Exisiting/Revised/New: New
Date of Screening: 15/02/2023
Screening Outcome - Full EQIA recommended: No
In February 2020 the Court of Appeal dismissed the Appeal by CCNI against Madam Justice McBride’s High Court Judgment of May 2019 that found that the Charity Commission do not have implied or express power to delegate their functions to staff acting alone. The Judgment rendered all orders/decisions made by staff unlawful.
The Charities Act (Northern Ireland) 2022 (the 2022 Act) which achieved Royal Assent on 30 March 2022 allows for limited delegation to staff provided that the functions to be delegated are stipulated in a Scheme of Delegation made by the Department following consultation with the Commission and a public consultation.
Prospective Scheme of Delegation for the Charity Commission for Northern Ireland (CCNI)