SCHEDULE 1CONSEQUENTIAL AMENDMENTS
Charities (Northern Ireland) Order 1987 (S.I. 1987/2048 (N.I. 19))92
1
The Charities (Northern Ireland) Order 1987 is amended as follows.
2
In Article 2(2) (interpretation)—
a
for the definition of “company”M1 substitute—
“company” means a company registered under the Companies Act 2006 in Northern Ireland;
b
omit the definition of “the Companies Order”M2.
3
In Article 9 M3 (charitable companies: alteration of objects clause)—
a
in the heading, omit“clause”;
b
for paragraphs (2) and (3) substitute—
2
Where a charity is a company, an amendment of its articles so as to add, remove or alter a statement of the company's objects is ineffective without the prior written consent of the Department.
2A
Where a company that has made an amendment of its articles in accordance with paragraph (2) is required—
a
by section 26 of the Companies Act 2006 to send to the registrar of companies a copy of its articles as amended,
b
by section 30 of that Act to forward to the registrar a copy of the special resolution effecting the alteration, or
c
by section 31 of that Act to give notice to the registrar of the amendment,
the copy or notice must be accompanied by a copy of the Commission's consent.
2B
If more than one of those provisions applies and they are complied with at different times, the company need not send a further copy of the Commission's consent if a copy was sent on an earlier occasion.
3
Section 30(2) to (4) of that Act (offence of failing to comply with section 30) apply in relation to a failure to comply with paragraph (2A) above as in relation to a failure to comply with that section.
4
Omit Article 9A M4 (charitable companies: invalidity of certain transactions).