S.I. No. 315/2010 - Charities Act 2009 (Commencement) Order 2010. (Official Translation)


Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 2nd July, 2010.

I, PAT CAREY, Minister for Community, Equality and Gaeltacht Affairs, in exercise of the powers conferred on me by section 1 (2) of the Charities Act 2009 (No. 6 of 2009) (as adapted by the Community, Rural and Gaeltacht Affairs (Alteration of Name of Department and Title of Minister) Order 2010 ( S.I. No. 215 of 2010 )), hereby order as follows:

1. This Order may be cited as the Charities Act 2009 (Commencement) Order 2010.

2. The 26 day of June 2010 is appointed as the day on which sections 4 and 90 of the Charities Act 2009 (No. 6 of 2009) shall come into operation.

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GIVEN under my Official Seal,

26 June 2010.

PAT CAREY,

Minister for Community, Equality and Gaeltacht Affairs.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

This Order commences sections 4 of the Charities Act 2009 (“the Act”). The purpose of this Order is to allow the Minister to make orders or regulations under the Act - commencement would enable the Minister to make regulations before the new Authority is established, if considered appropriate. Orders and regulations made under the Act shall, except those made under sections 1(2) or section (12), be laid before both Houses of the Oireachtas. An Order or regulation under this Act may be annulled if a resolution annulling such an order or regulation is passed by either House within 21 days.

This Order also commences sections 90 of the Charities Act 2009 (“the Act”). The purpose of this Order is to grant powers in any proceedings to the courts to grant relief to charity trustees from personal liability for breach of trust, where the opinion of the court is that, while the trustee may be liable for the breach, he or she acted in good faith and ought to be excused. In such circumstances, the court may then grant relief in whole or in part under the provisions of section 90 of the Act.