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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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