A first for the charity regulator

Northern Ireland’s charity regulator has, for the first time, settled a scheme for a charity under section 32 of the Charities Act (Northern Ireland) 2008.

A scheme is a legal document that changes, replaces or extends the trusts of a charity. It may be a fully regulating scheme, covering all aspects of a charity’s administration and purposes, and replacing the previous governing document, or it may be a scheme that adds to or alters some part of the governing document.

In this case, an administrative scheme has been made in relation to the charity, Presbyterian Widows Fund Association.

The charity was incorporated by statute under the Presbyterian Widow’s Fund Association Act 1852 as amended. Where a charity is established by statute, the Commission has the power under section 32 of the 2008 Charities Act to draft and ‘settle’ a scheme, which will take effect either by an order of the Department or by resolution of the Assembly.

In May 2021, the Commission settled a scheme to wind up and apply the assets of the charity under section 32 of the Act. This is the first scheme that has been settled by the Commission under that power.

The order giving effect to the scheme was made by the Department for Communities and came into effect on 23 February 2022. A copy of the scheme is available here and a copy of the order, which gives it effect, is available here.