northern Ireland Prison Service Central Benevolent Fund PDF (29.2 KB)

Sealed order - Lord Enniskillen Memorial Orange Society

The Commission has made an order, available below, to authorise a transaction under section 46 of the Charities Act (Northern Ireland) 2008 for the charity known as Lord Enniskillen Memorial Orange Society.

Download 20190628 Sealed order - Lord Enniskillen Memorial Orange Society PDF (25.6 KB)

Sealed order - The Royal Ulster Constabulary George Cross Historical Society

The Commission has made an order, available below, to authorise the transfer of assets and liabilities under section 46 of the Charities Act (Northern Ireland) 2008 for the charity known as The Royal Ulster Constabulary George Cross Historical Society.

Download 20190509 Sealed order - Royal Ulster Constabulary George Cross Historical Society PDF (26.7 KB)

Sealed order - The Police Historical Society (NI) (incorporating the RUC GC Historical Society)

The Commission has made an order, available below, to authorise the granting of an indemnity under section 46 of the Charities Act (Northern Ireland) 2008 for the charity known as The Police Historical Society (NI) (incorporating the RUC GC Historical Society).

Download 20190509 Sealed order - Police Historical Society (NI) (incorporating the RUC GC Historical Society) PDF (27.8 KB)

Sealed order - East Belfast Mission

The Commission has made an order, available below, to authorise a transaction pursuant to section 46 of the Charities Act (Northern Ireland) 2008 for the charity known as East Belfast Mission.

Download 20190405 Sealed order - East Belfast Mission PDF (21.4 KB)

Sealed order - Home-Start Lakeland and Irvinestown and Home-Start Lakeland

The Commission has made an order, available below, to authorise a transaction pursuant to section 46 of the Charities Act (Northern Ireland) 2008 for the charity known as Home-Start Lakeland and Irvinestown and Home-Start Lakeland.

Download 20190314 Sealed order - Home-Start Lakeland and Irvinestown and Home-start Lakeland PDF (27.7 KB)

Sealed order - Coleraine Academical Institution Endowment Trust

The Commission has made an order, available below, to authorise a transaction pursuant to section 46 of the Charities Act (Northern Ireland) 2008 for the charity known as Coleraine Academical Institution Endowment Trust.

Download 20190116 Sealed order - Coleraine Academical Institution Endowment Trust PDF (765.7 KB)

Sealed orders - Samaritans

The Commission has made a number of orders, available below, to authorise transactions pursuant to section 46 of the Charities Act (Northern Ireland) 2008 for the Samaritans charities below.

Download 20181031 Sealed order - Bangor and North Down Samaritans PDF (27.2 KB)

Download 20181031 Sealed order - Samaritans of Coleraine and District PDF (27 KB)

Download 20181031 Sealed order - Samaritans of Craigavon PDF (25.9 KB)

Download 20181031 Sealed order - Coleraine and District Samaritans PDF (26 KB)

Download 20181031 Sealed order - Craigavon Samaritans PDF (24.5 KB)

Download 20181031 Sealed order - Belfast Samaritans PDF (27 KB)

Download 20181031 Sealed order - Samaritans of Newry PDF (24.4 KB)

Download 20181031 Sealed order -Samaritans of Newry PDF (27.6 KB)

Download 20181031 Sealed order - Samaritans of Ballymena PDF (27.6 KB)

Download 20181031 Sealed order - Samaritans of Ballymena (2) PDF (26.2 KB)

Download 20181031 Sealed order - Samaritans of Omagh PDF (25.6 KB)

Download 20181031 Sealed order - Samaritans of Omagh (2) PDF (25.8 KB)

Download 20181031 Sealed order - Samaritans of Belfast PDF (23.7 KB)

Download 20181031 Sealed order - Samaritans of Bangor and North Down PDF (24.5 KB)

Sealed order - Angel Eyes NI Services (NIC103126)

The Commission has made an order, available below, to authorise a transaction pursuant to section 46 of the Charities Act (Northern Ireland) 2008 for the charity known as Angel eyes NI Services (NIC103126).

Download 20181112 Sealed order - Angel Eyes NI Services PDF (23.8 KB)

Download 20181108 Sealed order - Angel Eyes NI PDF (22.8 KB)

 

Sealed schemes

The Commission has made a scheme in relation to City Church Belfast.

The draft scheme was open for comments for 30 calendar days. The scheme, available below, has now been officially sealed by the Commission.

Download 20210429 Sealed Scheme - City Church Belfast PDF (345.9 KB)

The Commission has made a scheme in relation to The John Getty Will Trust.

The draft scheme was open for comments for 30 calendar days. The scheme, available below, has now been officially sealed by the Commission.

Download 20210322 Sealed scheme - The John Getty Will Trust PDF (205.8 KB)

The Commission has made a scheme in relation to The Sunshine Foundation Romania.

The draft scheme was open for comments for 30 calendar days. The scheme, available below, has now been officially sealed by the Commission.

Download 20210324 Sealed scheme - The Sunshine FoundationPDF (390.3 KB)

The Commission has made a scheme in relation to Mountain Lodge Pentecostal Church..

The draft scheme was open for comments for 30 calendar days. The scheme, available below, has now been officially sealed by the Commission.

