Scotland's Redress Scheme: scheme contributor information

16. Charity Law (Northern Ireland)

117. There may also be charities established in Northern Ireland, who wish to make a contribution to the Scheme. Section 46 and 47 of the Charities Act (Northern Ireland) 2008 (“The 2008 Act”) give the Charity Commission for Northern Ireland (CCNI) the powers to sanction by order, any action proposed or contemplated in the administration of the charity, where it is considered to be in the best interests of the charity. Section 47 of the 2008 Act provides CCNI with the power to by order, exercise the same power as is exercisable by the Attorney General, to authorise the charity trustees to apply charity property or waive its entitlement to receive property, where the charity trustees have no power to, but where in all the circumstances they regard themselves as being under a moral obligation to do so.

118. Therefore, if charity trustees decide that it would be within the best interest of their charity to make a contribution to the Scheme or if they regard themselves as being under a moral obligation, but have no power to do so, they may apply to the CCNI for permission to do so, pursuant to sections 46 and 47 of the 2008 Act respectively. CCNI have published guidance on the steps trustees should follow to get authorisation for certain types of transactions which is available through the link below.

The Charity Commission for Northern Ireland Guidance, “Authorising Transactions: Guidance for charity trustees on getting authorisation for certain types of transactions”