Charities (Jersey) Law 2014
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// Codebase: Charities (Jersey) Law 2014
// Author/Contributor: Andrew Mowbray
// Created: 30 July 2023
// Last Updated: 4 August 2023
//
// Charities (Jersey) Law 2014
// Based on Official Consolidated Version 15.070 12 April 2023
//
// This is a yscript representation of Parts 1, 2, 3, 8 and 9.
//
CONTEXT Charities (Jersey) Law 2014
RULE Long Title PROVIDES
The Long Title of this Law is A Law to establish a commissioner and register
of charities, to impose duties on governors of charities, to regulate use of
the term “charity” and for related purposes.
// PART 1
// INTERPRETATION
RULE Article 1 "annual return" PROVIDES
"annual return" means a return sent under Article 13(7)
RULE Article 1 "charitable purpose" PROVIDES
"charitable purpose" has the meaning given by Article 6
RULE Article 1 "Commissioner" PROVIDES
"Commissioner" means the person for the time being appointed to hold the
office of the Jersey Charity Commissioner established by Article 3
RULE Article 1 "company" PROVIDES
"company" means a company registered under the Companies (Jersey) Law 1991,
or an existing company within the meaning of that Law, and in relation to a
company the expressions "director", "memorandum" and "articles of
association" have the same meanings as in that Law
RULE Article 1 "Comptroller" PROVIDES
"Comptroller" has the meaning given by the Revenue Administration (Jersey)
Law 2019
RULE Article 1 "constitution" PROVIDES
"constitution" has the meaning given by Article 2(4)
RULE Article 1 "constitutional Law" PROVIDES
"constitutional Law" has the meaning given by Article 2(5)
RULE Article 1 "court" PROVIDES
"court", in the expression "the court", means the Royal Court
RULE Article 1 "court-approved fidéicommis" PROVIDES
"court-approved fidéicommis" means a fidéicommis created under Article 3 of
the Loi of 1862, or to which the court has extended the benefits of that
Loi under Article 17 of that Loi
RULE Article 1 "donation" PROVIDES
"donation" is to be construed in accordance with the Order made under
Article 9(3)(b)(ii)
RULE Article 1 "entity" PROVIDES
"entity" has the meaning given by Article 2(1)
RULE Article 1 "foundation" PROVIDES
"foundation" means a foundation incorporated under the Foundations
(Jersey) Law 2009, and "charter", "regulations" and "council member" have,
in relation to a foundation, the same meanings as in that Law
RULE Article 1 "general section" PROVIDES
"general section" means the section of the register that is to be
distinguished from the restricted and historic sections under Article 8(2)
RULE Article 1 "governor" PROVIDES
"governor" in relation to an entity (including a registered charity) has the
meaning given by Article 2(7)
RULE Article 1 "incorporated 1862 association" PROVIDES
"incorporated 1862 association" means an association incorporated under
Article 4 of the Loi of 1862
RULE Article 1 "JFSC" PROVIDES
"JFSC" means the Jersey Financial Services Commission established by the
Financial Services Commission (Jersey) Law 1998
RULE Article 1 "Jersey entity" PROVIDES
"Jersey entity" has the meaning given by Article 2(3)
RULE Article 1 "Loi of1862" PROVIDES
"Loi of1862" means the Loi (1862) sur les teneures en fidéicommis et
l'incorporation d'associations
RULE Article 1 "Minister" PROVIDES
"Minister" means the Chief Minister
RULE Article 1 "misconduct" PROVIDES
"misconduct" has the meaning given by Article 2(10), and a reference to a
governor engaging in misconduct is to be read in accordance with
Article 18(4)
RULE Article 1 "prescribed" PROVIDES
"prescribed" and "specified" mean prescribed or specified in an Order or
Regulations, as the case may be
RULE Article 1 "property" PROVIDES
"property" has the meaning given by the Trusts (Jersey) Law 1984
RULE Article 1 "publish" PROVIDES
"publish", in respect of any information, means publish in a manner that,
in the opinion of the person publishing, is likely to bring the
information or how the information may be obtained to the attention of
the public or of those affected by the information
RULE Article 1 "purpose" PROVIDES
"purpose", in relation to an entity, has the meaning given by Article 2(6)
RULE Article 1 "register" PROVIDES
"register" means the register kept by the Commissioner under Article 8,
or (as a verb) to enter an entity on that register, and "registration" and
"deregistration" are to be construed accordingly
RULE Article 1 "registered charitable purposes" PROVIDES
"registered charitable purposes" has the meaning assigned by Article 8(3)(e)
RULE Article 1 "registered charity" PROVIDES
"registered charity" means an entity entered for the time being in the
general section or the restricted section of the register
RULE Article 1 "registered public benefit statement" PROVIDES
"registered public benefit statement" has the meaning assigned by
Article 8(3)(f)
GOAL RULE Article 1 "regulated financial services business" PROVIDES
the business is a "regulated financial services business" as defined in
Article 1 ONLY IF
sub-section (a) of the definition of "regulated financial services
business" applies OR
sub-section (b) of the definition of "regulated financial services
business" applies OR
sub-section (c) of the definition of "regulated financial services
business" applies OR
sub-section (d) of the definition of "regulated financial services
business" applies
RULE Article 1 "regulated financial services business" (a) PROVIDES
sub-section (a) of the definition of "regulated financial services business"
applies ONLY IF
the business is registered under the Banking Business (Jersey) Law 1991
RULE Article 1 "regulated financial services business" (b) PROVIDES
sub-section (b) of the definition of "regulated financial services business"
applies ONLY IF
the business holds a permit or certificate under the Collective Investment
Funds (Jersey) Law 1988
RULE Article 1 "regulated financial services business" (c) PROVIDES
sub-section (c) of the definition of "regulated financial services business"
applies ONLY IF
the business is registered under the Financial Services (Jersey) Law 1998
RULE Article 1 "regulated financial services business" (d) PROVIDES
sub-section (d) of the definition of "regulated financial services
business" applies ONLY IF
the business is authorized by a permit under the Insurance Business
(Jersey) Law 1996
RULE Article 1 "reportable matter" PROVIDES
"reportable matter" has the meaning given by Article 19
RULE Article 1 "required steps notice" PROVIDES
"required steps notice" means a notice served under Article 27
RULE Article 1 "restricted section" PROVIDES
"restricted section" means the section of the register that is to be distinguished from the general and historic sections under Article 8(2)
RULE Article 1 "solicit" PROVIDES
"solicit" is to be construed in accordance with the Order made under
Article 9(3)(b)(i)
RULE Article 1 "tribunal" PROVIDES
"tribunal" means the Charity Tribunal established by Article 32
RULE Article 1 "trust" PROVIDES
"trust" means a trust over which the court has jurisdiction under Article 5
of the Trusts (Jersey) Law 1984
GOAL RULE Article 2 - Definition of entity and related terms PROVIDES
the organisation is an "entity" under Article 2 ONLY IF
article 2(1) applies OR
article 2(2) applies
SUBRULE Article 2(3)
SUBRULE Article 2(4)
SUBRULE Article 2(5)
SUBRULE Article 2(6)
SUBRULE Article 2(7)
SUBRULE Article 2(8)
RULE Article 2(1) PROVIDES
article 2(1) applies ONLY IF
article 2(1)(a) applies OR
article 2(1)(b) applies OR
article 2(1)(c) applies OR
article 2(1)(d) applies OR
article 2(1)(e) applies OR
article 2(1)(f) applies OR
article 2(1)(g) applies OR
article 2(1)(h) applies OR
article 2(1)(i) applies OR
article 2(1)(j) applies
RULE Article 2(1)(a) PROVIDES
article 2(1)(a) applies ONLY IF
the organisation is a person or persons, taken together, who are the
trustees of a trust
RULE Article 2(1)(b) PROVIDES
article 2(1)(b) applies ONLY IF
the organisation is a person or persons, taken together, who are the
fidéicommissaires of a court-approved fidéicommis
RULE Article 2(1)(c) PROVIDES
article 2(1)(c) applies ONLY IF
the organisation is an incorporated 1862 association
RULE Article 2(1)(d) PROVIDES
article 2(1)(d) applies ONLY IF
the organisation is a foundation
RULE Article 2(1)(e) PROVIDES
article 2(1)(e) applies ONLY IF
article 2(1)(e)(i) applies AND
article 2(1)(e)(ii) applies OR
article 2(1)(e)(iii) applies
RULE Article 2(1)(e)(i) PROVIDES
article 2(1)(e)(i) applies ONLY IF
the organisation is a body corporate established by an enactment
RULE Article 2(1)(e)(ii) PROVIDES
article 2(1)(e)(ii) applies ONLY IF
the organisation is a body corporate established by Act of the States
RULE Article 2(1)(e)(iii) PROVIDES
article 2(1)(e)(iii) applies ONLY IF
the organisation is a body corporate established by Royal Charter,
in relation to Jersey
RULE Article 2(1)(f) PROVIDES
article 2(1)(f) applies ONLY IF
the organisation is a company
RULE Article 2(1)(g) PROVIDES
article 2(1)(g) applies ONLY IF
the organisation is a body incorporated under, but not by, any enactment
other than the Companies (Jersey) Law 1991
RULE Article 2(1)(h) PROVIDES
article 2(1)(h) applies ONLY IF
the organisation is a body incorporated under, but not by, an Act of the
United Kingdom Parliament or Order in Council, as such Act or Order is
extended to or applicable in Jersey
RULE Article 2(1)(i) PROVIDES
article 2(1)(i) applies ONLY IF
the organisation consists of persons, taken together, who constitute for
the time being an unincorporated body or association of persons, other
than a partnership and other than the trustees of a trust
RULE Article 2(1)(j) PROVIDES
article 2(1)(j) applies ONLY IF
the organisation is an entity that is substantially similar to an entity
mentioned in any of sub-paragraphs (a) to (h), but is established under
the law of a jurisdiction other than Jersey
RULE Article 2(2) PROVIDES
article 2(2) applies ONLY IF
the organisation is an entity under a category added to 2(1) made by
Order of the Minister
RULE Article 2(3) PROVIDES
the entity is a "Jersey entity" as defined under Article 2(3) ONLY IF
article 2(3)(a) applies OR
article 2(3)(b) applies
RULE Article 2(3)(a) PROVIDES
article 2(3)(a) applies ONLY IF
article 2(1)(a) applies OR
article 2(1)(b) applies OR
article 2(1)(c) applies OR
article 2(1)(d) applies OR
article 2(1)(e) applies OR
article 2(1)(f) applies OR
article 2(1)(g) applies OR
article 2(1)(h) applies
RULE Article 2(3)(b) PROVIDES
article 2(3)(b) applies ONLY IF
article 2(3)(b)(i) applies AND
article 2(3)(b)(ii) applies
RULE Article 2(3)(b)(i) PROVIDES
article 2(3)(b)(i) applies ONLY IF
the law governing the relationship between the persons constituting the
body or association, in that capacity, is the law of Jersey
RULE Article 2(3)(b)(ii) PROVIDES
article 2(3)(b)(ii) applies ONLY IF
at least one governor is a natural person resident in Jersey, or is itself
a Jersey entity by virtue of sub-paragraph (a)
RULE Article 2(4) PROVIDES
IF article 2(1)(a) applies THEN
article 2(4)(a) applies
ELSE IF article 2(1)(b) applies THEN
article 2(4)(b) applies
ELSE IF article 2(1)(c) applies THEN
article 2(4)(c) applies
ELSE IF article 2(1)(d) applies THEN
article 2(4)(d) applies
ELSE IF article 2(1)(e) applies THEN
article 2(4)(e) applies
ELSE IF article 2(1)(f) applies THEN
article 2(4)(f) applies
ELSE
article 2(4)(g) applies
RULE Article 2(4)(a) PROVIDES
IF article 2(4)(a) applies THEN
the term "constitution" means the terms of the trust
RULE Article 2(4)(b) PROVIDES
IF article 2(4)(b) applies THEN
the term "constitution" means the minute of the contract annexed to the
application to the court for the creation of the fidéicommis, any other
documents so annexed, and any authorisation granted by the court under
Article 10 of the Loi of 1862 in respect of the fidéicommis
RULE Article 2(4)(c) PROVIDES
IF article 2(4)(c) applies THEN
the term "constitution" means the Act of the court incorporating it under
Article 4 of the Loi of 1862, and the object and rules approved or
modified under that Article
RULE Article 2(4)(d) PROVIDES
IF article 2(4)(d) applies THEN
the term "constitution" means the charter and regulations of the foundation
RULE Article 2(4)(e) PROVIDES
IF article 2(4)(f) applies THEN
the term "constitution" means the memorandum and articles of association of the company
RULE Article 2(4)(f) PROVIDES
IF article 2(4)(e) applies THEN
the term "constitution" means the enactment, Act of the States or Royal
Charter that established the body corporate
RULE Article 2(4)(g) PROVIDES
IF article 2(4)(g) applies THEN
the term "constitution" means any instrument or instruments (in whatever
form) that establish the entity or give it any powers
RULE Article 2(5) PROVIDES
IF article 2(1)(a) applies THEN
article 2(5)(a) applies
ELSE IF article 2(1)(b) applies OR article 2(1)(c) applies THEN
article 2(5)(b) applies
ELSE IF article 2(1)(d) applies THEN
article 2(5)(c) applies
ELSE IF article 2(1)(f) applies THEN
article 2(5)(d) applies
ELSE
article 2(5)(e) applies
RULE Article 2(5)(a) PROVIDES
IF article 2(5)(a) applies THEN
the term "constitutional law" means the Trusts (Jersey) Law 1984
RULE Article 2(5)(b) PROVIDES
IF article 2(5)(b) applies THEN
the term "constitutional law" means the Loi of 1862
RULE Article 2(5)(c) PROVIDES
IF article 2(5)(c) applies THEN
article 2(5)(c) applies ONLY IF
the term "constitutional law" means the Foundations (Jersey) Law 2009
RULE Article 2(5)(d) PROVIDES
article 2(5)(d) applies ONLY IF
the term "constitutional law" means the Companies (Jersey) Law 1991
RULE Article 2(5)(e) PROVIDES
article 2(5)(e) applies ONLY IF
the term "constitutional law" means the Law under which the entity
was incorporated
RULE Article 2(6) PROVIDES
IF article 2(1)(a) applies THEN
article 2(6)(a) applies
ELSE IF article 2(1)(b) applies OR article 2(1)(c) applies THEN
article 2(6)(b) applies
ELSE IF article 2(1)(d) applies THEN
article 2(6)(c) applies
ELSE
article 2(6)(d) applies
RULE Article 2(6)(a) PROVIDES
IF article 2(6)(a) applies THEN
the term "purpose" in relation to an entity means the benefit of its
beneficiaries or any other purpose mentioned in Article 2(b) of the
Trusts (Jersey) Law 1984 by virtue of which the trust exists, as
specified in its constitution
RULE Article 2(6)(b) PROVIDES
IF article 2(6)(b) applies THEN
the term "purpose" in relation to an entity means the objects for which it
was created or incorporated, or that were subsequently authorized under
Article 10 of the Loi of 1862
RULE Article 2(6)(c) PROVIDES
IF article 2(6)(c) applies THEN
the term "purpose" in relation to an entity means the objects specified
in its charter or its regulations
RULE Article 2(6)(d) PROVIDES
article 2(6)(d) applies ONLY IF
the term "purpose in relation to an entity means a purpose to which that
entity's property may lawfully be applied, other than by virtue of an
order of a court, in accordance with the powers of the entity as set out
in its constitution (including on its winding up or other termination)
RULE Article 2(7) PROVIDES
IF article 2(1)(a) applies OR article 2(1)(b) applies THEN
article 2(7)(a) applies
ELSE IF article 2(1)(c) applies THEN
article 2(7)(b) applies
ELSE IF article 2(1)(f) applies THEN
article 2(7)(c) applies
ELSE IF article 2(8) applies THEN
article 2(7)(d) applies
ELSE
article 2(7)(e) applies
RULE Article 2(7)(a) PROVIDES
IF article 2(7)(a) applies THEN
the term "governor in relation to an entity means a trustee or
fidéicommissaire of the trust or fidéicommis
RULE Article 2(7)(b) PROVIDES
IF article 2(7)(b) applies THEN
the term "governor in relation to an entity means a member of the council
of the foundation
RULE Article 2(7)(c) PROVIDES
IF article 2(7)(c) applies THEN
the term "governor in relation to an entity means a director of the company
RULE Article 2(7)(d) PROVIDES
IF article 2(7)(d) applies THEN
the term "governor in relation to an entity means a person who is a
member of the management committee of the entity
RULE Article 2(7)(e) PROVIDES
IF article 2(7)(e) applies THEN
the term "governor in relation to an entity means a person who, under the
constitution of the entity, has the general control and management of
the administration of the entity
RULE Article 2(8) PROVIDES
article 2(8) applies ONLY IF
article 2(8)(a) applies AND
article 2(8)(b) applies
RULE Article 2(8)(a) PROVIDES
article 2(8)(a) applies ONLY IF
article 2(1)(i) applies
RULE Article 2(8)(b) PROVIDES
article 2(8)(b) applies ONLY IF
article 2(8)(b)(i) applies AND
article 2(8)(b)(ii) applies
RULE Article 2(8)(b)(i) PROVIDES
article 2(8)(b)(i) applies ONLY IF
the constitution conforms to a model that is published for the purpose
by the Commissioner
RULE Article 2(8)(b)(ii) PROVIDES
article 2(8)(b)(ii) applies ONLY IF
the constitution conforms to a model that provides for the entity to
have a management committee
RULE Article 2(9) PROVIDES
IF article 2(7)(e) applies THEN
a person is not a governor merely by virtue of exercising general
control and management on behalf of another person who has the general
control and management in that other person's own right under the
constitution of the entity AND
a person is a governor whether that person has that general control and
management alone or as one of a number of governors
RULE Article 2(10) PROVIDES
there is a breach of Article 2(10) ONLY IF
article 2(10)(a) applies OR
article 2(10)(b) applies
RULE Article 2(10)(a) PROVIDES
article 2(10)(a) applies ONLY IF
article 2(10)(a)(i) applies OR
article 2(10)(a)(ii) applies OR
article 2(10)(a)(iii) applies OR
article 2(10)(a)(iv) applies
RULE Article 2(10)(a)(i) PROVIDES
article 2(10)(a)(i) applies ONLY IF
there has been a contravention, by a registered charity or by any of
its governors, of a provision of this Law, or of any enactment under
this Law
RULE Article 2(10)(a)(ii) PROVIDES
article 2(10)(a)(ii) applies ONLY IF
there has been a contravention, by a registered charity or by any of
its governors, of a provision of the constitution of the registered
