Charities Registration and Regulation Bill

Closed 5 Oct 2018

Opened 24 Aug 2018

Results expected 2 Nov 2018

Overview

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.

Why We Are Consulting

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 Over time, the provisions of that Act have become outdated and additional requirements are necessary so that there is a modern system in place which will enable the public to retain confidence in the Manx charitable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:

  • To update the meaning of ‘charity’ in the Island so that it remains at least as broad as in England and Wales
  • To provide for a modern register of charities which are carrying out activities within the Island
  • To assist charity trustees (however described, eg as trustees, directors or committee members) in the proper delivery of their charity’s objectives, by ensuring that charities have constitutional documents which are fit for purpose and that the process of responding to a changing environment is straightforward and inexpensive;
  • To ensure more effective regulation of charities by increasing reporting requirements and ensuring accountability within the Island on the part of all charities carrying on activities here, in addition to providing for the automatic disqualification of individuals for acting as trustees on the happening of certain events and for consideration of the risk of a charity seeking registration to be used for money laundering activities or the financing of terrorism
  • To improve public service and administrative efficiency  by combining the functions of registrar and regulator in HM Attorney General, thus mirroring the Charity Commission in England and Wales
  • To provide a simplified mechanism for appealing decisions of the registrar/regulator by establishing a Charities Tribunal

Areas

  • All Areas

Audiences

  • Business owner

Interests

  • Economy