Skip to content

Request a scheme

Sometimes charities need to update how they work to keep up with changes in society or the communities they serve. Depending on your charity’s legal structure, you may be able to make changes in different ways:

If your charity is a company

You can usually change your governing document (called your articles of association). But if you're changing the charity’s purpose or other key parts, you’ll need approval from the Charity Commission for Northern Ireland before submitting the changes to Companies House or informing HMRC.

If your charity is unincorporated (not a company)

You might already have the power to make changes written into your governing document. If not, you may still be able to make changes using powers in the Charities Act (Northern Ireland) 2008. The Commission has guidance to help with this here: Changing your charity's governing document.

If you can’t make changes using those options, you will need to apply to the Charity Commission for Northern Ireland for a scheme. A scheme is a legal document created by the Commission. It can:

  • change your charity’s purposes.
  • update how your charity is run.
  • replace or extend the rules in your governing document.

There are two main types of scheme the Commission can make, depending on what your charity needs:

  • Cy- près schemes
  • Administrative schemes

An overview of both types of scheme is available below. For more detailed information, see the Requesting a scheme guidance.

Please use the online Request a scheme: application form below to apply to the Commission to make a scheme to change, replace or extend the trusts or purposes of a charity.

Types of scheme

  • These schemes are used to change the purposes of a charity (including dissolution provisions).

    Under section 26 of the Charities Act (Northern Ireland) 2008, the Commission can make a scheme to change the purposes of a charity where the current purposes:

    • can no longer be carried out, or not in the way laid down in the governing document
    • have been fulfilled or adequately provided for in other ways, such as out of public funds
    • do not provide a use for all of the charity's income or property
    • use outdated definitions of areas, places or classes of people
    • have ceased to be charitable in law
    • have stopped being a useful way of using the funds or property, such as providing for very small payments or gifts of food or fuel to beneficiaries
    • where two or more charities with similar purposes want to merge but do not have the legal power to do so.

     

    Some practical examples may be:

    • when the purposes of a charity have become outdated or are preventing the charity from being effective today. The Commission may make a scheme updating and modernising the purposes.
    • when there is a gift to a charity which no longer exists. The Commission may direct that the fund is used to further education in a different way, for example, in the purchase of prizes or to further research.

     

    Where the Commission applies property for alternative purposes, it must ensure that these take account of the ‘spirit’ of the existing purposes and of current social and economic circumstances.

    For further information, see the Requesting a scheme guidance. 

  • These schemes are used to change the administration or running of the charity.

    There are certain scenarios when the Commission can make an administrative scheme. Some examples may be changing:

    • requirements for membership
    • a limitation on the lifetime of a trust
    • the value of rents which can be charged
    • the rules around payments to charity trustees

     

    An administrative scheme will only be made where it is has been demonstrated that it will be expedient in the interests of the charity.

    See the Making administrative changes to a charity guidance for further information. 

  • In a situation where there is doubt as to the application of a legacy in a will, and any form of Trust has been created to administer the gift, an application for a cy-près scheme should be made to the Commission.  For more information, see the Requesting a scheme guidance.

    If the application of a legacy in a will is in doubt, and no Trust has been created, an application for a Royal Sign Manual direction should be made to the Department for Communities.

    Royal Sign Manual is the signature of the monarch. Directions disposing of charitable gifts were signed by the Queen until 3 May 1986 when she delegated her power to dispose of charitable gifts to the Attorney General for England and Wales. 

    In Northern Ireland, under section 23(2) of the Northern Ireland Act 1998, as respects transferred matters, the prerogative and executive powers of His Majesty are exercisable on His Majesty’s behalf by any Minister or Northern Ireland department.  In charity matters, a Royal Sign Manual direction is made by the Minister or Department for Communities. 

    The application for a Royal Sign Manual direction should be sent to the address below (please note that the Department will, in every case, need a sealed copy of the grant of probate or letters of administration with copy will attached):

    Department for Communities
    Charities Team
    Voluntary and Community Unit
    Level 3
    Lighthouse Building
    1 Cromac Place
    Gasworks Business Park
    Ormeau Road
    Belfast  BT7 2JB

    For further contact details, visit The Charities Team (external link) section of the Department for Communities website. 

Section 1

Introduction and contact details

Guidance

Save