charity, or of the constitutional Law of the charity
RULE Article 2(10)(a)(iii) PROVIDES
article 2(10)(a)(iii) applies ONLY IF
there has been a contravention, by a registered charity or by any of
its governors, of a provision of a required steps notice
RULE Article 2(10)(a)(iv) PROVIDES
article 2(10)(a)(iv) applies ONLY IF
there has been a contravention, by a registered charity or by any of
its governors, of a provision of an order of the court under this Law
or under the constitutional Law of the charity, or under any enactment
under such a Law
RULE Article 2(10)(b) PROVIDES
article 2(10)(b) applies ONLY IF
article 2(10)(b)(i) applies OR
article 2(10)(b)(ii) applies OR
article 2(10)(b)(iii) applies OR
article 2(10)(b)(iv) applies OR
article 2(10)(b)(v) applies OR
article 2(10)(b)(vi) applies
RULE Article 2(10)(b)(i) PROVIDES
article 2(10)(b)(i) applies ONLY IF
there has been the commission by any person, in relation a registered
charity or to an excepted foreign charity (within the meaning of Article
22) or to an entity equivalent to a registered charity under the law
of a jurisdiction other than Jersey, of an offence under the
constitutional Law of that charity or other entity
RULE Article 2(10)(b)(ii) PROVIDES
article 2(10)(b)(ii) applies ONLY IF
there has been the commission by any person, in relation a registered
charity or to an excepted foreign charity (within the meaning of Article
22) or to an entity equivalent to a registered charity under the law of a
jurisdiction other than Jersey, of an offence under the Financial
Services (Jersey) Law 1998, the Banking Business (Jersey) Law 1991, the
Collective Investment Funds (Jersey) Law 1988, the Insurance Business
(Jersey) Law 1996, any Regulation or Order made under any of those Laws,
or the Alternative Investment Funds (Jersey) Regulations 2012
RULE Article 2(10)(b)(iii) PROVIDES
article 2(10)(b)(iii) applies ONLY IF
there has been the commission by any person, in relation a registered
charity or to an excepted foreign charity (within the meaning of Article
22) or to an entity equivalent to a registered charity under the law of a
jurisdiction other than Jersey, of an offence under the Income Tax
(Jersey) Law 1961, the Goods and Services Tax (Jersey) Law2007, or
the Taxation (Land Transactions) (Jersey) Law 2009
RULE Article 2(10)(b)(iv) PROVIDES
article 2(10)(b)(iv) applies ONLY IF
there has been the commission by any person, in relation a registered
charity or to an excepted foreign charity (within the meaning of Article
22) or to an entity equivalent to a registered charity under the law of a
jurisdiction other than Jersey, of an offence under any other enactment,
being an offence relating to money laundering or terrorist financing
RULE Article 2(10)(b)(v) PROVIDES
article 2(10)(b)(v) applies ONLY IF
there has been the commission by any person, in relation a registered
charity or to an excepted foreign charity (within the meaning of Article
22) or to an entity equivalent to a registered charity under the law of a
jurisdiction other than Jersey, of an offence under any other enactment
or under customary law, being an offence involving deception or
dishonesty
RULE Article 2(10)(b)(vi) PROVIDES
article 2(10)(b)(vi) applies ONLY IF
there has been the commission by any person, in relation a registered
charity or to an excepted foreign charity (within the meaning of Article
22) or to an entity equivalent to a registered charity under the law of a
jurisdiction other than Jersey, of an offence under the law of a
jurisdiction other than Jersey, being an offence similar to any of those
listed in Article 2(10) clauses (i) to (v)
// PART 2
// JERSEY CHARITY COMMISSIONER
GOAL RULE Article 3 - Establishment of Jersey Charity Commissioner PROVIDES
SUBRULE Article 3(1)
SUBRULE Article 3(2)
RULE Article 3(1) PROVIDES
there is established a corporation sole to be known as the Jersey Charity
Commissioner
RULE Article 3(2) PROVIDES
schedule 1 makes further provision in respect of the Commissioner
GOAL RULE Article 4 - General functions of Commissioner PROVIDES
the act of the Commissioner is permitted under Article 4 ONLY IF
the act is authorised by Article 4(3) AND/OR
the act of the Commissioner is permitted under Article 4(2) AND
the Commissioner has satisfied their obligations under Article 4(4)
RULE Article 4(1) PROVIDES
the function is a general function of the Commissioner under Article 4(1)
ONLY IF
article 4(1)(a) applies OR
article 4(1)(b) applies OR
article 4(1)(c) applies OR
article 4(1)(d) applies OR
article 4(1)(e) applies OR
article 4(1)(f) applies OR
article 4(1)(g) applies
RULE Article 4(1)(a) PROVIDES
article 4(1)(a) applies ONLY IF
the function is to administer the charity test under Part 3, and to
operate the charity register under Part 4
RULE Article 4(1)(b) PROVIDES
article 4(1)(b) applies ONLY IF
the function is to supervise the compliance of charity governors with
their duties under Part 5
RULE Article 4(1)(c) PROVIDES
article 4(1)(c) applies ONLY IF
the function is to seek to enforce the requirements of Part 6 as to use of
terms restricted by or under that Part
RULE Article 4(1)(d) PROVIDES
article 4(1)(d) applies ONLY IF
the function is to publish and maintain guidance on the operation of this
Law, including guidance on the duties of governors and guidance on the
charity test under Article 5(4)
RULE Article 4(1)(e) PROVIDES
article 4(1)(e) applies ONLY IF
the function is to assist other persons (including the Attorney General,
the court, the Bailiff, the Comptroller and the JFSC) to discharge, in
relation to registered charities and entities with charitable purposes,
any function of such a person under any enactment or law, particularly
by giving information about registered charities and other entities
under Part 7
RULE Article 4(1)(f) PROVIDES
article 4(1)(f) applies ONLY IF
the function is generally to encourage, facilitate and monitor compliance
of registered charities with this Law and any enactment under this Law
RULE Article 4(1)(g) PROVIDES
article 4(1)(g) applies ONLY IF
the function is any other function conferred on the Commissioner by this
Law or by any other enactment
RULE Article 4(2) PROVIDES
the act of the Commissioner is permitted under Article 4(2) ONLY IF
the Commissioner is not acting as a governor of a charity or an entity
with charitable purposes AND
the act is authorised by Article 4(3) AND/OR
the act is calculated to facilitate the performance of any of his or her
functions AND/OR
the act is conducive or incidental to the performance of any of his or her
functions AND
the function is a general function of the Commissioner under Article 4(1)
RULE Article 4(3) PROVIDES
the act is authorised by Article 4(3) ONLY IF
article 4(3)(a) applies OR
article 4(3)(b) applies OR
article 4(3)(c) applies
RULE Article 4(3)(a) PROVIDES
article 4(3)(a) applies ONLY IF
the act is the provision by the Commissioner of information to the public
about the system of registration of charities, including information
about the difference between charities and bodies with charitable
purposes, information about the advantages of donating to entities that
are registered as charities, and information by way of model
constitutions
RULE Article 4(3)(b) PROVIDES
article 4(3)(b) applies ONLY IF
the act is to advise the Minister as to the nature of charities in Jersey
and as to the merits of any proposal for further regulation of charities
RULE Article 4(3)(c) PROVIDES
article 4(3)(c) applies ONLY IF
the act is to assist a body in any jurisdiction other than Jersey, that is
equivalent to the Commissioner, or to the Attorney General, the court,
the Comptroller or the JFSC, in the performance of that body's functions
under the law of that jurisdiction
RULE Article 4(4) PROVIDES
the Commissioner has satisfied their obligations under Article 4(4) ONLY IF
article 4(4)(a) is satisfied AND
article 4(4)(b) is satisfied
RULE Article 4(4)(a) PROVIDES
article 4(4)(a) is satisfied ONLY IF
article 4(4)(a)(i) applies AND
article 4(4)(a)(ii) applies
RULE Article 4(4)(a)(i) PROVIDES
article 4(4)(a)(i) applies ONLY IF
the Commissioner has sought to act in a way that
protects public trust and confidence in registered charities, and is
compatible with the encouragement of all forms of charitable giving
RULE Article 4(4)(a)(ii) PROVIDES
article 4(4)(a)(ii) applies ONLY IF
the Commissioner has sought to act in a way that
protects public trust and confidence in registered charities, and is
compatible with the encouragement of voluntary participation in the
work of registered charities
RULE Article 4(4)(b) PROVIDES
article 4(4)(b) is satisfied ONLY IF
the Commissioner has sought to act in a way that
is proportionate as to the burdens imposed on, and supports the
development of registered charities
// PART 3
// CHARITY TEST
GOAL RULE Article 5 - The charity test PROVIDES
the entity meets the charity test ONLY IF
article 5(1) applies AND
article 5(2) does not apply AND/OR
article 5(3) applies AND
article 5(5) is satisfied
ASSERT the Commissioner has satisfied the obligation to provide guidance in
relation to the charity test ONLY IF
article 5(4) is satisfied AND
article 5(6) applies AND
article 5(7) is satisfied AND
article 5(8) is satisfied AND
article 7(4) is satisfied
RULE Article 5(1) PROVIDES
article 5(1) applies ONLY IF
article 5(1)(a) applies AND
article 5(1)(b) applies
RULE Article 5(1)(a) PROVIDES
article 5(1)(a) applies ONLY IF
article 5(1)(a)(i) applies OR
article 5(1)(a)(ii) applies
RULE Article 5(1)(a)(i) PROVIDES
article 5(1)(a)(i) applies ONLY IF
all of the entity's purposes are charitable purposes
RULE Article 5(1)(a)(ii) PROVIDES
article 5(1)(a)(ii) applies ONLY IF
all of the entity's purposes are purposes that are purely ancillary or
incidental to any of its charitable purposes
RULE Article 5(1)(b) PROVIDES
article 5(1)(b) applies ONLY IF
the entity is a registered charity AND
the entity provides public benefit in Jersey or elsewhere to a
reasonable degree OR
the entity is not a registered charity AND
the entity intended to provide public benefit in Jersey or elsewhere to a
reasonable degree
RULE Article 5(2) PROVIDES
article 5(2) applies ONLY IF
article 5(2)(a) applies OR
article 5(2)(b) applies OR
article 5(2)(c) applies
RULE Article 5(2)(a) PROVIDES
article 5(2)(a) applies ONLY IF
the entity's constitution expressly permits its activities to be directed
or otherwise controlled by, or any of its governors to be a Minister,
acting in that capacity
RULE Article 5(2)(b) PROVIDES
article 5(2)(b) applies ONLY IF
the entity's constitution expressly permits its activities to be directed
or otherwise controlled by, or any of its governors to be a member of
the States Assembly, acting in that capacity
RULE Article 5(2)(c) PROVIDES
article 5(2)(c) applies ONLY IF
the entity's constitution expressly permits its activities to be directed
or otherwise controlled by, or any of its governors to be any equivalent
of such a person in another jurisdiction, acting in that capacity
RULE Article 5(3) PROVIDES
article 5(3) applies ONLY IF
the Minister has issued an Order disapplying paragraph 5(2) in relation
to any entity or description of entity specified in the Order
RULE Article 5(4) PROVIDES
article 5(4) is satisfied ONLY IF
the Commissioner has published and maintained guidance on the determination
of whether an entity meets the charity test
RULE Article 5(5) PROVIDES
article 5(5) is satisfied ONLY IF
guidance published by the Commissioner under Article 5(5) has been
taken into account
RULE Article 5(6) PROVIDES
article 5(6) applies ONLY IF
article 5(6)(a) applies AND
article 5(6)(b) applies
RULE Article 5(6)(a) PROVIDES
article 5(6)(a) applies ONLY IF
article 5(6)(a)(i) applies AND
article 5(6)(a)(ii) applies AND
article 5(6)(a)(iii) applies
RULE Article 5(6)(a)(i) PROVIDES
article 5(6)(a)(i) applies ONLY IF
the Commissioner has consulted any persons appearing to the Commissioner
to be representative of charities or bodies with charitable purposes
before issuing or amending guidance
RULE Article 5(6)(a)(ii) PROVIDES
article 5(6)(a)(ii) applies ONLY IF
the Commissioner has consulted the Minister before issuing or amending
guidance
RULE Article 5(6)(a)(iii) PROVIDES
article 5(6)(a)(iii) applies ONLY IF
the Commissioner has consulted such other persons as the Commissioner
considers appropriate before issuing or amending guidance
RULE Article 5(6)(b) PROVIDES
article 5(6)(b) applies ONLY IF
the Commissioner has published a report on the Commissioner's views on the
results of the consultation, and the reasons for the Commissioner's
decision on the guidance in the light of those results before issuing or
amending guidance
RULE Article 5(7) PROVIDES
article 5(7) is satisfied ONLY IF
the Commissioner has provided to the Minister a copy of the issued or
amended guidance and the report published under paragraph (6)(b)
within a reasonable time after issuing or amending guidance
RULE Article 5(8) PROVIDES
article 5(8) is satisfied ONLY IF
the Minister has laid a copy of the guidance and report so provided
before the States as soon as practicable after the Minister receives the
guidance and report
GOAL RULE Article 6 - Charitable purposes PROVIDES
a purpose is a charitable purpose ONLY IF
article 6(1) applies AND
article 6(5) does not apply
RULE Article 6(1) PROVIDES
article 6(1) applies ONLY IF
article 6(1)(a) applies OR
article 6(1)(b) applies OR
article 6(1)(c) applies OR
article 6(1)(d) applies OR
article 6(1)(e) applies OR
article 6(1)(f) applies OR
article 6(1)(g) applies OR
article 6(1)(h) applies OR
article 6(1)(i) applies OR
article 6(1)(j) applies OR
article 6(1)(k) applies OR
article 6(1)(l) applies OR
article 6(1)(m) applies OR
article 6(1)(n) applies OR
article 6(1)(o) applies OR
article 6(1)(p) applies
RULE Article 6(1)(a) PROVIDES
article 6(1)(a) applies ONLY IF
the purpose is for the prevention or relief of poverty
RULE Article 6(1)(b) PROVIDES
article 6(1)(b) applies ONLY IF
the purpose is for the advancement of education
RULE Article 6(1)(c) PROVIDES
article 6(1)(c) applies ONLY IF
the purpose is for the advancement of religion
RULE Article 6(1)(d) PROVIDES
article 6(1)(d) applies ONLY IF
the purpose is for the advancement of health
RULE Article 6(1)(e) PROVIDES
article 6(1)(e) applies ONLY IF
the purpose is for the saving of lives
RULE Article 6(1)(f) PROVIDES
article 6(1)(f) applies ONLY IF
the purpose is for the advancement of citizenship or community development
RULE Article 6(1)(g) PROVIDES
article 6(1)(g) applies ONLY IF
the purpose is for the advancement of the arts, heritage, culture or
science
RULE Article 6(1)(h) PROVIDES
article 6(1)(h) applies ONLY IF
the purpose is for the advancement of public participation in sport AND
article 6(2)(c) applies
RULE Article 6(1)(i) PROVIDES
article 6(1)(i) applies ONLY IF
the purpose is for the provision of recreational facilities, or the
organisation of recreational activities, with the object of improving
the conditions of life for the persons for whom the facilities or
activities are primarily intended AND
article 6(2)(d) applies
RULE Article 6(1)(j) PROVIDES
article 6(1)(j) applies ONLY IF
the purpose is for the advancement of human rights, conflict resolution or
reconciliation
RULE Article 6(1)(k) PROVIDES
article 6(1)(k) applies ONLY IF
the purpose is for the promotion of religious or racial harmony
RULE Article 6(1)(l) PROVIDES
article 6(1)(l) applies ONLY IF
the purpose is for the promotion of equality and diversity
RULE Article 6(1)(m) PROVIDES
article 6(1)(m) applies ONLY IF
the purpose is for the advancement of environmental protection or
improvement
RULE Article 6(1)(n) PROVIDES
article 6(1)(n) applies ONLY IF
the purpose is for the relief of those in need by reason of age,
ill-health, disability, financial hardship or other disadvantage
RULE Article 6(1)(o) PROVIDES
article 6(1)(o) applies ONLY IF
the purpose is for the advancement of animal welfare
RULE Article 6(1)(p) PROVIDES
article 6(1)(p) applies ONLY IF
the purpose is for any other purpose that may reasonably be regarded as
analogous to any of the purposes listed in Article 6(1)(a) to (o)
RULE Article 6(2) PROVIDES
SUBRULE Article 6(2)(a)
SUBRULE Article 6(2)(b)
SUBRULE Article 6(2)(c)
SUBRULE Article 6(2)(d)
SUBRULE Article 6(2)(e)
SUBRULE Article 6(2)(f)
RULE Article 6(2)(a) PROVIDES
IF the purpose is for the prevention or relief of sickness or human
suffering THEN
the purpose is for the advancement of health
RULE Article 6(2)(b) PROVIDES
IF article 6(2)(b)(i) applies OR article 6(2)(b)(ii) applies THEN
the purpose is for the advancement of citizenship or community development
RULE Article 6(2)(b)(i) PROVIDES
article 6(2)(b)(i) applies ONLY IF
the purpose is for rural or urban regeneration
RULE Article 6(2)(b)(ii) PROVIDES
article 6(2)(b)(ii) applies ONLY IF
the purpose is for the promotion of civic responsibility, volunteering,
the voluntary sector or the effectiveness or efficiency of registered
charities
RULE Article 6(2)(c) PROVIDES
article 6(2)(c) applies ONLY IF
the sport involves physical skill and exertion
RULE Article 6(2)(d) PROVIDES
article 6(2)(d) applies ONLY IF
article 6(2)(d)(i) applies OR
article 6(2)(d)(ii) applies
RULE Article 6(2)(d)(i) PROVIDES
article 6(2)(d)(i) applies ONLY IF
the recreational facilities or activities are primarily intended for
persons who have need of them by reason of their age, ill-health,
disability, financial hardship or other disadvantage
RULE Article 6(2)(d)(ii) PROVIDES
article 6(2)(d)(ii) applies ONLY IF
the recreational facilities or activities that are available to members
of the public at large or to male or female members of the public at
large
RULE Article 6(2)(e) PROVIDES
IF the purpose is for the provision of accommodation or care by reason of age,
ill-health, disability, financial hardship or other disadvantage THEN
the purpose is for the relief of those in need by reason of age,
ill-health, disability, financial hardship or other disadvantage
RULE Article 6(2)(f) PROVIDES
IF the purpose is for the advancement of any philosophical belief (whether
