New Scheme of Delegation for Charities

The Charity Commission for Northern Ireland (“Commission”) has released guidance on the new Scheme of Delegation for charities (“Scheme”) which is expected to have a positive impact in the charity sector in Northern Ireland. The guidance is summarised below.

Following the Court of Appeal judgment of February 2020 in the case of McKee & Others v Charity Commission for Northern Ireland which ruled that all Commission decisions had to be made by Commissioners rather than staff, there were significant changes to how the Commission would operate.

Following the judgement, rather than staff following manuals completing casework, enquiries, compliance and registration decisions and orders through a committee, the seven Commissioners became responsible for those actions, supported by staff. Consequently, there were some delays and reduction in decisions by the Commission.

This issue was addressed in The Charities Act (Northern Ireland) 2022 which legislated for certain actions being delegated to staff via a Scheme of Delegation. The Scheme was drafted, opened to a public consultation and approved by the Minister for Communities. The process has now completed with the Scheme being published on 21 February 2025, it will be formally adopted by the Commission.

Whilst certain matters, including for example, the decision to open a statutory inquiry, will remain under the remit of the Commissioners, the key impacts are expected to be:

• Expedited decisions making due to the reduction in the administrative burden;
• Quicker responses to charity matters including casework or registration applications; and
• Allowing Commission staff to interact with charity trustees in a more efficient way.

A copy of the Commission’s guidance can be found at: New Scheme of Delegation: an explainer | The Charity Commission for Northern Ireland

A copy of the Scheme can be found at: Scheme of Delegation for the Charity Commission for Northern Ireland | Department for Communities

For advice on the impact on the Scheme for charities or any other charity query, please contact Rosie Timoney or another member of our Charities team.

*This information is for guidance purposes only and does not constitute, nor should be regarded, as a substitute for taking legal advice.