The Attorney General’s Chambers sought your views on proposed new legislation which aims to update and improve the effectiveness of the registration and regulation of Charities in the Island.
The consultation attracted 20 responses. There were a number of categories of respondent, including Statutory Boards, individuals, businesses and a charity. The responses were broadly supportive of the proposals in the Bill, with the creation of a Charities Tribunal, clarification of the meaning of “charitable purpose” and the improvements in regulatory effectiveness being particularly welcomed by a number of responders. Other themes raised included:
We considered the responses and made appropriate amendments to the draft Bill. No amendment has been made in respect of (1), (2) and (3). This is because the purpose of providing a statutory definition of “charitable purpose” is so that the meaning in the Island remains at least as broad as in England and Wales, where the advancement of religion continues to be a charitable purpose. Further, an express purpose of the draft Bill is to ensure more effective regulation, which would be hindered if charities could legitimately operate in/from here without sufficient connection, or if they did not have to provide adequately detailed information as to their activities connected with the Island. However, changes have been made to increase (4) oversight as regards safeguarding matters. Automatic disclosure to the FSA (5) has been replaced with provisions enabling disclosure between public bodies and the Attorney General for the purposes of the discharge of their respective statutory functions. A number of other mostly consequential/technical amendments have also been made to the draft Bill.
The Attorney General's Chambers sought your views on proposed new legislation which aims to update and improve the effectiveness of the registration and regulation of charities on the Island.
A review of the responses received is attached
The purpose of the consultation is to collect views on proposed new legislation which aims to update and improve the effectiveness of the registration and regulation of Charities in the Island.
The registration and regulation of charities is currently provided for by the Charities Registration Act 1989. Over time, the provisions of that Act have become outdated and additional requirements are necessary so that there is a modern system in place which will enable the public to retain confidence in the Manx charitable sector. It is also necessary to take account of recent changes to the meaning of “charity” in England and Wales so that bona fide charities which are established in that jurisdiction are not prevented from carrying on activities here.
The Bill does not seek to make any changes to the nature of an organisation that can register as a charity in the Island, such as imposing an income threshold, nor does it alter the requirement that it have a substantial and genuine connection with the Island. Further, whilst the Bill extends the authority of the Attorney General as regards giving consent to certain steps to be taken by charities, it does not seek to exclude the jurisdiction of the High Court, which is provided by the Charities Act 1962.
The Bill has six main purposes, namely:
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