or not involving belief in a god) THEN
article 6(1)(n) applies
RULE Article 6(3) PROVIDES
article 6(3) applies ONLY IF
article 6(3)(a) applies OR
article 6(3)(b) applies
RULE Article 6(3)(a) PROVIDES
article 6(3)(a) applies ONLY IF
the States have, on the recommendation of the Commissioner, by Regulations
add sub-paragraphs to paragraph Article 6(1)
RULE Article 6(3)(b) PROVIDES
article 6(3)(b) applies ONLY IF
the States have, on the recommendation of the Commissioner, by Regulations
added sub-paragraphs to paragraph 6(2) making explanatory provision in
relation to any sub-paragraphs so added to paragraph (1)
RULE Article 6(4) PROVIDES
article 6(4) applies ONLY IF
article 6(4)(a) applies OR
article 6(4)(b) applies
RULE Article 6(4)(a) PROVIDES
article 6(4)(a) applies ONLY IF
the States have amended or restricted the effect of any of paragraphs
6(1)(a) to (p) and (2)(a) to (f)
RULE Article 6(4)(b) PROVIDES
article 6(4)(b) applies ONLY IF
the States have altered the effect of paragraph 6(5)
RULE Article 6(5) PROVIDES
article 6(5) applies ONLY IF
the purpose is for of advancing a political party OR
the purpose is for promoting a candidate for election to any office,
whether in Jersey or elsewhere
GOAL RULE Article 7 - Public benefit PROVIDES
the requirements set out in Article 7 are satisfied ONLY IF
article 7(1) applies AND
article 7(2) is satisfied AND
article 7(3) does not apply
RULE Article 7(1) PROVIDES
article 7(1) applies ONLY IF
there is a determination by the the Commissioner, the tribunal or the court
regarding the question of whether an entity provides or intends to provide
public benefit, for the purpose of Article 5(1)(b)
RULE Article 7(2) PROVIDES
article 7(2) is satisfied ONLY IF
article 7(2)(a) applies AND
article 7(2)(b) applies
RULE Article 7(2)(a) PROVIDES
article 7(2)(a) applies ONLY IF
article 7(2)(a)(i) applies AND
article 7(2)(a)(ii) applies
RULE Article 7(2)(a)(i) PROVIDES
article 7(2)(a)(i) applies ONLY IF
regard has been had as to how any benefit gained or likely to be gained
by members of the entity or any other persons (other than as members of
the public)
RULE Article 7(2)(a)(ii) PROVIDES
article 7(2)(a)(ii) applies ONLY IF
regard has been had as to how any disbenefit incurred or likely to be
incurred by the public, in consequence of the entity exercising its
functions, compares with the benefit gained or likely to be gained by
the public in that consequence
RULE Article 7(2)(b) PROVIDES
article 7(2)(b) applies ONLY IF
the benefit is to the public generally OR
regard has been has in relation to whether any condition on obtaining
any benefit (including any charge or fee) is unduly restrictive
RULE Article 7(3) PROVIDES
article 7(3) applies ONLY IF
article 7(3)(a) applies AND
article 7(3)(b) applies
RULE Article 7(3)(a) PROVIDES
article 7(3)(a) applies ONLY IF
the person determining the question has presumed any particular charitable
purpose to be for the public benefit
RULE Article 7(3)(b) PROVIDES
article 7(3)(b) applies ONLY IF
the person determining the question has treated one particular natural
person or a group of identified natural persons as being a section of
the public, and accordingly must not treat an entity that benefits only
such a person or persons as providing public benefit
RULE Article 7(4) PROVIDES
article 7(4) is satisfied ONLY IF
The Commissioner has provided guidance on the determination of the question
of whether an entity provides or intends to provide public benefit
/*
// PART 4 -- *** INCOMPLETE ***
// CHARITY REGISTER
RULE Article 8 - Charity register PROVIDES
SUBRULE Article 8(1)
SUBRULE Article 8(2)
SUBRULE Article 8(3)
SUBRULE Article 8(4)
SUBRULE Article 8(5)
SUBRULE Article 8(6)
RULE Article 8(1) PROVIDES
the Commissioner must establish and maintain a register of charities
RULE Article 8(2) PROVIDES
article 8(2) applies ONLY IF
article 8(2)(a) applies AND
article 8(2)(b) applies AND
article 8(2)(c) applies
RULE Article 8(2)(a) PROVIDES
article 8(2)(a) applies ONLY IF
the register must be kept in such a way as to distinguish between the general section
RULE Article 8(2)(b) PROVIDES
article 8(2)(b) applies ONLY IF
the register must be kept in such a way as to distinguish between the restricted section
RULE Article 8(2)(c) PROVIDES
article 8(2)(c) applies ONLY IF
the register must be kept in such a way as to distinguish between the historic section
RULE Article 8(3) PROVIDES
the Commissioner must enter in the register, in respect of each registered charity (whether entered in the general or restricted section), in addition to the registered name and registration number entered under Article 12(2) ONLY IF
article 8(3)(a) applies AND
article 8(3)(b) applies AND
article 8(3)(c) applies AND
article 8(3)(d) applies AND
article 8(3)(e) applies AND
article 8(3)(f) applies AND
article 8(3)(g) applies AND
article 8(3)(h) applies AND
article 8(3)(i) applies AND
article 8(3)(j) applies AND
article 8(3)(k) applies AND
article 8(3)(l) applies AND
article 8(3)(m) applies AND
article 8(3)(n) applies
RULE Article 8(3)(a) PROVIDES
a note of the status of the entity that is the registered charity, being ONLY IF
article 8(3)(a)(i) applies AND
article 8(3)(a)(ii) applies
RULE Article 8(3)(a)(i) PROVIDES
article 8(3)(a)(i) applies ONLY IF
the sub-paragraph of the definition "entity" in Article 2(1) within which the entity falls (including, in the case of an entity falling within one of sub-paragraphs (f) to (j) of that definition, whether it also falls within sub-paragraph (a))
RULE Article 8(3)(a)(ii) PROVIDES
article 8(3)(a)(ii) applies ONLY IF
in the case of an entity falling within one of sub-paragraphs (e), (g), (h) or (j) of that definition, details of the enactment, Act of the States, Royal Charter, Act of the United Kingdom Parliament, Order in Council or foreign law, by virtue of which it falls within that sub-paragraph
RULE Article 8(3)(b) PROVIDES
article 8(3)(b) applies ONLY IF
the names of each of the governors of the registered charity
RULE Article 8(3)(c) PROVIDES
article 8(3)(c) applies ONLY IF
the principal address of the registered charity with the meaning of paragraph (4)
RULE Article 8(3)(d) PROVIDES
article 8(3)(d) applies ONLY IF
the address of any other premises in Jersey, other than a private dwelling house, at or from which the registered charity undertakes any activity
RULE Article 8(3)(e) PROVIDES
article 8(3)(e) applies ONLY IF
a statement of the purposes of the registered charity (the charity's "registered charitable purposes"), drawn by the charity from its constitution and approved by the Commissioner as accurately reflecting the constitution as to the purposes
RULE Article 8(3)(f) PROVIDES
article 8(3)(f) applies ONLY IF
a statement (the charity's "registered public benefit statement"), approved by the Commissioner, of the public benefit provided by the charity and of the means by which the charity ensures that it provides that public benefit
RULE Article 8(3)(g) PROVIDES
article 8(3)(g) applies ONLY IF
the date on which the charity was registered
RULE Article 8(3)(h) PROVIDES
article 8(3)(h) applies ONLY IF
if the registered charity is an organized religious charity, within the meaning of Article 28, a note of that fact and of the provision of the Order under that Article by virtue of which it is such a charity
RULE Article 8(3)(i) PROVIDES
article 8(3)(i) applies ONLY IF
if the registered charity meets the charity test by virtue of an Order under Article 5(3), the text of the provision in the constitution that falls within paragraph (2) of that Article
RULE Article 8(3)(j) PROVIDES
article 8(3)(j) applies ONLY IF
whether the registered charity has or has not sent its annual return for the most recent year
RULE Article 8(3)(k) PROVIDES
article 8(3)(k) applies ONLY IF
if a required steps notice has been served on the registered charity, or on a governor of the registered charity, a note of that fact (or a copy of the notice) and of the date on which the notice was served
RULE Article 8(3)(l) PROVIDES
article 8(3)(l) applies ONLY IF
if the registered name has been changed, the previous registered name or names
RULE Article 8(3)(m) PROVIDES
article 8(3)(m) applies ONLY IF
if an Order under Article 13(9)(c) applies to the registered charity, any details or statement that must be entered on the register under that Order
RULE Article 8(3)(n) PROVIDES
article 8(3)(n) applies ONLY IF
any other information prescribed by the Minister by Order
RULE Article 8(4) PROVIDES
the principal address for the purpose of paragraph (3)(c) is ONLY IF
article 8(4)(a) applies AND
article 8(4)(b) applies OR
article 8(4)(c) applies
RULE Article 8(4)(a) PROVIDES
article 8(4)(a) applies ONLY IF
if the registered charity is a company, foundation, or other entity required by its constitutional Law to have a registered office or business address in Jersey, the address of that registered office or that business address
RULE Article 8(4)(b) PROVIDES
article 8(4)(b) applies ONLY IF
if the charity is not such an entity, the address of the main premises in Jersey at or from which the activities in Jersey of the registered charity are managed, controlled or undertaken, unless the premises are a private dwelling house
RULE Article 8(4)(c) PROVIDES
article 8(4)(c) applies ONLY IF
if neither sub-paragraph (a) nor (b) applies, the address in Jersey of one of the governors of the charity
RULE Article 8(5) PROVIDES
the Commissioner must enter in the historic section, in relation to any formerly registered charity that has been deregistered ONLY IF
article 8(5)(a) applies AND
article 8(5)(b) applies AND
article 8(5)(c) applies AND
article 8(5)(d) applies AND
article 8(5)(e) applies
RULE Article 8(5)(a) PROVIDES
article 8(5)(a) applies ONLY IF
the entity's former registered number
RULE Article 8(5)(b) PROVIDES
article 8(5)(b) applies ONLY IF
if the entity was registered in the general section, the name under which the entity was registered immediately before deregistration, and any names under which it was previously so registered
RULE Article 8(5)(c) PROVIDES
article 8(5)(c) applies ONLY IF
a summary of the reason why the entity was deregistered, including, if that reason was a contravention of a required steps notice, the reason for the service of that notice
RULE Article 8(5)(d) PROVIDES
article 8(5)(d) applies ONLY IF
the dates on which the entity was registered and deregistered
RULE Article 8(5)(e) PROVIDES
article 8(5)(e) applies ONLY IF
such other matters as the Minister may prescribe by Order
RULE Article 8(6) PROVIDES
the Commissioner must retain for 10 years, in respect of each registered charity, a copy of ONLY IF
article 8(6)(a) applies AND
article 8(6)(b) applies AND
article 8(6)(c) applies AND
article 8(6)(d) applies
RULE Article 8(6)(a) PROVIDES
article 8(6)(a) applies ONLY IF
the constitution of the charity, and any amendments to it
RULE Article 8(6)(b) PROVIDES
article 8(6)(b) applies ONLY IF
the annual returns of the charity
RULE Article 8(6)(c) PROVIDES
article 8(6)(c) applies ONLY IF
any notice served on the charity under this Law
RULE Article 8(6)(d) PROVIDES
article 8(6)(d) applies ONLY IF
any other document prescribed by the Minister by Order
RULE Article 9 - Restricted section PROVIDES
SUBRULE Article 9(1)
SUBRULE Article 9(2)
SUBRULE Article 9(3)
SUBRULE Article 9(4)
SUBRULE Article 9(5)
SUBRULE Article 9(6)
SUBRULE Article 9(7)
RULE Article 9(1) PROVIDES
for the purpose of Article 10 the public elements of the restricted section are, in relation to each charity registered in that section ONLY IF
article 9(1)(a) applies AND
article 9(1)(b) applies AND
article 9(1)(c) applies AND
article 9(1)(d) applies
RULE Article 9(1)(a) PROVIDES
article 9(1)(a) applies ONLY IF
the registration number (but not the registered name) of the charity
RULE Article 9(1)(b) PROVIDES
article 9(1)(b) applies ONLY IF
the matters registered under sub-paragraphs (a), (e), (f), (j) and (k) of Article 8(3)
RULE Article 9(1)(c) PROVIDES
article 9(1)(c) applies ONLY IF
a summary, produced by the charity, to the satisfaction of the Commissioner, of the reasons for registration of the charity in the restricted section
RULE Article 9(1)(d) PROVIDES
article 9(1)(d) applies ONLY IF
any other element that may be prescribed by the Minister by Order
RULE Article 9(2) PROVIDES
SUBRULE Article 9(2)(a)
SUBRULE Article 9(2)(b)
RULE Article 9(2)(a) PROVIDES
the applicant meets the funding condition, prescribed by the Minister by Order for this purpose, as to refraining from soliciting donations from the general public or from any prescribed description of persons
RULE Article 9(2)(b) PROVIDES
the applicant meets any other condition that may be prescribed by the Minister by Order, whether by reference to any other source of the entity's funds or on any other basis
RULE Article 9(3) PROVIDES
the Order ONLY IF
article 9(3)(a) applies AND
article 9(3)(b) applies AND
article 9(3)(c) applies
RULE Article 9(3)(a) PROVIDES
article 9(3)(a) applies ONLY IF
must prescribe grounds, that may include the exercise of discretion by the Commissioner, on which the Commissioner may accept or refuse such a request
RULE Article 9(3)(b) PROVIDES
must specify, for the purpose of paragraph (2)(a) ONLY IF
article 9(3)(b)(i) applies AND
article 9(3)(b)(ii) applies AND
article 9(3)(b)(iii) applies
RULE Article 9(3)(b)(i) PROVIDES
article 9(3)(b)(i) applies ONLY IF
what constitutes soliciting
RULE Article 9(3)(b)(ii) PROVIDES
article 9(3)(b)(ii) applies ONLY IF
what constitutes a donation
RULE Article 9(3)(b)(iii) PROVIDES
article 9(3)(b)(iii) applies ONLY IF
if the Order does not prescribe a description of persons, what constitutes the general public for the purpose of the Order
RULE Article 9(3)(c) PROVIDES
article 9(3)(c) applies ONLY IF
may make provision under sub-paragraph (b) by reference to the exercise of discretion by the Commissioner, or in any other manner
RULE Article 9(4) PROVIDES
the request under paragraph (2) must be ONLY IF
article 9(4)(a) applies AND
article 9(4)(b) applies
RULE Article 9(4)(a) PROVIDES
article 9(4)(a) applies ONLY IF
made in the form published by the Commissioner
RULE Article 9(4)(b) PROVIDES
article 9(4)(b) applies ONLY IF
supported by information and evidence to the satisfaction of the Commissioner
RULE Article 9(5) PROVIDES
the request under paragraph (2) must be accompanied by a statement of the applicant's intention, in the event of refusal of the request, being ONLY IF
article 9(5)(a) applies OR
article 9(5)(b) applies
RULE Article 9(5)(a) PROVIDES
in the case of an application for registration ONLY IF
article 9(5)(a)(i) applies OR
article 9(5)(a)(ii) applies
RULE Article 9(5)(a)(i) PROVIDES
article 9(5)(a)(i) applies ONLY IF
that that application should be treated as withdrawn
RULE Article 9(5)(a)(ii) PROVIDES
article 9(5)(a)(ii) applies ONLY IF
that it should be treated as an application for entry in the general section of the register, on provision of any further information and evidence required for such an application
RULE Article 9(5)(b) PROVIDES
in the case of a charity registered in the general section of the register ONLY IF
article 9(5)(b)(i) applies OR
article 9(5)(b)(ii) applies
RULE Article 9(5)(b)(i) PROVIDES
article 9(5)(b)(i) applies ONLY IF
that the charity should remain so registered
RULE Article 9(5)(b)(ii) PROVIDES
article 9(5)(b)(ii) applies ONLY IF
that the charity should be treated as applying to be deregistered, on provision of any further information and evidence required for such an application
RULE Article 9(6) PROVIDES
the Commissioner must not enter a charity in the restricted section of the register unless satisfied ONLY IF
article 9(6)(a) applies AND
article 9(6)(b) applies AND
article 9(6)(c) applies
RULE Article 9(6)(a) PROVIDES
article 9(6)(a) applies ONLY IF
that the request complied with paragraphs (4) and (5)
RULE Article 9(6)(b) PROVIDES
article 9(6)(b) applies ONLY IF
that one of the conditions prescribed under paragraph (2) is met
RULE Article 9(6)(c) PROVIDES
article 9(6)(c) applies ONLY IF
that there is no ground, prescribed under paragraph (3), on which the request must be refused or, in the case of a discretionary ground, on which the Commissioner considers the request should be refused
RULE Article 9(7) PROVIDES
if the Commissioner refuses a request, he or she ONLY IF
article 9(7)(a) applies AND
article 9(7)(b) applies
RULE Article 9(7)(a) PROVIDES
article 9(7)(a) applies ONLY IF
must give written notice of the refusal to the applicant or charity
RULE Article 9(7)(b) PROVIDES
article 9(7)(b) applies ONLY IF
may proceed on the basis of the intention stated under paragraph (5)
RULE Article 10 - Public access PROVIDES
SUBRULE Article 10(1)
SUBRULE Article 10(2)
SUBRULE Article 10(3)
SUBRULE Article 10(4)
SUBRULE Article 10(5)
RULE Article 10(1) PROVIDES
the Commissioner must make the public parts of the register available to the public on a website for inspection without charge
RULE Article 10(2) PROVIDES
the Minister may by Order provide for the Commissioner to make the public parts of the register available in any other specified manner, to the public or to such description of persons as may be specified, on payment of ONLY IF
article 10(2)(a) applies OR
article 10(2)(b) applies
RULE Article 10(2)(a) PROVIDES
article 10(2)(a) applies ONLY IF
a specified charge
RULE Article 10(2)(b) PROVIDES
article 10(2)(b) applies ONLY IF
a charge determined and published by the Commissioner
RULE Article 10(3) PROVIDES
for the purpose of paragraphs (1) and (2), the public parts of the register are, subject to paragraph (5) ONLY IF
article 10(3)(a) applies AND
article 10(3)(b) applies AND
article 10(3)(c) applies
RULE Article 10(3)(a) PROVIDES
article 10(3)(a) applies ONLY IF
the general section
RULE Article 10(3)(b) PROVIDES
article 10(3)(b) applies ONLY IF
the public elements of the restricted section, within the meaning of Article 9(1)
RULE Article 10(3)(c) PROVIDES
article 10(3)(c) applies ONLY IF
the historic section
RULE Article 10(4) PROVIDES