Download 20201215 Sealed Scheme - Mountain Lodge Pentecostal Church PDF (301.9 KB)

The Department for Communities (DfC) has made a scheme in respect of the Newry District Nursing Society and Mary Heron Moorehead Charity.

This is a case retained by the DfC as the application was received prior to the Commission gaining cy-pres functions from June 2013. Please click here to the view the scheme on the DfC website.

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The Commission has made a scheme in relation to Bethany Church Finaghy.

The draft scheme was open for comments for 30 calendar days. The Commission did not receive any comments during this time and the scheme, available below, has now been officially sealed by the Commission.

Download 20201123 Sealed Scheme - Bethany Church Finaghy PDF (75.9 KB)

The Commission has made a scheme in relation to Causeway Memorial School Trust.

The draft scheme was open for comments for 30 calendar days. The scheme, available below, has now been officially sealed by the Commission.

Download 20190821 Sealed scheme - Causeway Memorial School Trust PDF (687.6 KB)

The Commission has made a scheme in relation to City Church Belfast.

The draft scheme was open for comments for 30 calendar days. The Commission did not receive any comments during this time and the scheme, available below, has now been officially sealed by the Commission.

Download 20190503 Sealed scheme – City Church Belfast PDF (42.5 KB)

The Commission has made a scheme in relation to the Dorinda Lady Dunleath Charitable Trust.

The draft scheme was open for comments for 30 calendar days, from 17 January 2019 to 18 February 2019. The Commission did not receive any comments during this time and the scheme, available below, has now been officially sealed by the Commission.

Download 20190313 Sealed scheme - Dorinda Lady Dunleath Charitable Trust PDF (55.2 KB)

The Commission has made a scheme in relation to the Will of Eleanor Margretta Mulholland Deceased.

The draft scheme was open for comments for 30 calendar days, from 31 January 2019 to 4 March 2019. The Commission did not receive any comments during this time and the scheme, available below, has now been officially sealed by the Commission.

Download 20190311 Sealed scheme - Eleanor Mulholland Deceased PDF (33.3 KB)

Sealed scheme - Ulster Defence Regiment Benevolent Fund

The Commission has made a scheme in relation to the Ulster Defence Regiment Benevolent Fund.

The draft scheme was open for comments for 30 calendar days, from 4 September to 4 October 2017. The Commission did not receive any comments during this time and the scheme, available below, has now been officially sealed by the Commission.

Download 20171107 Sealed scheme - Ulster Defence Regiment Benevolent Fund PDF (565.5 KB)

Sealed scheme - The Joseph Devlin Charitable Trust

The Commission has made a scheme in relation to The Joseph Devlin Charitable Trust.

The draft scheme was open for comments for 30 calendar days, from 22 January to 1 March 2018. The Commission did not receive any comments during this time and the scheme, available below, has now been officially sealed by the Commission.

Download 20180312 Sealed scheme - The Joseph Devlin Charitable Trust PDF (110.7 KB)


Sealed scheme - Newry District Nursing Society and Mary Heron Moorehead Charity

The Department for Communities (DfC) has made a scheme in respect of the Newry District Nursing Society and Mary Heron Moorehead Charity.

This is a case retained by the DfC as the application was received prior to the Commission gaining cy-pres functions from June 2013. Please click here to the view the scheme on the DfC website.


Sealed scheme - Annette Millar Davidson (deceased)

The Commission has made a scheme in relation to a bequest by Annette Millar Davidson (deceased).  

The draft scheme was open for comments for 30 calendar days, from 22 November to 22 December 2016. The Commission did not receive any comments during this time and the scheme, available below, has now been officially sealed by the Commission.

Download 20170124 Annette Millar Davidson Deceased Sealed Scheme PDF (61.3 KB)

Sealed scheme - The Presbyterian Orphan and Children’s Society

The Commission has made an educational endowment amending scheme in connection with the future government and management of the endowments of the Presbyterian Orphan and Children’s Society.

Download 20160212 Sealed scheme - Presbyterian Orphan and Childrens Society PDF (39.3 KB)

Sealed scheme - Trevor Hill Mercer (deceased)

The Commission has made a scheme in relation to a bequest by Trevor Hill Mercer (deceased).  

The draft scheme was open for comments for 30 calendar days, from 4 November to 4 December 2015. The Commission did not receive any comments during this time and the scheme, available below, has now been officially sealed by the Commission.

Download 20151214 Sealed scheme -Trevor Hill Mercer Deceased PDF (24.9 KB)

Sealed scheme - Sarah McClelland Hale (deceased)

The Commission has made a scheme in relation to a bequest by Sarah McClelland Hale (deceased).  

The draft scheme was open for comments for 30 calendar days, from 14 October to 11 November 2015. The Commission did not receive any comments during this time and the scheme, available below, has now been officially sealed by the Commission.

Download 20151130 Sealed scheme - Sarah McClelland Hale Deceased PDF (17.9 KB)

Sealed scheme - Sarah Winifred Hamill (deceased)

The Commission has made a scheme in relation to a bequest by Sarah Winifred Hamill (deceased).  

The draft scheme was open for comments for 30 calendar days, from 1 to 31 August 2014. The Commission did not receive any comments during this time and the scheme, available below, has now been officially sealed by the Commission.

Download 20141125 Sealed scheme - Sarah Winifred Hamill Deceased PDF (19.8 KB)

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