The effectiveness of a charity law is now being scrutinised.Tynwald's Standing Committee on the Business and Functioning of the Legislative Council is carrying out post-legislative scrutiny of the Charities Registration and Regulation Act 2019.

 Post-legislative scrutiny refers to the practice of reviewing the implementation and impact of a law after it has come into operation, in order to evaluate whether or not the law has achieved what is set out to do.

 The Charities Registration and Regulation Act 2019 came fully into operation in April 2020.  Having replaced the Charities Registration Act 1989, it is now the principal law providing for the registration and regulation of charities in the Isle of Man.   

The committee will examine the extent to which the Charities Registration and Regulation Act 2019 has achieved its intended purposes.

These were:  

To update the meaning of ‘charity’ to bring it in line with the definition in the UK Charities Act 2006;

To provide for a modern register of charities carrying out activities within the Island;

To ensure that charities have constitutional documents which are fit for purpose;

To ensure the more effective regulation of charities by increasing reporting requirements and ensuring accountability within the Island;

To improve public service and administrative efficiency by combining the functions of registrar and regulator in HM Attorney General; and

To provide a simplified mechanism for appealing decisions of the registrar/regulator by establishing a Charities Tribunal.

The committee is looking for written submissions from anyone who would like to comment.

The committee says it is particularly interested in hearing from those with direct experience of dealing with the new system of registration and regulation. 

Submissions should be sent to the address below by noon on Friday, October 13. Email is preferred but hard copy is equally acceptable.

The committee may choose to make public any information it receives. Personal contact details are routinely redacted in advance of such publication.

If there is any other information in your submission that you do not wish the Committee to publish, or that you believe the Committee should not publish, explain this in your submission.

 The committee may hold oral hearings on this topic.  If you would be interested in giving evidence at an oral hearing, indicate this in your submission. 

 A working group comprising Tanya August-Hanson MLC, Dawn Kinnish MLC, and Rob Mercer MLC will undertake the scrutiny on behalf of the committee. 

The progress of the inquiry can be followed via the Tynwald website.

Contact:

Jo Corkish

Clerk to the Committee

Legislative Buildings, Finch Road, Douglas, Isle of Man, IM1 3P1