paragraph (5) applies if the Commissioner considers, in relation to a particular registered charity, that the safety or security of any person, property or premises would be significantly put at risk by public access to a matter entered on any section of the register in respect of that charity
RULE Article 10(5) PROVIDES
the Commissioner may designate that matter as not being a public part of the register, in relation to that registered charity
RULE Article 11 - Application to register PROVIDES
SUBRULE Article 11(1)
SUBRULE Article 11(2)
SUBRULE Article 11(3)
SUBRULE Article 11(4)
SUBRULE Article 11(5)
SUBRULE Article 11(6)
SUBRULE Article 11(7)
SUBRULE Article 11(8)
SUBRULE Article 11(9)
SUBRULE Article 11(10)
SUBRULE Article 11(11)
RULE Article 11(1) PROVIDES
the entity ("the applicant"), that wishes to have available to it the advantages of registration as a charity under this Law, may apply to be registered
RULE Article 11(2) PROVIDES
the applicant must provide to the Commissioner, in such form as the Commissioner may publish in relation to an entity of a description into which that charity falls ONLY IF
article 11(2)(a) applies AND
article 11(2)(b) applies AND
article 11(2)(c) applies AND
article 11(2)(d) applies AND
article 11(2)(e) applies AND
article 11(2)(f) applies
RULE Article 11(2)(a) PROVIDES
information and evidence, as at the time of the application and (if different) as proposed once the entity is registered, as to ONLY IF
article 11(2)(a)(i) applies AND
article 11(2)(a)(ii) applies AND
article 11(2)(a)(iii) applies
RULE Article 11(2)(a)(i) PROVIDES
article 11(2)(a)(i) applies ONLY IF
how the entity meets the requirements of paragraphs (4)(c) and (d)
RULE Article 11(2)(a)(ii) PROVIDES
article 11(2)(a)(ii) applies ONLY IF
the matters that are required to be registered under sub-paragraphs (a), (b) and (d) of Article 8(3)
RULE Article 11(2)(a)(iii) PROVIDES
article 11(2)(a)(iii) applies ONLY IF
if applicable, the matters that are required to be registered under sub- paragraphs (h), (i), (m) and (n) of Article 8(3)
RULE Article 11(2)(b) PROVIDES
article 11(2)(b) applies ONLY IF
a copy of the applicant's constitution
RULE Article 11(2)(c) PROVIDES
article 11(2)(c) applies ONLY IF
a draft of the proposed statement of the entity's registered charitable purposes
RULE Article 11(2)(d) PROVIDES
article 11(2)(d) applies ONLY IF
a draft of the entity's registered public benefit statement
RULE Article 11(2)(e) PROVIDES
details of ONLY IF
article 11(2)(e)(i) applies AND
article 11(2)(e)(ii) applies AND
article 11(2)(e)(iii) applies AND
article 11(2)(e)(iv) applies
RULE Article 11(2)(e)(i) PROVIDES
article 11(2)(e)(i) applies ONLY IF
the applicant's most recent, if any, financial accounts
RULE Article 11(2)(e)(ii) PROVIDES
article 11(2)(e)(ii) applies ONLY IF
any payment made to any governor of the entity in the 12 months preceding the application, and if an Order under Article 13(9)(b) applies to the registered charity, a draft of the proposed statement under that Order
RULE Article 11(2)(e)(iii) PROVIDES
article 11(2)(e)(iii) applies ONLY IF
any other financial information that would be required if the application were for registration under the Non-Profit Organizations (Jersey) Law 2008
RULE Article 11(2)(e)(iv) PROVIDES
article 11(2)(e)(iv) applies ONLY IF
if the applicant is not requesting entry in the restricted section of the register, any further financial information prescribed by the Minister by Order
RULE Article 11(2)(f) PROVIDES
such other information, documents and evidence as may be ONLY IF
article 11(2)(f)(i) applies OR
article 11(2)(f)(ii) applies
RULE Article 11(2)(f)(i) PROVIDES
article 11(2)(f)(i) applies ONLY IF
required by Regulations under paragraph (3)
RULE Article 11(2)(f)(ii) PROVIDES
article 11(2)(f)(ii) applies ONLY IF
otherwise requested by the Commissioner in order to determine the application
RULE Article 11(3) PROVIDES
the States may by Regulations ONLY IF
article 11(3)(a) applies AND
article 11(3)(b) applies
RULE Article 11(3)(a) PROVIDES
article 11(3)(a) applies ONLY IF
prescribe other information, documents or evidence that must be provided on an application
RULE Article 11(3)(b) PROVIDES
article 11(3)(b) applies ONLY IF
make further provision as to the procedure for making an application
RULE Article 11(4) PROVIDES
if the applicant complies with paragraph(2), with any Regulations under paragraph (3), and with Article 19(5), the Commissioner must register the applicant as a charity if satisfied that ONLY IF
article 11(4)(a) applies AND
article 11(4)(b) applies AND
article 11(4)(c) applies AND
article 11(4)(d) applies AND
article 11(4)(e) applies AND
article 11(4)(f) applies
RULE Article 11(4)(a) PROVIDES
article 11(4)(a) applies ONLY IF
the
RULE Article 11(4)(b) PROVIDES
article 11(4)(b) applies ONLY IF
the
RULE Article 11(4)(c) PROVIDES
SUBRULE Article 11(4)(c)(i)
SUBRULE Article 11(4)(c)(ii)
RULE Article 11(4)(c)(i) PROVIDES
this clause has no content
RULE Article 11(4)(c)(ii) PROVIDES
applicant meets the charity test, or will do so on registration; constitution of the applicant is a written document; applicant - is a Jersey entity, or carries out, or intends to carry out, in or from within Jersey, an activity that is, in the opinion of the Commissioner, substantial
RULE Article 11(4)(d) PROVIDES
article 11(4)(d) applies ONLY IF
the applicant has a principal address in Jersey, within the meaning of
RULE Article 11(4)(e) PROVIDES
article 11(4)(e) applies ONLY IF
the name of the applicant is not undesirable under Article 12
RULE Article 11(4)(f) PROVIDES
article 11(4)(f) applies ONLY IF
no other ground for refusal, prescribed under paragraph (7), applies or should be applied
RULE Article 11(5) PROVIDES
if not so satisfied, the Commissioner must refuse to register the applicant
RULE Article 11(6) PROVIDES
for the purpose of paragraph (4)(c)(ii) ONLY IF
article 11(6)(a) applies AND
article 11(6)(b) applies AND
article 11(6)(c) applies AND
article 11(6)(d) applies
RULE Article 11(6)(a) PROVIDES
article 11(6)(a) applies ONLY IF
the Commissioner must publish and maintain guidance as to how he or she determines whether an activity is substantial
RULE Article 11(6)(b) PROVIDES
article 11(6)(b) applies ONLY IF
articles 5(6) to (8) apply to that guidance as they apply to guidance under Article 5(4)
RULE Article 11(6)(c) PROVIDES
article 11(6)(c) applies ONLY IF
the Commissioner must have regard to that guidance, in determining whether an activity is substantial
RULE Article 11(6)(d) PROVIDES
article 11(6)(d) applies ONLY IF
a registered charity, a governor of a registered charity, the tribunal and the court must have regard to the guidance when performing any of their functions under this Law to which the guidance is relevant
RULE Article 11(7) PROVIDES
the States may by Regulations prescribe further grounds on which an application must or may be refused, and those grounds may, without limitation, include ONLY IF
article 11(7)(a) applies OR
article 11(7)(b) applies
RULE Article 11(7)(a) PROVIDES
article 11(7)(a) applies ONLY IF
that the entity has only one governor, not being a person who, by way of acting as a governor, carries on a prescribed description of regulated financial services business or any other prescribed description of business
RULE Article 11(7)(b) PROVIDES
article 11(7)(b) applies ONLY IF
that a number or proportion of its governors are related to each other in prescribed ways
RULE Article 11(8) PROVIDES
the Minister may by Order ONLY IF
article 11(8)(a) applies AND
article 11(8)(b) applies
RULE Article 11(8)(a) PROVIDES
make provision as to ONLY IF
article 11(8)(a)(i) applies AND
article 11(8)(a)(ii) applies
RULE Article 11(8)(a)(i) PROVIDES
article 11(8)(a)(i) applies ONLY IF
the period within which the Commissioner must make a decision on an application
RULE Article 11(8)(a)(ii) PROVIDES
article 11(8)(a)(ii) applies ONLY IF
the notification to applicants of decisions and of reasons for refusal
RULE Article 11(8)(b) PROVIDES
after consulting the Commissioner and any body appearing to the Minister to be representative of interested entities, provide that any provision of paragraph (2) ONLY IF
article 11(8)(b)(i) applies OR
article 11(8)(b)(ii) applies
RULE Article 11(8)(b)(i) PROVIDES
article 11(8)(b)(i) applies ONLY IF
does not apply to a prescribed description of applicant appearing to the Minister to require relief from the burden of that provision by virtue of the small size, or lack of resources or expertise of applicants of that description
RULE Article 11(8)(b)(ii) PROVIDES
article 11(8)(b)(ii) applies ONLY IF
applies to a prescribed description of applicant only subject to a modification prescribed by the Order, being a modification that appears to the Minister to give reasonable relief from the burden of that provision, having regard to the small size, or lack of resources or expertise of applicants of that description
RULE Article 11(9) PROVIDES
the Commissioner must ONLY IF
article 11(9)(a) applies AND
article 11(9)(b) applies
RULE Article 11(9)(a) PROVIDES
article 11(9)(a) applies ONLY IF
on registering an entity as a charity, issue to that charity a certificate of registration, in the form published by the Commissioner, confirming the registered name, the registration number and the date of registration of the charity
RULE Article 11(9)(b) PROVIDES
article 11(9)(b) applies ONLY IF
on entering on the register a new or alternative registered name, under Article 12(5), issue a further such certificate confirming the new or alternative registered name and the date on which that name was entered on the register
RULE Article 11(10) PROVIDES
the applicant for registration, if it is an entity that is required to be registered under the Non-Profit Organizations (Jersey) Law 2008 but is not so registered, must ONLY IF
article 11(10)(a) applies AND
article 11(10)(b) applies
RULE Article 11(10)(a) PROVIDES
article 11(10)(a) applies ONLY IF
provide with the application any additional information that must be provided to the JFSC in an application for registration under that Law
RULE Article 11(10)(b) PROVIDES
article 11(10)(b) applies ONLY IF
request to be registered under that Law (by virtue of paragraph (11))
RULE Article 11(11) PROVIDES
if the Commissioner receives information and a request under paragraph (10) ONLY IF
article 11(11)(a) applies AND
article 11(11)(b) applies
RULE Article 11(11)(a) PROVIDES
article 11(11)(a) applies ONLY IF
the Commissioner must pass to the JFSC that request, with the information and documents, held by the Commissioner, that must be provided to the JFSC in an application for registration under the Non-Profit Organizations (Jersey) Law 2008
RULE Article 11(11)(b) PROVIDES
article 11(11)(b) applies ONLY IF
the JFSC must treat that request, with the information and documents, as an application for registration under that Law
RULE Article 12 - Name of charity PROVIDES
SUBRULE Article 12(1)
SUBRULE Article 12(2)
SUBRULE Article 12(3)
SUBRULE Article 12(4)
SUBRULE Article 12(5)
SUBRULE Article 12(6)
SUBRULE Article 12(7)
RULE Article 12(1) PROVIDES
for the purpose of Article 11(4)(e), the name of an entity is undesirable as the registered name of a charity if, in the opinion of the Commissioner, the name ONLY IF
article 12(1)(a) applies AND
article 12(1)(b) applies AND
article 12(1)(c) applies OR
article 12(1)(d) applies
RULE Article 12(1)(a) PROVIDES
article 12(1)(a) applies ONLY IF
is the same as, or too similar to, the name of any other registered charity
RULE Article 12(1)(b) PROVIDES
article 12(1)(b) applies ONLY IF
is likely to mislead the public as to the purpose, activities or identity of the entity
RULE Article 12(1)(c) PROVIDES
article 12(1)(c) applies ONLY IF
gives the impression that the entity is connected to any person to which it is not connected, whether in Jersey or elsewhere
RULE Article 12(1)(d) PROVIDES
article 12(1)(d) applies ONLY IF
is offensive
RULE Article 12(2) PROVIDES
if the Commissioner registers the entity, the Commissioner must ONLY IF
article 12(2)(a) applies AND
article 12(2)(b) applies
RULE Article 12(2)(a) PROVIDES
article 12(2)(a) applies ONLY IF
enter the name of the entity in the register (the "registered name")
RULE Article 12(2)(b) PROVIDES
article 12(2)(b) applies ONLY IF
allocate a number in respect of the registration, and enter that number ("the registration number") in the register
RULE Article 12(3) PROVIDES
the registered charity may apply to the Commissioner for permission to change its registered name or to add an alternative registered name
RULE Article 12(4) PROVIDES
the Commissioner must refuse permission if, in his or her opinion, any of the grounds in sub-paragraphs (a) to (d) of paragraph (1) applies in relation to the proposed name
RULE Article 12(5) PROVIDES
if the Commissioner grants permission, and the registered charity notifies the Commissioner that it has changed or added the name accordingly, the Commissioner must enter on the register the new or alternative registered name
RULE Article 12(6) PROVIDES
if a registered charity reports a matter relating to its registered name under Article 13(6)(b), the Commissioner may require the charity to apply to change its registered name under paragraph (3)
RULE Article 12(7) PROVIDES
the registered charity must not use any name other than ONLY IF
article 12(7)(a) applies OR
article 12(7)(b) applies
RULE Article 12(7)(a) PROVIDES
article 12(7)(a) applies ONLY IF
its registered name or one of its registered names
RULE Article 12(7)(b) PROVIDES
another name that ONLY IF
article 12(7)(b)(i) applies AND
article 12(7)(b)(ii) applies
RULE Article 12(7)(b)(i) PROVIDES
article 12(7)(b)(i) applies ONLY IF
is related to such a name
RULE Article 12(7)(b)(ii) PROVIDES
article 12(7)(b)(ii) applies ONLY IF
is not, in the opinion of the Commissioner, undesirable within the meaning of paragraph (1), in the context in which it is used
RULE Article 13 - Effects of registration PROVIDES
SUBRULE Article 13(1)
SUBRULE Article 13(2)
SUBRULE Article 13(3)
SUBRULE Article 13(4)
SUBRULE Article 13(5)
SUBRULE Article 13(6)
SUBRULE Article 13(7)
SUBRULE Article 13(8)
SUBRULE Article 13(9)
SUBRULE Article 13(10)
SUBRULE Article 13(11)
SUBRULE Article 13(12)
SUBRULE Article 13(13)
RULE Article 13(1) PROVIDES
paragraphs (2) to (4) apply while an entity is registered as a charity, and only cease to apply if the entity is deregistered
RULE Article 13(2) PROVIDES
any provision of the entity's constitution or constitutional Law is of no effect to the extent that it purports to permit an amendment of the purposes of the entity to include a purpose that is not charitable
RULE Article 13(3) PROVIDES
any provision of the entity's constitution or constitutional Law that purports to permit an amendment of the purposes of the entity to add or substitute a different charitable purpose, is to be read as being subject to the entity ONLY IF
article 13(3)(a) applies AND
article 13(3)(b) applies
RULE Article 13(3)(a) PROVIDES
article 13(3)(a) applies ONLY IF
providing evidence, to the satisfaction of the Commissioner, of a reason justifying the proposed amendment
RULE Article 13(3)(b) PROVIDES
article 13(3)(b) applies ONLY IF
obtaining the Commissioner's prior approval of the proposed amendment
RULE Article 13(4) PROVIDES
the entity must ONLY IF
article 13(4)(a) applies AND
article 13(4)(b) applies
RULE Article 13(4)(a) PROVIDES
article 13(4)(a) applies ONLY IF
provide public benefit in accordance with its registered public benefit statement
RULE Article 13(4)(b) PROVIDES
article 13(4)(b) applies ONLY IF
if it requests the Commissioner's approval of a proposed amendment to that statement, provide evidence, to the satisfaction of the Commissioner, of a reason justifying that request
RULE Article 13(5) PROVIDES
the registered charity must, while it is entered in the restricted section of the register, ensure ONLY IF
article 13(5)(a) applies OR
article 13(5)(b) applies
RULE Article 13(5)(a) PROVIDES
article 13(5)(a) applies ONLY IF
that it meets the condition, prescribed under Article 9(2), as to which the Commissioner was satisfied under Article 9(6)(b)
RULE Article 13(5)(b) PROVIDES
article 13(5)(b) applies ONLY IF
if, before it ceased to meet that condition, the Commissioner gave prior permission for it to remain entered in the restricted section on the basis of a different condition prescribed under that Article, that it meets that condition as specified in that permission
RULE Article 13(6) PROVIDES
the registered charity must promptly report to the Commissioner ONLY IF
article 13(6)(a) applies AND
article 13(6)(b) applies AND
article 13(6)(c) applies AND
article 13(6)(d) applies AND
article 13(6)(e) applies AND
article 13(6)(f) applies AND
article 13(6)(g) applies AND
article 13(6)(h) applies
RULE Article 13(6)(a) PROVIDES
article 13(6)(a) applies ONLY IF
a change in a matter about which information is entered on the register (whether in the general or restricted section) in relation to that charity
RULE Article 13(6)(b) PROVIDES
article 13(6)(b) applies ONLY IF
any other matter, coming to light after registration or after permission for a change of name, that could, if known before the registration or permission, have led to the Commissioner refusing to register the charity, refusing to accept the name of the charity, or entering it in a different section
RULE Article 13(6)(c) PROVIDES
article 13(6)(c) applies ONLY IF
a proposal to change the charity's constitution
RULE Article 13(6)(d) PROVIDES
article 13(6)(d) applies ONLY IF
a proposal that could result, or an event that has resulted in the charity ceasing to meet the requirements of Article 11(4)(c) or (d)
RULE Article 13(6)(e) PROVIDES
article 13(6)(e) applies ONLY IF
a reportable matter, in relation to a governor of the charity, if the charity is aware that the governor has not promptly reported it to the Commissioner under Article 19(2)
RULE Article 13(6)(f) PROVIDES
article 13(6)(f) applies ONLY IF
a matter likely to lead to the charity becoming bankrupt, being wound up or otherwise ceasing to exist
