Consultation on Section 167 of the Charities Act (Northern Ireland) 2008

Overview

The Department for Communities (the Department) is consulting on section 167 (s167) of the Charities Act (Northern Ireland) 2008 (the 2008 Act), which relates to institutions which are not charities under the law of Northern Ireland, but which operate for charitable purposes in or from Northern Ireland. Currently, such institutions can operate in Northern Ireland and are not required to report to the Charity Commission for Northern Ireland (the Commission). It was envisaged that s167 would provide recognition for institutions established in other jurisdictions and allow for a lighter touch regulation than that proposed for charities established under the law of Northern Ireland.  This consultation seeks to determine the continuing need for s167 and if it is to be commenced, the amended form it should take.

S167 in its current form has been found to be inoperable and may not address the issues that it was intended to. For instance, registration as a s167 institution will not make such institutions charities under the law of Northern Ireland and may not therefore, address perceived barriers to funding for these institutions in Northern Ireland.

The Independent Review of Charity Regulation (the Review) made a series of linked recommendations that should be considered by the Department prior to s167 being commenced. This included considering further and clarifying the purpose of regulation under s167 and, in conjunction with stakeholders, assessing necessary and proportionate reporting requirements, clear articulation of policy regarding regulation of s167 institutions in terms of powers available to the Commission to maintain public confidence in the operation of the sector as a whole. Background on s167, and detail of the Review’s recommendations relating to s167 are contained within the Consultation Document which should be read prior to completing this questionnaire.

The Consultation Document can be found here: https://www.communities-ni.gov.uk/consultations/consultation-section-167-charities-act-northern-ireland-2008

Position in other jurisdictions

Charities operating in England & Wales but established in another jurisdiction are not required to register with or report to the Charity Commission for England & Wales (CCEW). Charities operating in Scotland but established in another jurisdiction, with a link to Scotland, must separately register in Scotland. Similarly, charities operating in the Republic of Ireland but established in another jurisdiction, require separate registration in Ireland with the Charities Regulatory Authority (CRA). As s167 has not yet been enacted, institutions established in other jurisdictions can operate in Northern Ireland as they do in England and Wales.

Consultation Description

This consultation seeks your views on the benefits or otherwise of s167 and how the Department might amend it so that it is of use to charities established in other jurisdictions but operating in or from Northern Ireland and the public.

This consultation will shape the policy for s167 as part of the new Charities Bill to amend the 2008 Act to implement recommendations from the Review. We recommend consultees read the information in the Consultation Document to gain a more detailed understanding of the issues surrounding s167 prior to responding.

The questionnaire should not take more than 20 minutes to complete.

Why your views matter

Whether you're a trustee of a charity established in another jurisdiction and operating in Northern Ireland, funder, volunteer, donor, or beneficiary, your voice matters. By responding to the consultation, you can help shape a fairer, more effective regulatory framework that supports trust in the sector while reducing unnecessary burdens. Don’t miss this opportunity to influence the future of charity regulation in Northern Ireland—make your views count.

You do not have to complete every section in the questionnaire if you do not wish to. However, where you have provided an answer to a question it would be helpful if you could explain your answer where requested.

Privacy, Confidentiality and Access to Questionnaire Responses

In the interest of openness and transparency, we will publish the names of respondents whether they be individuals or organisations provided you have given consent. Email addresses will not be published. Respondents should be aware that the sharing of personal information other than name or e-mail address, as well as that of third parties, is not appropriate. For more information about what we do with personal data, please see our questionnaire privacy notice.

In order to facilitate the survey, Citizen Space, which is not operated by DfC, is used as a data processor. Details of Citizen Space's privacy policy can be found online at Citizen Space Privacy Policy. 

It should be noted that although your response will not be published, it may be disclosed on request in accordance with the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (EIR). However, all disclosures will be in line with the requirements of the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation.

Please note that any response marked as (Required) must be completed before you can submit your responses.