RULE Article 13(6)(g) PROVIDES
article 13(6)(g) applies ONLY IF
if the charity is entered in the restricted section, a proposal to change how or whether the charity meets a condition prescribed under Article 9(2)
RULE Article 13(6)(h) PROVIDES
article 13(6)(h) applies ONLY IF
any other matter prescribed by the Minister by Order for this purpose
RULE Article 13(7) PROVIDES
the registered charity must send an annual return to the Commissioner, containing information as to any matter falling within paragraph (6) arising during the year to which the return relates, and as to any other matter prescribed by the Minister by Order for this purpose
RULE Article 13(8) PROVIDES
the Order under paragraph (7) may also make provision as to the format and timing of the annual return, the consequences of lateness, and the content of any entries to be made on the register in respect of the annual return
RULE Article 13(9) PROVIDES
the Minister may by Order ONLY IF
article 13(9)(a) applies AND
article 13(9)(b) applies AND
article 13(9)(c) applies
RULE Article 13(9)(a) PROVIDES
article 13(9)(a) applies ONLY IF
require a registered charity to include in its annual return details of a prescribed description of any payment made, during the year to which the return relates, by or on behalf of the registered charity to a governor, or to a person having a prescribed connection with a governor
RULE Article 13(9)(b) PROVIDES
article 13(9)(b) applies ONLY IF
require a registered charity to provide to the Commissioner a statement of its current intentions as to making any payments of such a prescribed description in future
RULE Article 13(9)(c) PROVIDES
article 13(9)(c) applies ONLY IF
provide for the entry on the register by the Commissioner of the details included under sub-paragraph (a) in the charity's latest annual return, and of the statement provided under sub-paragraph (b)
RULE Article 13(10) PROVIDES
the Minister may by Order, after consulting the Commissioner and any body appearing to the Minister to be representative of interested registered charities, provide that any provision of paragraph (6) or (7), or of any Order under paragraph (7), (8) or (9) ONLY IF
article 13(10)(a) applies OR
article 13(10)(b) applies
RULE Article 13(10)(a) PROVIDES
article 13(10)(a) applies ONLY IF
does not apply to a prescribed description of charity appearing to the Minister to require relief from the burden of that provision by virtue of the small size, or lack of resources or expertise of charities of that description
RULE Article 13(10)(b) PROVIDES
article 13(10)(b) applies ONLY IF
applies to a prescribed description of charity only subject to a modification prescribed by the Order, being a modification that appears to the Minister to give reasonable relief from the burden of that provision, having regard to the small size, or lack of resources or expertise of charities of that description
RULE Article 13(11) PROVIDES
the registered charity ONLY IF
article 13(11)(a) applies AND
article 13(11)(b) applies
RULE Article 13(11)(a) PROVIDES
article 13(11)(a) applies ONLY IF
must not make any payment that is inconsistent with a statement provided under paragraph (9)(b)
RULE Article 13(11)(b) PROVIDES
article 13(11)(b) applies ONLY IF
may apply to the Commissioner, with reasons, for permission to amend that statement
RULE Article 13(12) PROVIDES
if the States make Regulations under Article 11(7), those Regulations may also make provision requiring a registered charity or its governors (or both) to avoid, or report and remedy, a situation arising at a time after registration, being a situation in which, if the charity were at that time applying for registration, there would be grounds under those Regulations to refuse that application
RULE Article 13(13) PROVIDES
if a court-approved fidéicommis or an incorporated 1862 association becomes registered as a charity under this Law, paragraphs (2) and (3) do not apply to that registered charity to the extent that they are inconsistent with any order made, whether before or after registration under this Law, by the court under the Loi of 1862
RULE Article 14 - Powers of court over registered charity PROVIDES
SUBRULE Article 14(1)
SUBRULE Article 14(2)
SUBRULE Article 14(3)
SUBRULE Article 14(4)
SUBRULE Article 14(5)
SUBRULE Article 14(6)
RULE Article 14(1) PROVIDES
the court may exercise any of the powers set out in paragraph (2) in relation to a registered charity if, on an application by the Commissioner or the Attorney General, it appears to the court ONLY IF
article 14(1)(a) applies OR
article 14(1)(b) applies
RULE Article 14(1)(a) PROVIDES
article 14(1)(a) applies ONLY IF
that there is or has been misconduct in the administration of the charity
RULE Article 14(1)(b) PROVIDES
article 14(1)(b) applies ONLY IF
that it is necessary or desirable to exercise the power for the purpose of protecting the property of the charity or securing a proper application of that property in accordance with the charity's registered charitable purposes and registered public benefit statement
RULE Article 14(2) PROVIDES
the court may make any order that the court sees fit to remedy the misconduct, protect the property and secure its proper application
RULE Article 14(3) PROVIDES
without prejudice to the generality of paragraph (2), the orders that the court may make include an order ONLY IF
article 14(3)(a) applies AND
article 14(3)(b) applies AND
article 14(3)(c) applies AND
article 14(3)(d) applies AND
article 14(3)(e) applies AND
article 14(3)(f) applies AND
article 14(3)(g) applies AND
article 14(3)(h) applies AND
article 14(3)(i) applies
RULE Article 14(3)(a) PROVIDES
prohibiting (whether for a specified or indefinite period) the charity or a governor from ONLY IF
article 14(3)(a)(i) applies AND
article 14(3)(a)(ii) applies OR
article 14(3)(a)(iii) applies
RULE Article 14(3)(a)(i) PROVIDES
article 14(3)(a)(i) applies ONLY IF
referring to or holding out the entity as a charity or Jersey charity, or as being charitable, having charitable purposes or providing public benefit
RULE Article 14(3)(a)(ii) PROVIDES
article 14(3)(a)(ii) applies ONLY IF
soliciting donations from the public, as specified in the order
RULE Article 14(3)(a)(iii) PROVIDES
article 14(3)(a)(iii) applies ONLY IF
taking any other action specified in the order
RULE Article 14(3)(b) PROVIDES
article 14(3)(b) applies ONLY IF
appointing a person (whether a specified or indefinite period) to manage the affairs of the charity in place of its governors
RULE Article 14(3)(c) PROVIDES
article 14(3)(c) applies ONLY IF
appointing a person to be a governor of the charity
RULE Article 14(3)(d) PROVIDES
article 14(3)(d) applies ONLY IF
suspending or removing a governor of the charity, or any other person concerned in the management or control of the charity
RULE Article 14(3)(e) PROVIDES
article 14(3)(e) applies ONLY IF
requiring a person (including without prejudice a person carrying on regulated financial services business) who holds property on behalf of the charity, or on behalf of a governor of the charity, not to part with the property without the court's consent
RULE Article 14(3)(f) PROVIDES
article 14(3)(f) applies ONLY IF
restricting the transactions that may be entered into, or the nature or amount of the payments that may be made, in the administration of the charity without the court's consent
RULE Article 14(3)(g) PROVIDES
article 14(3)(g) applies ONLY IF
making the administration of the charity subject to such supervision, restraint or conditions, from such time, and for such periods, as the court may specify
RULE Article 14(3)(h) PROVIDES
article 14(3)(h) applies ONLY IF
requiring a governor who appears to the court to have engaged in any misconduct, or any other person who appears to be responsible for any misconduct, to take such steps as the court may direct to remedy the effects of the misconduct
RULE Article 14(3)(i) PROVIDES
article 14(3)(i) applies ONLY IF
making such ancillary provision as the court thinks desirable
RULE Article 14(4) PROVIDES
the court may, on the application of the Commissioner, the Attorney General, the registered charity or any person to whom the order was directed, amend or revoke any order made under this Article
RULE Article 14(5) PROVIDES
the powers of the court under this Article apply ONLY IF
article 14(5)(a) applies AND
article 14(5)(b) applies
RULE Article 14(5)(a) PROVIDES
article 14(5)(a) applies ONLY IF
in addition to and not in derogation from any powers of the court under any other enactment or under customary law
RULE Article 14(5)(b) PROVIDES
article 14(5)(b) applies ONLY IF
despite anything in the constitution of the charity
RULE Article 14(6) PROVIDES
the powers of the court under this Article are without prejudice to any power of the Commissioner to take any action under this Law in respect of any misconduct
RULE Article 15 - Deregistration on application by entity PROVIDES
SUBRULE Article 15(1)
SUBRULE Article 15(2)
SUBRULE Article 15(3)
RULE Article 15(1) PROVIDES
the entity that is a registered charity may apply to the Commissioner to terminate the registration of the entity as a charity (to "deregister" the entity)
RULE Article 15(2) PROVIDES
the entity applying for deregistration must provide the Commissioner with any information or document requested by the Commissioner in relation to the entity's proposals for the continuation or winding up of the entity and for the application of any of its property remaining after deregistration
RULE Article 15(3) PROVIDES
if the entity complies with paragraph (2) the Commissioner must ONLY IF
article 15(3)(a) applies OR
article 15(3)(b) applies
RULE Article 15(3)(a) PROVIDES
article 15(3)(a) applies ONLY IF
deregister the entity
RULE Article 15(3)(b) PROVIDES
article 15(3)(b) applies ONLY IF
refuse to deregister the entity on grounds relating to the proposals mentioned in paragraph (2)
RULE Article 16 - Deregistration in other cases PROVIDES
SUBRULE Article 16(1)
SUBRULE Article 16(2)
RULE Article 16(1) PROVIDES
the Commissioner may, by written notice to an entity that is registered as a charity, deregister the entity if satisfied, after giving the entity written notice specifying reasons and inviting objections within a reasonable time specified in the notice, that it is proportionate to do so on the ground that ONLY IF
article 16(1)(a) applies AND
article 16(1)(b) applies AND
article 16(1)(c) applies OR
article 16(1)(d) applies
RULE Article 16(1)(a) PROVIDES
article 16(1)(a) applies ONLY IF
the entity no longer meets the charity test
RULE Article 16(1)(b) PROVIDES
article 16(1)(b) applies ONLY IF
the Commissioner was misled into registering the entity, whether by the entity or by any other person and whether intentionally or otherwise
RULE Article 16(1)(c) PROVIDES
article 16(1)(c) applies ONLY IF
the entity has failed to comply with a required steps notice
RULE Article 16(1)(d) PROVIDES
article 16(1)(d) applies ONLY IF
any other circumstance prescribed by the Minister by Order applies
RULE Article 16(2) PROVIDES
if the Commissioner is satisfied that an entity that is registered as a charity no longer exists, the Commissioner must, by written notice to any person purporting to be a governor of the entity or to be responsible for the winding up of the affairs of the entity, deregister the entity
RULE Article 17 - Effects of deregistration PROVIDES
SUBRULE Article 17(1)
SUBRULE Article 17(2)
SUBRULE Article 17(3)
SUBRULE Article 17(4)
SUBRULE Article 17(5)
SUBRULE Article 17(6)
SUBRULE Article 17(7)
SUBRULE Article 17(8)
SUBRULE Article 17(9)
SUBRULE Article 17(10)
SUBRULE Article 17(11)
RULE Article 17(1) PROVIDES
after deregistering an entity, the Commissioner ONLY IF
article 17(1)(a) applies AND
article 17(1)(b) applies
RULE Article 17(1)(a) PROVIDES
article 17(1)(a) applies ONLY IF
must retain the information registered in respect of that entity for 10 years
RULE Article 17(1)(b) PROVIDES
article 17(1)(b) applies ONLY IF
must not assign the registered number of that entity to any other registered charity
RULE Article 17(2) PROVIDES
paragraph (3) applies if the Commissioner ONLY IF
article 17(2)(a) applies AND
article 17(2)(b) applies AND
article 17(2)(c) applies AND
article 17(2)(d) applies
RULE Article 17(2)(a) PROVIDES
article 17(2)(a) applies ONLY IF
deregisters a charity under Article 16
RULE Article 17(2)(b) PROVIDES
article 17(2)(b) applies ONLY IF
is satisfied that the grounds for deregistration have existed since a past date
RULE Article 17(2)(c) PROVIDES
article 17(2)(c) applies ONLY IF
specifies that date in the notice under Article 16(1) or (2)
RULE Article 17(2)(d) PROVIDES
article 17(2)(d) applies ONLY IF
determines that the deregistration should take effect retrospectively
RULE Article 17(3) PROVIDES
the termination takes effect from the past date specified under paragraph (2)(c) for all purposes, including the purposes of any enactment relating to taxation, but subject to paragraph (4)
RULE Article 17(4) PROVIDES
the act, that occurred before the date of the giving of the notice under Article 16(1) or (2) is not rendered an offence merely by virtue of the operation of paragraph (3)
RULE Article 17(5) PROVIDES
paragraphs (6) to (11) apply, after a charity is deregistered, if and so long as there remains any property of the charity that was acquired before it was deregistered (the "remaining property")
RULE Article 17(6) PROVIDES
the entity must continue to apply the remaining property for the purposes that were its registered charitable purposes immediately before deregistration (the "preserved charitable purposes"), and in accordance with the registered public benefit statement that was in effect immediately before deregistration (the "preserved public benefit statement")
RULE Article 17(7) PROVIDES
despite any provision of the entity's constitution, or of the constitutional Law of the entity, the entity has no power to amend the preserved charitable purposes or preserved public benefit statement
RULE Article 17(8) PROVIDES
the entity may apply to the court for an order amending the preserved charitable purposes or preserved public benefit statement, and the court may make such amending order, and any ancillary order, as it considers expedient to ensure that the remaining property continues to be applied for purposes that are, in the opinion of the court, charitable purposes and in a manner that, in the opinion of the court, provides public benefit
RULE Article 17(9) PROVIDES
the court may exercise any of the powers set out in Article 14 in relation to the deregistered entity, as if it were still registered, if, on an application by the Attorney General or a governor of the entity, it appears to the court ONLY IF
article 17(9)(a) applies OR
article 17(9)(b) applies
RULE Article 17(9)(a) PROVIDES
article 17(9)(a) applies ONLY IF
that there is or has been any conduct in the administration of the entity in relation to the remaining property, that would have been misconduct if the entity had not been deregistered
RULE Article 17(9)(b) PROVIDES
article 17(9)(b) applies ONLY IF
that it is necessary or desirable to exercise the power for the purpose of protecting the remaining property or securing a proper application of the remaining property for the preserved charitable purposes of the entity and in accordance with the preserved public benefit statement
RULE Article 17(10) PROVIDES
the governor may not apply under paragraph (9) unless the governor has first given notice to the Attorney General of the governor's intention to do so and of the reasons for that intention
RULE Article 17(11) PROVIDES
the Attorney General may at any time, by giving notice to the governor and the court, take over an application made by a governor under paragraph (9), and may then withdraw or proceed with the application as the Attorney General sees fit
// PART 5 - ** INCOMPLETE **
// GOVERNORS OF REGISTERED CHARITIES
RULE Article 18 - General duties of governors of registered charities PROVIDES
SUBRULE Article 18(1)
SUBRULE Article 18(2)
SUBRULE Article 18(3)
SUBRULE Article 18(4)
RULE Article 18(1) PROVIDES
the governor of a registered charity must seek, in good faith, to ensure that the charity ONLY IF
article 18(1)(a) applies AND
article 18(1)(b) applies
RULE Article 18(1)(a) PROVIDES
article 18(1)(a) applies ONLY IF
acts in a manner that is consistent with its registered charitable purposes and with its registered public benefit statement
RULE Article 18(1)(b) PROVIDES
article 18(1)(b) applies ONLY IF
complies with any direction, requirement, notice or duty imposed on it by or under this Law
RULE Article 18(2) PROVIDES
the governor of a registered charity, that is an unincorporated body or association of persons falling within Article 2(1)(i), must in the execution of his or her duties and in the exercise of his or her powers and discretions ONLY IF
article 18(2)(a) applies AND
article 18(2)(b) applies
RULE Article 18(2)(a) PROVIDES
act ONLY IF
article 18(2)(a)(i) applies AND
article 18(2)(a)(ii) applies AND
article 18(2)(a)(iii) applies
RULE Article 18(2)(a)(i) PROVIDES
article 18(2)(a)(i) applies ONLY IF
with due diligence
RULE Article 18(2)(a)(ii) PROVIDES
article 18(2)(a)(ii) applies ONLY IF
as would a prudent person
RULE Article 18(2)(a)(iii) PROVIDES
article 18(2)(a)(iii) applies ONLY IF
to the best of the governor's ability and skill
RULE Article 18(2)(b) PROVIDES
article 18(2)(b) applies ONLY IF
observe the utmost good faith
RULE Article 18(3) PROVIDES
the duties imposed by this Article apply despite any contrary provision in the constitution or the constitutional Law of the charity, except to any extent that such provision imposes a more onerous duty
RULE Article 18(4) PROVIDES
for the purposes of this Law a governor engages in misconduct if ONLY IF
article 18(4)(a) applies AND
article 18(4)(b) applies AND
article 18(4)(c) applies OR
article 18(4)(d) applies
RULE Article 18(4)(a) PROVIDES
article 18(4)(a) applies ONLY IF
the governor contravenes a provision, or commits an offence, mentioned in Article 2(10)
RULE Article 18(4)(b) PROVIDES
article 18(4)(b) applies ONLY IF
the governor concurs in misconduct by the charity
RULE Article 18(4)(c) PROVIDES
article 18(4)(c) applies ONLY IF
the governor assists or encourages another governor to engage in misconduct
RULE Article 18(4)(d) PROVIDES
the governor ONLY IF
article 18(4)(d)(i) applies AND
article 18(4)(d)(ii) applies
RULE Article 18(4)(d)(i) PROVIDES
article 18(4)(d)(i) applies ONLY IF
becomes aware or ought to have become aware of any misconduct in relation to the charity, or of the intention of another governor to engage in misconduct
RULE Article 18(4)(d)(ii) PROVIDES
article 18(4)(d)(ii) applies ONLY IF
the governor actively conceals that misconduct or that intention, or fails within a reasonable time to take proper steps to protect or restore the property of the charity or to prevent the misconduct
RULE Article 19 - Reportable matters and acting as a governor PROVIDES
SUBRULE Article 19(1)
SUBRULE Article 19(2)
SUBRULE Article 19(3)
SUBRULE Article 19(4)
SUBRULE Article 19(5)
SUBRULE Article 19(6)
SUBRULE Article 19(7)
SUBRULE Article 19(8)
SUBRULE Article 19(9)
SUBRULE Article 19(10)
SUBRULE Article 19(11)
SUBRULE Article 19(12)
SUBRULE Article 19(13)
RULE Article 19(1) PROVIDES
the reportable matter in relation to a person is the fact that the person ONLY IF
article 19(1)(a) applies AND
article 19(1)(b) applies AND
article 19(1)(c) applies AND
article 19(1)(d) applies AND
article 19(1)(e) applies AND
article 19(1)(f) applies AND
article 19(1)(g) applies OR
article 19(1)(h) applies
RULE Article 19(1)(a) PROVIDES
article 19(1)(a) applies ONLY IF
has engaged in misconduct as a governor of a registered charity, being misconduct that led to the service of a required steps notice on that governor or on that charity or on another governor of that charity
RULE Article 19(1)(b) PROVIDES
article 19(1)(b) applies ONLY IF
is the subject of a disqualification order, or of any other restriction on his or her acting as a governor, imposed under this Law
RULE Article 19(1)(c) PROVIDES
article 19(1)(c) applies ONLY IF
has been disqualified from or for being a charity trustee or trustee for a charity under the law of any part of the United Kingdom, or from holding any equivalent position under the law of any other jurisdiction
RULE Article 19(1)(d) PROVIDES
article 19(1)(d) applies ONLY IF
has been disqualified from being a company director, or has been made subject to any equivalent disqualification under the law of any jurisdiction other than Jersey
RULE Article 19(1)(e) PROVIDES
article 19(1)(e) applies ONLY IF
is bankrupt or otherwise insolvent, whether under the law or Jersey or elsewhere
RULE Article 19(1)(f) PROVIDES
article 19(1)(f) applies ONLY IF
has a conviction (whether or not spent) for an offence under this Law
RULE Article 19(1)(g) PROVIDES
article 19(1)(g) applies ONLY IF
has an unspent conviction for an offence falling within Article 2(10)(b)
RULE Article 19(1)(h) PROVIDES
article 19(1)(h) applies ONLY IF
falls within any other description that may be prescribed by the Minister by Order
RULE Article 19(2) PROVIDES
the governor of an entity applying for registration, or of a registered charity, must report any reportable matter promptly to that entity or charity and to the Commissioner
RULE Article 19(3) PROVIDES
the governor of an entity applying for registration must, if there is no reportable matter in relation to that governor, provide to the entity a declaration to that effect before the application is made
RULE Article 19(4) PROVIDES
the governor of a registered charity must, if there is no reportable matter in relation to that governor, provide to the charity a declaration to that effect when notified by the charity that it is preparing its annual return
RULE Article 19(5) PROVIDES
the entity must state in its application, and the registered charity must state in its annual return, that it has declarations from all of its governors who have not made a report under paragraph (2)
RULE Article 19(6) PROVIDES
the application for registration is not complete if the entity has not complied with paragraph (5)
RULE Article 19(7) PROVIDES
the registered charity that contravenes paragraph(5) must explain to the Commissioner the reason for the contravention
RULE Article 19(8) PROVIDES
the person must not act as a governor of a registered charity at any time when the person is in breach of paragraph (2) or (4)
RULE Article 19(9) PROVIDES
if a governor reports a reportable matter to the Commissioner, the Commissioner ONLY IF
article 19(9)(a) applies AND
article 19(9)(b) applies AND
article 19(9)(c) applies AND
article 19(9)(d) applies AND
article 19(9)(e) applies
RULE Article 19(9)(a) PROVIDES
article 19(9)(a) applies ONLY IF
must make inquiries to determine whether the governor is a fit and proper person to be a governor
RULE Article 19(9)(b) PROVIDES
article 19(9)(b) applies ONLY IF
may apply to the court to determine that issue under Article 20
RULE Article 19(9)(c) PROVIDES
article 19(9)(c) applies ONLY IF
must not, in the case of an application for registration, grant that application until the issue has been determined and any resulting order or notice complied with
RULE Article 19(9)(d) PROVIDES
article 19(9)(d) applies ONLY IF
may, in the case of a registered charity, by written notice to the charity, permit, either unconditionally or subject to any condition appearing to the Commissioner to be necessary, the governor to act as a governor until that issue is determined or the notice is withdrawn
RULE Article 19(9)(e) PROVIDES
must, if the issue is not to be determined by the court under sub-paragraph (b), on determining the issue ONLY IF
article 19(9)(e)(i) applies OR
article 19(9)(e)(ii) applies
RULE Article 19(9)(e)(i) PROVIDES
article 19(9)(e)(i) applies ONLY IF
notify the entity that the application will be refused unless the governor is removed, or in the case of a registered charity serve a required steps notice requiring the charity to suspend or remove the governor
RULE Article 19(9)(e)(ii) PROVIDES
article 19(9)(e)(ii) applies ONLY IF
by notice in writing, entered in the register, give permission for the governor to act as a governor, either unconditionally or subject to any condition or time limit that appears to the Commissioner to be necessary
RULE Article 19(10) PROVIDES
the person must not act as a governor of a registered charity at any time after reporting a reportable matter, unless the governor ONLY IF
article 19(10)(a) applies AND
article 19(10)(b) applies
RULE Article 19(10)(a) PROVIDES
article 19(10)(a) applies ONLY IF
is permitted to do so by the Commissioner under paragraph (9)(d) or (e)(ii), or by the court under Article 20
RULE Article 19(10)(b) PROVIDES
article 19(10)(b) applies ONLY IF
does so in either case in accordance with any condition on that permission
RULE Article 19(11) PROVIDES
the person who without reasonable excuse contravenes paragraph (10) commits an offence and is liable to imprisonment for one year and to a fine
RULE Article 19(12) PROVIDES
paragraphs (10) and (11) are not to be construed as requiring an act to be treated as void or invalid merely by virtue of the act constituting a contravention of paragraph (10)
RULE Article 19(13) PROVIDES
if at any time the Commissioner suspects that a governor of a registered charity may have breached paragraph (2), the Commissioner may, without prejudice to any other of his or her powers, apply to the court to determine whether the governor is a fit and proper person to be a governor
RULE Article 20 - Court orders as to fitness of governor PROVIDES
SUBRULE Article 20(1)
SUBRULE Article 20(2)
SUBRULE Article 20(3)
SUBRULE Article 20(4)
SUBRULE Article 20(5)
SUBRULE Article 20(6)
RULE Article 20(1) PROVIDES
on an application under Article 19(9)(b) or (13), the court may make any order that the court sees fit, including without limitation ONLY IF
article 20(1)(a) applies AND
article 20(1)(b) applies AND
article 20(1)(c) applies AND
article 20(1)(d) applies
RULE Article 20(1)(a) PROVIDES
article 20(1)(a) applies ONLY IF
an order dismissing the application
RULE Article 20(1)(b) PROVIDES
article 20(1)(b) applies ONLY IF
an order giving permission for the governor to act as a governor despite a reportable matter
RULE Article 20(1)(c) PROVIDES
article 20(1)(c) applies ONLY IF
an order that the entity must not be registered as a charity
RULE Article 20(1)(d) PROVIDES
article 20(1)(d) applies ONLY IF
an order requiring a registered charity to suspend or remove the governor; (e) an order making any provision that could be made by a required steps notice; (f) any order ancillary to any such order
RULE Article 20(2) PROVIDES
the order under paragraph (1) may, without limitation ONLY IF
article 20(2)(a) applies AND
article 20(2)(b) applies
RULE Article 20(2)(a) PROVIDES
article 20(2)(a) applies ONLY IF
apply to a governor in respect of a particular registered charity, a description of registered charities or all registered charities
RULE Article 20(2)(b) PROVIDES
article 20(2)(b) applies ONLY IF
be made subject to any condition or time limit that appears to the court to be necessary or equitable
RULE Article 20(3) PROVIDES
if it appears to the Commissioner or the Attorney General that it is or may be expedient in the public interest that a person should not, without the leave of the court, be a governor of or in any way whether directly or indirectly be concerned or take part in the management of a registered charity, the Commissioner or the Attorney General may apply to the court for an order to that effect against the person (a "disqualification order")
RULE Article 20(4) PROVIDES
the court may, on such an application or on an application under Article 19(9)(b) or (13), make a disqualification order if it is satisfied that the person is unfit to be concerned in the management of a registered charity, by virtue of ONLY IF
article 20(4)(a) applies OR
article 20(4)(b) applies
RULE Article 20(4)(a) PROVIDES
article 20(4)(a) applies ONLY IF
the person's conduct in relation to a registered charity, or to an entity applying for registration
RULE Article 20(4)(b) PROVIDES
article 20(4)(b) applies ONLY IF
the seriousness of a reportable matter in relation to the person
RULE Article 20(5) PROVIDES
the disqualification order is to be for such period, not exceeding 15 years, as the court directs
RULE Article 20(6) PROVIDES
the person who contravenes a disqualification order commits an offence and is liable to imprisonment for 2 years and to a fine
// PART 6 - ** INCOMPLETE **
// USE OF EXPRESSIONS “CHARITY”, “CHARITABLE” AND RELATED TERMS
RULE Article 21 - Prohibition of unauthorized use of expression "charity" and related terms PROVIDES
SUBRULE Article 21(1)
SUBRULE Article 21(2)
SUBRULE Article 21(3)
SUBRULE Article 21(4)
SUBRULE Article 21(5)
SUBRULE Article 21(6)
SUBRULE Article 21(7)
SUBRULE Article 21(8)
SUBRULE Article 21(9)
SUBRULE Article 21(10)
RULE Article 21(1) PROVIDES
the entity that is not a registered charity ONLY IF
article 21(1)(a) applies AND
article 21(1)(b) applies
RULE Article 21(1)(a) PROVIDES
article 21(1)(a) applies ONLY IF
must not refer to itself as being registered by the Commissioner
RULE Article 21(1)(b) PROVIDES
article 21(1)(b) applies ONLY IF
must not cause or permit another person to refer to the entity as being registered by the Commissioner
RULE Article 21(2) PROVIDES
the person must not refer to an entity, that is not a registered charity, as being registered by the Commissioner, if the person ONLY IF
article 21(2)(a) applies AND
article 21(2)(b) applies
RULE Article 21(2)(a) PROVIDES
article 21(2)(a) applies ONLY IF
knows, suspects or has reasonable grounds to suspect that the entity is not a registered charity
RULE Article 21(2)(b) PROVIDES
intends, by so referring to the entity, to cause another person ONLY IF
article 21(2)(b)(i) applies OR
article 21(2)(b)(ii) applies
RULE Article 21(2)(b)(i) PROVIDES
article 21(2)(b)(i) applies ONLY IF
to be misled as to the nature of the entity
RULE Article 21(2)(b)(ii) PROVIDES
article 21(2)(b)(ii) applies ONLY IF
to give to the entity any property or financial or other advantage
RULE Article 21(3) PROVIDES
the Jersey entity that is not a registered charity ONLY IF
article 21(3)(a) applies AND
article 21(3)(b) applies
RULE Article 21(3)(a) PROVIDES
article 21(3)(a) applies ONLY IF
must not refer to itself as a "charity
RULE Article 21(3)(b) PROVIDES
article 21(3)(b) applies ONLY IF
must not cause or permit another person to refer to the entity as a "charity
RULE Article 21(4) PROVIDES
the person must not refer to a Jersey entity, that is not a registered charity, as a "charity", if the person ONLY IF
article 21(4)(a) applies AND
article 21(4)(b) applies
RULE Article 21(4)(a) PROVIDES
article 21(4)(a) applies ONLY IF
knows, suspects or has reasonable grounds to suspect that the entity - (i) is a Jersey entity AND
article 21(4)(a)(ii) applies
RULE Article 21(4)(a)(ii) PROVIDES
article 21(4)(a)(ii) applies ONLY IF
is not a registered charity
RULE Article 21(4)(b) PROVIDES
intends, by so referring to the entity, to cause another person ONLY IF
article 21(4)(b)(i) applies OR
article 21(4)(b)(ii) applies
RULE Article 21(4)(b)(i) PROVIDES
article 21(4)(b)(i) applies ONLY IF
to be misled as to the nature of the entity
RULE Article 21(4)(b)(ii) PROVIDES
article 21(4)(b)(ii) applies ONLY IF
to give any property or financial advantage to the entity
RULE Article 21(5) PROVIDES
the entity that is not a registered charity and is neither a Jersey entity nor an excepted foreign charity (within the meaning of Article 22) ONLY IF
article 21(5)(a) applies AND
article 21(5)(b) applies
RULE Article 21(5)(a) PROVIDES
article 21(5)(a) applies ONLY IF
must not refer to itself as a "charity" in connection with any of its activities in Jersey
RULE Article 21(5)(b) PROVIDES
article 21(5)(b) applies ONLY IF
must not cause or permit another person to refer to the entity as a "charity" in connection with any of its activities in Jersey
RULE Article 21(6) PROVIDES
the person must not refer to an entity, that is not a registered charity and is neither a Jersey entity nor an excepted foreign charity (within the meaning of Article 22), as a "charity" in connection with any of its activities in Jersey, if the person ONLY IF
article 21(6)(a) applies AND
article 21(6)(b) applies
RULE Article 21(6)(a) PROVIDES
knows, suspects or has reasonable grounds to suspect that the entity ONLY IF
article 21(6)(a)(i) applies AND
article 21(6)(a)(ii) applies
RULE Article 21(6)(a)(i) PROVIDES
article 21(6)(a)(i) applies ONLY IF
is neither a Jersey entity nor an excepted foreign charity
RULE Article 21(6)(a)(ii) PROVIDES
article 21(6)(a)(ii) applies ONLY IF
is not a registered charity
RULE Article 21(6)(b) PROVIDES
intends, by so referring to the entity, to cause another person ONLY IF
article 21(6)(b)(i) applies OR
article 21(6)(b)(ii) applies
RULE Article 21(6)(b)(i) PROVIDES
article 21(6)(b)(i) applies ONLY IF
to be misled as to the nature of the entity
RULE Article 21(6)(b)(ii) PROVIDES
article 21(6)(b)(ii) applies ONLY IF
to give any property or financial advantage to the entity
RULE Article 21(7) PROVIDES
paragraphs (2), (4) and (6) apply whether or not the person making the reference is also the entity, and is referring to itself
RULE Article 21(8) PROVIDES
the States may by Regulations prescribe exceptions to the prohibitions in paragraphs (1) to (6)
RULE Article 21(9) PROVIDES
the entity or other person, that contravenes paragraph (2), (4) or (6), commits an offence and is liable to imprisonment for a term of 2 years and to a fine
RULE Article 21(10) PROVIDES
the entity, that contravenes paragraph (1), (3) or (5), commits an offence and is liable to a fine of level 3 on the standard scale
RULE Article 22 - Excepted foreign charities PROVIDES
SUBRULE Article 22(1)
SUBRULE Article 22(2)
SUBRULE Article 22(3)
SUBRULE Article 22(4)
SUBRULE Article 22(5)
RULE Article 22(1) PROVIDES
for the purpose of Article 21, an entity is an excepted foreign charity if it meets both the condition in paragraph (2) and the condition in paragraph (3)
RULE Article 22(2) PROVIDES
the first condition is that the entity is ONLY IF
article 22(2)(a) applies AND
article 22(2)(b) applies
RULE Article 22(2)(a) PROVIDES
established under the law ONLY IF
article 22(2)(a)(i) applies OR
article 22(2)(a)(ii) applies
RULE Article 22(2)(a)(i) PROVIDES
article 22(2)(a)(i) applies ONLY IF
of the United Kingdom, or of any jurisdiction that is part of the United Kingdom
RULE Article 22(2)(a)(ii) PROVIDES
article 22(2)(a)(ii) applies ONLY IF
of a jurisdiction (not being Jersey, the United Kingdom or a part of the United Kingdom) that is prescribed for this purpose by the Minister by Order
RULE Article 22(2)(b) PROVIDES
article 22(2)(b) applies ONLY IF
entitled, under the law of that jurisdiction, to refer to itself in that jurisdiction as a "charity" (or by any equivalent term in a language other than English that is used in that jurisdiction)
RULE Article 22(3) PROVIDES
the second condition is that the entity ONLY IF
article 22(3)(a) applies AND
article 22(3)(b) applies
RULE Article 22(3)(a) PROVIDES
article 22(3)(a) applies ONLY IF
is managed wholly or mainly from the jurisdiction under the law of which it is established
RULE Article 22(3)(b) PROVIDES
article 22(3)(b) applies ONLY IF
is not a registered charity
RULE Article 22(4) PROVIDES
the Minister may by Order prescribe that a specified entity is not required to meet the first condition, despite sub-paragraphs (a) and (b) of paragraph (2)
RULE Article 22(5) PROVIDES
the States may by Regulations amend paragraph (1), (2) or (3) to make different provision as to the conditions that are to be met
RULE Article 23 - Prohibition of unauthorized use of expression "Jersey charity" PROVIDES
SUBRULE Article 23(1)
SUBRULE Article 23(2)
SUBRULE Article 23(3)
SUBRULE Article 23(4)
SUBRULE Article 23(5)
SUBRULE Article 23(6)
SUBRULE Article 23(7)
RULE Article 23(1) PROVIDES
unless an entity meets all of the conditions in paragraph (3), that entity ONLY IF
article 23(1)(a) applies AND
article 23(1)(b) applies
RULE Article 23(1)(a) PROVIDES
article 23(1)(a) applies ONLY IF
must not refer to itself as a "Jersey charity
RULE Article 23(1)(b) PROVIDES
article 23(1)(b) applies ONLY IF
must not cause or permit another person to refer to the entity as a "Jersey charity
RULE Article 23(2) PROVIDES
unless an entity meets all of the conditions in paragraph (3), a person must not refer to that entity as a "Jersey charity", if the person ONLY IF
article 23(2)(a) applies AND
article 23(2)(b) applies
RULE Article 23(2)(a) PROVIDES
article 23(2)(a) applies ONLY IF
knows, suspects or has reasonable grounds to suspect that the entity does not meet all of those conditions
RULE Article 23(2)(b) PROVIDES
intends, by so referring to the entity, to cause another person ONLY IF
article 23(2)(b)(i) applies OR
article 23(2)(b)(ii) applies
RULE Article 23(2)(b)(i) PROVIDES
article 23(2)(b)(i) applies ONLY IF
to be misled as to the nature of the entity
RULE Article 23(2)(b)(ii) PROVIDES
article 23(2)(b)(ii) applies ONLY IF
to give any property or financial advantage to the entity
RULE Article 23(3) PROVIDES
the conditions are that the entity ONLY IF
article 23(3)(a) applies AND
article 23(3)(b) applies AND
article 23(3)(c) applies
RULE Article 23(3)(a) PROVIDES
article 23(3)(a) applies ONLY IF
is a registered charity
RULE Article 23(3)(b) PROVIDES
article 23(3)(b) applies ONLY IF
is a Jersey entity
RULE Article 23(3)(c) PROVIDES
article 23(3)(c) applies ONLY IF
is wholly or mainly managed or controlled in or from within Jersey
RULE Article 23(4) PROVIDES
paragraphs (1) and (2) are subject to any exception prescribed by the States by Regulations
RULE Article 23(5) PROVIDES
paragraph (2) applies whether or not the person making the reference is also the entity, and is referring to itself
RULE Article 23(6) PROVIDES
the entity that contravenes paragraph (1) commits an offence and is liable to a fine of level 3 on the standard scale
RULE Article 23(7) PROVIDES
the entity or other person, that contravenes paragraph (2), commits an offence and is liable to imprisonment for a term of 2 years and to a fine
RULE Article 24 - Power to restrict use of term "charitable" in soliciting funds PROVIDES
SUBRULE Article 24(1)
SUBRULE Article 24(2)
SUBRULE Article 24(3)
SUBRULE Article 24(4)
RULE Article 24(1) PROVIDES
the States may by Regulations make provision restricting the use, other than by a registered charity, of any relevant term in relation to the soliciting of donations from the general public or from any prescribed description of persons
RULE Article 24(2) PROVIDES
the relevant terms are "charitable", "public benefit" and any related term (other than "charity") specified as such in the Regulations
RULE Article 24(3) PROVIDES
without prejudice to the generality of paragraph (1) any Regulations under that paragraph ONLY IF
article 24(3)(a) applies AND
article 24(3)(b) applies AND
article 24(3)(c) applies
RULE Article 24(3)(a) PROVIDES
article 24(3)(a) applies ONLY IF
may make the provision by adapting any provisions of Articles 21 to 23
RULE Article 24(3)(b) PROVIDES
article 24(3)(b) applies ONLY IF
may impose the restriction by any means, including by requiring permission to be sought from the Commissioner, who may be given discretion as to whether to grant that permission
RULE Article 24(3)(c) PROVIDES
article 24(3)(c) applies ONLY IF
may provide for the Commissioner to issue guidance as to the operation of the Regulations
RULE Article 24(4) PROVIDES
the Regulations may make it an offence to contravene a restriction imposed by the Regulations, being an offence carrying a penalty no greater than a fine
RULE Article 25 - Power to require registered charities to identify themselves as such PROVIDES
SUBRULE Article 25(1)
SUBRULE Article 25(2)
RULE Article 25(1) PROVIDES
the Minister may by Order prescribe statements that must be made (including the manner in which they must be made) by a registered charity in relation to its registration in prescribed descriptions of document or publicity
RULE Article 25(2) PROVIDES
without prejudice to the generality of paragraph (1), the provision that may be made includes ONLY IF
article 25(2)(a) applies AND
article 25(2)(b) applies AND
article 25(2)(c) applies AND
article 25(2)(d) applies
RULE Article 25(2)(a) PROVIDES
provision requiring the charity to state any or all of the following ONLY IF
article 25(2)(a)(i) applies AND
article 25(2)(a)(ii) applies AND
article 25(2)(a)(iii) applies AND
article 25(2)(a)(iv) applies AND
article 25(2)(a)(v) applies AND
article 25(2)(a)(vi) applies
RULE Article 25(2)(a)(i) PROVIDES
article 25(2)(a)(i) applies ONLY IF
that it is a charity
RULE Article 25(2)(a)(ii) PROVIDES
article 25(2)(a)(ii) applies ONLY IF
its charity registration number
RULE Article 25(2)(a)(iii) PROVIDES
article 25(2)(a)(iii) applies ONLY IF
that it is registered with the Commissioner
RULE Article 25(2)(a)(iv) PROVIDES
article 25(2)(a)(iv) applies ONLY IF
how documents relating to its registration may be inspected
RULE Article 25(2)(a)(v) PROVIDES
article 25(2)(a)(v) applies ONLY IF
the nature of its purposes
RULE Article 25(2)(a)(vi) PROVIDES
article 25(2)(a)(vi) applies ONLY IF
the identity or contact details of one or more of its charity governors
RULE Article 25(2)(b) PROVIDES
article 25(2)(b) applies ONLY IF
provision as to the legibility of the statement, and the language or languages in which the statement must or may be made
RULE Article 25(2)(c) PROVIDES
article 25(2)(c) applies ONLY IF
provision as to whether the requirement only applies to documents or publicity issued or signed on behalf of the charity, or to other descriptions of document or publicity
RULE Article 25(2)(d) PROVIDES
article 25(2)(d) applies ONLY IF
provision as to whether and how the requirement applies to web pages and websites, and the responsibility of the charity for those pages or sites
// PART 7 - ** INCOMPLETE **
// INFORMATION AND ENFORCEMENT
RULE Article 26 - Power to demand information PROVIDES
SUBRULE Article 26(1)
SUBRULE Article 26(2)
SUBRULE Article 26(3)
SUBRULE Article 26(4)
SUBRULE Article 26(5)
SUBRULE Article 26(6)
SUBRULE Article 26(7)
SUBRULE Article 26(8)
SUBRULE Article 26(9)
SUBRULE Article 26(10)
SUBRULE Article 26(11)
RULE Article 26(1) PROVIDES
article 26(1) applies ONLY IF
article 26(1)(a) applies AND
article 26(1)(b) applies
RULE Article 26(1)(a) PROVIDES
article 26(1)(a) applies ONLY IF
the Commissioner may, by notice in writing served on a person falling within paragraph (2), require that person to provide to the Commissioner, at such time and place as may be specified in the notice, any information or document of a specified description that the Commissioner reasonably requires for the purpose of determining whether to serve a required steps notice
RULE Article 26(1)(b) PROVIDES
article 26(1)(b) applies ONLY IF
the Commissioner may, by notice in writing served on a person falling within paragraph (2), require that person to attend at such place and time as may be specified in the notice and answer questions that the Commissioner reasonably requires the person to answer for that purpose
RULE Article 26(2) PROVIDES
article 26(2) applies ONLY IF
article 26(2)(a) applies AND
article 26(2)(b) applies
RULE Article 26(2)(a) PROVIDES
article 26(2)(a) applies ONLY IF
the persons falling within this paragraph are a registered charity or an entity that was formerly a registered charity
RULE Article 26(2)(b) PROVIDES
article 26(2)(b) applies ONLY IF
the persons falling within this paragraph are a governor or former governor of a registered charity or of an entity that was formerly a registered charity
RULE Article 26(3) PROVIDES
if a person from whom provision of a document is required under paragraph (1) claims a lien on any such document, the provision is without prejudice to the lien
RULE Article 26(4) PROVIDES
if the Commissioner exercises a power under paragraph (1) to require a document to be provided, the Commissioner may ONLY IF
article 26(4)(a) applies AND
article 26(4)(b) applies
RULE Article 26(4)(a) PROVIDES
article 26(4)(a) applies ONLY IF
if the document is provided, retain or take copies of it or extracts from it and require the person providing it, or any person who appears to be in possession of relevant information and to be a governor or employee of the registered charity, to provide an explanation of the document
RULE Article 26(4)(b) PROVIDES
article 26(4)(b) applies ONLY IF
if the document is not provided, require the person to whom the requirement was directed to state, to the best of the person's knowledge and belief, where the document is
RULE Article 26(5) PROVIDES
the document, copy or extract retained or taken under paragraph (4)(a) may be retained for whichever is the longer of ONLY IF
article 26(5)(a) applies AND
article 26(5)(b) applies
RULE Article 26(5)(a) PROVIDES
article 26(5)(a) applies ONLY IF
a period of one year
RULE Article 26(5)(b) PROVIDES
article 26(5)(b) applies ONLY IF
if within that period proceedings to which the document is relevant are commenced against any person, until the conclusion of those proceedings
RULE Article 26(6) PROVIDES
the person who requires a document retained under paragraph (4)(a) for the purpose of the person's business, and who requests that document, must be supplied with a copy as soon as practicable
RULE Article 26(7) PROVIDES
the person who without reasonable excuse contravenes a requirement imposed on the person under paragraph (1) or (4), commits an offence and is liable to imprisonment for a term of 3 months and to a fine of level 3 on the standard scale
RULE Article 26(8) PROVIDES
nothing in this Article is to be construed as requiring the disclosure or production by a person to the Commissioner of information or documents that the person would in an action in court be entitled to refuse to disclose or produce on the grounds of legal professional privilege
RULE Article 26(9) PROVIDES
the statement made by a person in compliance with a requirement imposed under this Article may not be used by the prosecution in evidence against the person in any criminal proceedings except proceedings under paragraph (7) or (10)
RULE Article 26(10) PROVIDES
the person commits an offence, and is liable to imprisonment for a term of 2 years and to a fine, if the person provides information to the Commissioner, knowing that it is false in a material particular and intending it to be used by the Commissioner for the purpose of an application for registration or for the purpose of determining whether to serve a required steps notice
RULE Article 26(11) PROVIDES
article 26(11) applies ONLY IF
article 26(11)(a) applies AND
article 26(11)(b) applies
RULE Article 26(11)(a) PROVIDES
article 26(11)(a) applies ONLY IF
for the purpose of paragraph (10) it is irrelevant whether the information is contained in a document or not
RULE Article 26(11)(b) PROVIDES
article 26(11)(b) applies ONLY IF
for the purpose of paragraph (10) it is irrelevant whether the information is provided under this Article or not
RULE Article 27 - Required steps notices PROVIDES
SUBRULE Article 27(1)
SUBRULE Article 27(2)
SUBRULE Article 27(3)
SUBRULE Article 27(4)
SUBRULE Article 27(5)
RULE Article 27(1) PROVIDES
paragraph (2) applies if the Commissioner believes that ONLY IF
article 27(1)(a) applies OR
article 27(1)(b) applies OR
article 27(1)(c) applies OR
article 27(1)(d) applies OR
article 27(1)(e) applies
RULE Article 27(1)(a) PROVIDES
article 27(1)(a) applies ONLY IF
there has been misconduct by a registered charity
RULE Article 27(1)(b) PROVIDES
article 27(1)(b) applies ONLY IF
a registered charity does not pass the charity test
RULE Article 27(1)(c) PROVIDES
article 27(1)(c) applies ONLY IF
a governor of a registered charity has engaged in misconduct
RULE Article 27(1)(d) PROVIDES
article 27(1)(d) applies ONLY IF
a governor of a registered charity is, by reason of a reportable matter, unfit to be a governor of a registered charity
RULE Article 27(1)(e) PROVIDES
article 27(1)(e) applies ONLY IF
a registered charity has ceased to meet the requirements of Article 11(4)(c) or (d)
RULE Article 27(2) PROVIDES
the Commissioner may serve written notice on any one or more of the relevant persons, within the meaning of paragraph (3), requiring steps specified in the notice to be taken by that person in a time specified in the notice, being steps that in Commissioner's opinion are appropriate to remedy the matter prompting service of the notice
RULE Article 27(3) PROVIDES
the party is a relevant person for the purpose of paragraph 27(2) ONLY IF
article 27(3)(a) applies OR
article 27(3)(b) applies
RULE Article 27(3)(a) PROVIDES
article 27(3)(a) applies ONLY IF
the registered charity
RULE Article 27(3)(b) PROVIDES
article 27(3)(b) applies ONLY IF
the governors of the registered charity
RULE Article 27(4) PROVIDES
if the notice is served by virtue of paragraph (1)(c) or (d), the steps required may include (subject to Article 28) the suspension, removal or replacement of the governor referred to in that paragraph
RULE Article 27(5) PROVIDES
the Minister may by Order make further provision as to the procedure for, and restrictions on, serving a notice under this Article
RULE Article 28 - Required steps notices restricted in relation to governors of organized religious charities PROVIDES
SUBRULE Article 28(1)
SUBRULE Article 28(2)
SUBRULE Article 28(3)
RULE Article 28(1) PROVIDES
the Minister may by Order provide for registered charities to be categorized as organized religious charities for the purpose of paragraph (3), being registered charities that appear to the Minister ONLY IF
article 28(1)(a) applies AND
article 28(1)(b) applies
RULE Article 28(1)(a) PROVIDES
article 28(1)(a) applies ONLY IF
to meet the charity test by virtue of Article 6(1)(c), whether solely or in combination with any other charitable purpose
RULE Article 28(1)(b) PROVIDES
article 28(1)(b) applies ONLY IF
to be organized in such a way that the supervision and discipline of the governors of the registered charity, in relation to the activities of the registered charity in Jersey (whether or not also in relation to activities elsewhere), is adequate to justify the application of paragraph (3)
RULE Article 28(2) PROVIDES
the provision that may be made under paragraph (1) includes, without limitation ONLY IF
article 28(2)(a) applies AND
article 28(2)(b) applies
RULE Article 28(2)(a) PROVIDES
article 28(2)(a) applies ONLY IF
provision granting discretion to the Commissioner to grant or withdraw status as an organized religious charity
RULE Article 28(2)(b) PROVIDES
provision that distinguishes between charities on the basis of the status of the charity as ONLY IF
article 28(2)(b)(i) applies AND
article 28(2)(b)(ii) applies OR
article 28(2)(b)(iii) applies
RULE Article 28(2)(b)(i) PROVIDES
article 28(2)(b)(i) applies ONLY IF
a designated religious charity within the meaning of the Charities and Trustee Investment (Scotland) Act 2005 of the Scottish Parliament
RULE Article 28(2)(b)(ii) PROVIDES
article 28(2)(b)(ii) applies ONLY IF
an institution falling within section 10(2) of the Charities Act 2011 of the parliament of the United Kingdom
RULE Article 28(2)(b)(iii) PROVIDES
article 28(2)(b)(iii) applies ONLY IF
an entity in Jersey that is similar to such a designated religious charity or to such an institution
RULE Article 28(3) PROVIDES
the required steps notice served on an organized religious charity, or on a governor of such a charity, is invalid to the extent that it purports to impose a requirement to suspend, remove or replace a governor of that charity
RULE Article 29 - Restricted information PROVIDES
SUBRULE Article 29(1)
SUBRULE Article 29(2)
RULE Article 29(1) PROVIDES
subject to paragraph (2) and to Articles 30 and 31, a person who information relating to the business or other affairs of any person ONLY IF
article 29(1)(a) applies OR
article 29(1)(b) applies
RULE Article 29(1)(a) PROVIDES
article 29(1)(a) applies ONLY IF
under or for the purposes of this Law
RULE Article 29(1)(b) PROVIDES
article 29(1)(b) applies ONLY IF
directly or indirectly from a person who has so received it, receives commits an offence and is liable to imprisonment for a term of 2 years and a fine if he or she discloses the information without the consent of the person to whom it relates and (where sub-paragraph (b) applies) the person from whom it was received
RULE Article 29(2) PROVIDES
article 29(2) applies ONLY IF
article 29(2)(a) applies AND
article 29(2)(b) applies AND
article 29(2)(c) applies
RULE Article 29(2)(a) PROVIDES
article 29(2)(a) applies ONLY IF
this Article does not apply to information that is registered in the public parts of the register, within the meaning of Article 10(3) to (5)
RULE Article 29(2)(b) PROVIDES
article 29(2)(b) applies ONLY IF
this Article does not apply to information that at the time of the disclosure is or has already been made available to the public from other sources
RULE Article 29(2)(c) PROVIDES
article 29(2)(c) applies ONLY IF
this Article does not apply to information in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it
RULE Article 30 - Required disclosure of information PROVIDES
SUBRULE Article 30(1)
SUBRULE Article 30(2)
RULE Article 30(1) PROVIDES
the Commissioner must disclose information to the Comptroller, if required
by the Comptroller for the purpose of enabling the Comptroller to discharge
any of his or her functions in relation to the taxation of registered
charities or other entities with any charitable purposes
RULE Article 30(2) PROVIDES
the Commissioner must disclose information to the JFSC, if required by the
JFSC for the purpose of enabling the JFSC to discharge any of its functions
under the Non- Profit Organizations (Jersey) Law 2008
RULE Article 31 - Permitted disclosure of information PROVIDES
article 31 applies ONLY IF
article 31(a) applies AND
article 31(b) applies AND
article 31(c) applies AND
article 31(d) applies AND
article 31(e) applies AND
article 31(f) applies
RULE Article 31(a) PROVIDES
article 31(a) applies ONLY IF
article 29 does not preclude the disclosure of information by or on behalf of the Commissioner, for purpose of enabling the Commissioner to discharge any of his or her functions
RULE Article 31(b) PROVIDES
article 31(b) applies ONLY IF
article 29 does not preclude the disclosure of information to the Comptroller for purpose of enabling the Comptroller to discharge any of his or her functions
RULE Article 31(c) PROVIDES
article 31(c) applies ONLY IF
article 29 does not preclude the disclosure of information to the JFSC for purpose of enabling the JFSC to discharge any of its functions
RULE Article 31(d) PROVIDES
article 31(d) applies ONLY IF
article 29 does not preclude the disclosure of information to the Attorney General, the Bailiff or the court for the purpose of enabling them to discharge any of their functions in relation to charities, whether under this Law, a constitutional Law, the customary law, or any other law
RULE Article 31(e) PROVIDES
article 31(e) applies ONLY IF
article 29 does not preclude the disclosure of information to any person for the purpose of the investigation or prosecution of any offence under any enactment or under the customary law of Jersey, or for the purpose of taking or deciding whether to take any proceedings under this Law
RULE Article 31(f) PROVIDES
article 31(f) applies ONLY IF
article 29 does not preclude the disclosure of information in any other circumstances prescribed by the States by Regulations
*/
// PART 8
// APPEALS TO CHARITY TRIBUNAL
GOAL RULE Article 32 - Establishment of Charity Tribunal PROVIDES
SUBRULE Article 32(1)
SUBRULE Article 32(2)
SUBRULE Article 32(3)
RULE Article 32(1) PROVIDES
there is established a tribunal to be known as the Charity Tribunal
RULE Article 32(2) PROVIDES
the function of the tribunal is to hear and determine appeals under this Part
RULE Article 32(3) PROVIDES
schedule 2 makes further provision in respect of the tribunal
GOAL RULE Article 33 - Persons who may appeal and decisions that may be
appealed PROVIDES
the party may appeal the decision of the Commissioner ONLY IF
article 33(1) applies OR
article 33(2) applies OR
article 33(3) applies OR
article 33(4) applies OR
article 33(5) applies
RULE Article 33(1) PROVIDES
article 33(1) applies ONLY IF
the party is an applicant for registration AND
article 33(1)(a) applies AND/OR
article 33(1)(b) applies
RULE Article 33(1)(a) PROVIDES
article 33(1)(a) applies ONLY IF
the Commissioner has refused to register the applicant
RULE Article 33(1)(b) PROVIDES
article 33(1)(b) applies ONLY IF
the Commissioner has refused to register the applicant in the restricted
section of the register
RULE Article 33(2) PROVIDES
article 33(2) applies ONLY IF
the party is a registered charity AND
article 33(2)(a) applies AND/OR
article 33(2)(b) applies AND/OR
article 33(2)(c) applies AND/OR
article 33(2)(d) applies AND/OR
article 33(2)(e) applies
RULE Article 33(2)(a) PROVIDES
article 33(2)(a) applies ONLY IF
the Commissioner has made a decision to deregister the charity
RULE Article 33(2)(b) PROVIDES
article 33(2)(b) applies ONLY IF
the Commissioner has made a decision to refuse permission, under
Article 12(4), for the charity to change its registered name or add an
alternative registered name
RULE Article 33(2)(c) PROVIDES
article 33(2)(c) applies ONLY IF
the Commissioner has made a decision to require the charity, under
Article 12(6), to apply to change its registered name
RULE Article 33(2)(d) PROVIDES
article 33(2)(d) applies ONLY IF
the Commissioner has made a decision to refuse approval, under Article
13(3), of a proposed amendment of the charity's purposes to add or
substitute a different charitable purpose
RULE Article 33(2)(e) PROVIDES
article 33(2)(e) applies ONLY IF
the Commissioner has made a decision to refuse to approve an amendment,
proposed under Article 13(4)(b), to the charity's registered public
benefit statement
RULE Article 33(3) PROVIDES
article 33(2) applies ONLY IF
the Commissioner has served a notice under Article 26 on the party OR
the Commissioner has served a required steps notice on the party
RULE Article 33(4) PROVIDES
article 33(4) applies ONLY IF
the party is not an applicant for registration AND
the party is a registered charity AND
the party is the Attorney General AND
article 33(5)(a) applies AND
article 33(5)(b) applies
RULE Article 33(5)(a) PROVIDES
article 33(5)(a) applies ONLY IF
the Commissioner has decided to register the applicant AND
the appeal is based on the ground that, at both the time of the
application and the time of the appeal, the applicant did not meet the
charity test
RULE Article 33(5)(b) PROVIDES
article 33(5)(b) applies ONLY IF
the Commissioner has decided to register the applicant AND
the appeal is based on the ground that, at both the time of the
application and the time of the appeal,
the appellant had an interest in the registered name of the applicant,
that name was undesirable under Article 12(1)
GOAL RULE Article 34 - Grounds of appeal and powers of tribunal in
determining appeals PROVIDES
SUBRULE Article 34(1)
SUBRULE Article 34(2)
SUBRULE Article 34(3)
RULE Article 34(1) PROVIDES
the appeal may be made to the tribunal on the ground that the decision of
the Commissioner was wrong or unreasonable on its merits, the facts or the law
RULE Article 34(2) PROVIDES
SUBRULE Article 34(2)(a)
SUBRULE Article 34(2)(b)
RULE Article 34(2)(a) PROVIDES
the tribunal may make such interim order on an appeal as it thinks fit
RULE Article 34(2)(b) PROVIDES
the tribunal may consider evidence that was put to the Commissioner or accept
other evidence
RULE Article 34(3) PROVIDES
SUBRULE Article 34(3)(a)
SUBRULE Article 34(3)(b)
SUBRULE Article 34(3)(c)
RULE Article 34(3)(a) PROVIDES
on determining an appeal the tribunal may remit the decision to the
Commissioner, substitute the tribunal's decision for that of the Commissioner,
or dismiss the appeal
RULE Article 34(3)(b) PROVIDES
on determining an appeal the tribunal may award costs if satisfied that the
appeal was vexatious or otherwise grossly unreasonable
RULE Article 34(3)(c) PROVIDES
on determining an appeal the tribunal may make any recommendation to the
Commissioner, as to the performance of his or her functions in connection
with the subject matter of the appeal, that appears to the tribunal to be
called for in the circumstances of the case
GOAL RULE Article 35 - Appeal and reference to court PROVIDES
SUBRULE Article 35(1)
SUBRULE Article 35(2)
SUBRULE Article 35(3)
SUBRULE Article 35(4)
RULE Article 35(1) PROVIDES
the party to an appeal to the tribunal, or the Attorney General, may appeal
from the decision of the tribunal to the court on the ground that the decision
was unreasonable having regard to all the circumstances of the case
RULE Article 35(2) PROVIDES
the court, on determining the appeal, may remit the decision to the tribunal
or to the Commissioner, substitute the court's decision for that of the
tribunal or that of the Commissioner, or dismiss the appeal
RULE Article 35(3) PROVIDES
the tribunal may refer any point of law to the court for the court to give
a ruling on the point
RULE Article 35(4) PROVIDES
the court may make such interim order on an appeal or reference as it thinks
fit
GOAL RULE Article 36 - Further provision as to appeals to tribunal or court PROVIDES
SUBRULE Article 36(1)
SUBRULE Article 36(2)
SUBRULE Article 36(3)
SUBRULE Article 36(4)
RULE Article 36(1) PROVIDES
nothing in this Part is to be read as limiting the Commissioner's power to reconsider his or her own decisions or the decisions of his or her staff, whether at the request of any person or on the Commissioner's own motion
RULE Article 36(2) PROVIDES
SUBRULE Article 36(2)(a)
SUBRULE Article 36(2)(b)
RULE Article 36(2)(a) PROVIDES
the Minister may by Order prescribe time limits within which appeals to the
tribunal or court are to be brought
RULE Article 36(2)(b) PROVIDES
the Minister may by Order make such provision as to the giving of notice of
decisions by the Commissioner or the tribunal, or of notice of reasons for
such decisions, as appears to the Minister to be expedient for the purpose
of enabling appeals to be brought within any time limits
RULE Article 36(3) PROVIDES
if the court or tribunal substitutes its decision for any other decision, it
may order that the substituted decision is to take effect for all purposes
from any date appearing to the court or tribunal to be appropriate, whether
that date is before, on or after the date of the original decision or of the
court's or tribunal's own decision
RULE Article 36(4) PROVIDES
if the court or tribunal makes an order under paragraph (3) that a substituted
decision is to take effect from a date before the date of the order, an act,
that occurred before the date of the order, is not rendered an offence merely
by virtue of the operation of the order
// PART 9
// MISCELLANEOUS AND FINAL PROVISIONS
GOAL RULE Article 37 - Offences by corporate and other bodies PROVIDES
SUBRULE Article 37(1)
SUBRULE Article 37(2)
RULE Article 37(1) PROVIDES
SUBRULE Article 37(1)(a)
SUBRULE Article 37(1)(b)
RULE Article 37(1)(a) PROVIDES
if an offence under this Law, committed by a limited liability partnership,
a separate limited partnership or a body corporate is proved to have been
committed with the consent or connivance of a person who is a partner of the
partnership, or director, governor, secretary or other similar officer of the
body corporate
RULE Article 37(1)(b) PROVIDES
if an offence under this Law, committed by a limited liability partnership,
a separate limited partnership or a body corporate is proved to have been
committed with the consent or connivance of any person purporting to act in
any such capacity, the person is also guilty of the offence and liable in
the same manner as the partnership or body corporate to the penalty provided
for that offence
RULE Article 37(2) PROVIDES
where the affairs of a body corporate are managed by its members,
paragraph (1) applies in relation to acts and defaults of a member in
connection with the member's functions of management as if the member were
a director of the body corporate
GOAL RULE Article 38 - Service of notices PROVIDES
the Minister may by Order make further provision as to the service of any
notice under this Law
GOAL RULE Article 39 - Regulations and Orders PROVIDES
SUBRULE Article 39(1)
SUBRULE Article 39(2)
RULE Article 39(1) PROVIDES
the Order or Regulations under this Law may contain such transitional,
consequential, incidental, supplementary or savings provisions, other than
an amendment of this Law, as appear to the Minister or the States (as the
case may be) to be necessary or expedient for the purposes of the Order
or Regulations
RULE Article 39(2) PROVIDES
the power under this Law to amend, by Regulations, any provision of this Law
includes the power to make such transitional, consequential, incidental or
supplementary amendments to any other provision of this Law as appears to
the States to be necessary or expedient
GOAL RULE Article 40 - Savings and transitional provisions PROVIDES
SUBRULE Article 40(1)
SUBRULE Article 40(2)
SUBRULE Article 40(3)
RULE Article 40(1) PROVIDES
nothing in this Law is to be read as derogating from any power or function
of the Attorney General, the Bailiff, or the court, being a power or function
that exists independently of this Law (under customary law or otherwise), in
respect of charities or of acts for charitable purposes (whether as defined
in this Law or otherwise)
RULE Article 40(2) PROVIDES
the States may by Regulations make such other saving provision as appears
to the States to be necessary or expedient for the purposes of this Law
RULE Article 40(3) PROVIDES
the States may by Regulations make such transitional provision as appears
to the States to be necessary or expedient for the purposes of the bringing
into force of this Law
GOAL RULE Article 41 - Amendments of Laws relating to sharing of information
PROVIDES
DETERMINE IF the States may by Regulations amend any enactment, to make such
provision as the States consider necessary or expedient to enable any
supervisory body, the JFSC and the Comptroller to disclose information to the
Commissioner for the purposes of this Law
RULE Article 41(1) PROVIDES
the enactment is a relevant enactment as defined in paragraph 41(2) ONLY IF
article 41(1)(a) applies OR
article 41(1)(b) applies OR
article 41(1)(c) applies
RULE Article 41(1)(a) PROVIDES
article 41(1)(a) applies ONLY IF
the enactment is the Proceeds of Crime (Supervisory Bodies) (Jersey)
Law 2008
RULE Article 41(1)(b) PROVIDES
article 41(1)(b) applies ONLY IF
the enactment is any other enactment under which the JFSC has functions
RULE Article 41(1)(c) PROVIDES
article 41(1)(c) applies ONLY IF
the enactment relates to taxation
RULE Article 41(2) PROVIDES
the States may by Regulations amend any enactment, to make such provision as
the States consider necessary or expedient to enable any supervisory body,
the JFSC and the Comptroller to disclose information to the Commissioner for
the purposes of this Law ONLY IF
the enactment is a revelant enactment as defined in paragraph 41(2)
GOAL RULE Article 42 - Consequential amendments of other enactments PROVIDES
SUBRULE Article 42(a)
SUBRULE Article 42(b)
RULE Article 42(a) PROVIDES
the States may by Regulations amend the Trusts (Jersey) Law 1984 and the
Foundations (Jersey) Law 2009, to make provision for the application under
those Laws of the charity test under this Law (by reference the test itself,
or to whether a trust or foundation is registered under this Law, or
otherwise), or of the definition of charitable purposes under this Law,
and for related purposes
RULE Article 42(b) PROVIDES
the States may by Regulations amend any other enactment (not including this
Law) to make such consequential provision as the States consider necessary or
expedient, in relation to a reference (direct or indirect) in that other
enactment to charities or charitable purposes or related terms
GOAL RULE Article 43 - Citation PROVIDES
this Law may be cited as the Charities (Jersey) Law 2014
// SCHEDULES
// Omitted
//
// Mechanical rules
//
FORWARD RULE PROVIDES
IF article 2(1)(a) applies THEN
article 2(1)(b) does not apply AND
article 2(1)(c) does not apply AND
article 2(1)(d) does not apply AND
article 2(1)(e) does not apply AND
article 2(1)(f) does not apply AND
article 2(1)(g) does not apply AND
article 2(1)(h) does not apply AND
article 2(1)(i) does not apply AND
article 2(1)(j) does not apply
FORWARD RULE PROVIDES
IF article 2(1)(b) applies THEN
article 2(1)(a) does not apply AND
article 2(1)(c) does not apply AND
article 2(1)(d) does not apply AND
article 2(1)(e) does not apply AND
article 2(1)(f) does not apply AND
article 2(1)(g) does not apply AND
article 2(1)(h) does not apply AND
article 2(1)(i) does not apply AND
article 2(1)(j) does not apply
FORWARD RULE PROVIDES
IF article 2(1)(c) applies THEN
article 2(1)(a) does not apply AND
article 2(1)(b) does not apply AND
article 2(1)(d) does not apply AND
article 2(1)(e) does not apply AND
article 2(1)(f) does not apply AND
article 2(1)(g) does not apply AND
article 2(1)(h) does not apply AND
article 2(1)(i) does not apply AND
article 2(1)(j) does not apply
FORWARD RULE PROVIDES
IF article 2(1)(d) applies THEN
article 2(1)(a) does not apply AND
article 2(1)(b) does not apply AND
article 2(1)(c) does not apply AND
article 2(1)(e) does not apply AND
article 2(1)(f) does not apply AND
article 2(1)(g) does not apply AND
article 2(1)(h) does not apply AND
article 2(1)(i) does not apply AND
article 2(1)(j) does not apply
FORWARD RULE PROVIDES
IF article 2(1)(e) applies THEN
article 2(1)(a) does not apply AND
article 2(1)(b) does not apply AND
article 2(1)(c) does not apply AND
article 2(1)(d) does not apply AND
article 2(1)(f) does not apply AND
article 2(1)(g) does not apply AND
article 2(1)(h) does not apply AND
article 2(1)(i) does not apply AND
article 2(1)(j) does not apply
FORWARD RULE PROVIDES
IF article 2(1)(f) applies THEN
article 2(1)(a) does not apply AND
article 2(1)(b) does not apply AND
article 2(1)(c) does not apply AND
article 2(1)(d) does not apply AND
article 2(1)(e) does not apply AND
article 2(1)(g) does not apply AND
article 2(1)(h) does not apply AND
article 2(1)(i) does not apply AND
article 2(1)(j) does not apply
FORWARD RULE PROVIDES
IF article 2(1)(g) applies THEN
article 2(1)(a) does not apply AND
article 2(1)(b) does not apply AND
article 2(1)(c) does not apply AND
article 2(1)(d) does not apply AND
article 2(1)(e) does not apply AND
article 2(1)(f) does not apply AND
article 2(1)(h) does not apply AND
article 2(1)(i) does not apply AND
article 2(1)(j) does not apply
FORWARD RULE PROVIDES
IF article 2(1)(h) applies THEN
article 2(1)(a) does not apply AND
article 2(1)(b) does not apply AND
article 2(1)(c) does not apply AND
article 2(1)(d) does not apply AND
article 2(1)(e) does not apply AND
article 2(1)(f) does not apply AND
article 2(1)(g) does not apply AND
article 2(1)(i) does not apply AND
article 2(1)(j) does not apply
FORWARD RULE PROVIDES
IF article 2(1)(i) applies THEN
article 2(1)(a) does not apply AND
article 2(1)(b) does not apply AND
article 2(1)(c) does not apply AND
article 2(1)(d) does not apply AND
article 2(1)(e) does not apply AND
article 2(1)(f) does not apply AND
article 2(1)(g) does not apply AND
article 2(1)(h) does not apply AND
article 2(1)(j) does not apply
FORWARD RULE PROVIDES
IF article 2(1)(j) applies THEN
article 2(1)(a) does not apply AND
article 2(1)(b) does not apply AND
article 2(1)(c) does not apply AND
article 2(1)(d) does not apply AND
article 2(1)(e) does not apply AND
article 2(1)(f) does not apply AND
article 2(1)(g) does not apply AND
article 2(1)(h) does not apply AND
article 2(1)(i) does not apply
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