Charities
(Additional Information) (Jersey) Order 2018
Made 26th April 2018
Coming into force 1st
May 2018
THE CHIEF MINISTER, in pursuance of Articles 8(3)(n), 11(2)(e)(iv), 13(7) to (9)
and 39(1) of the Charities (Jersey) Law 2014[1], orders as follows –
1 Interpretation
In this Order –
“connected person”
means a person connected with a governor, within the meaning of Article 2;
“core financial information”
has the meaning given by Regulation 1 of the Charities (Core Financial
Information) (Jersey) Regulations 2018[2];
“governor payment”
has the meaning given by Article 2.
2 Governor
payment defined
(1) In
this Order “governor payment” means a payment made by or on behalf
of a registered charity to a governor of that charity, or to a person connected
with a governor of that charity.
(2) For
the purpose of paragraph (1), the question of whether a person is
connected with another person is to be determined in accordance with paragraphs (3)
to (6).
(3) An
individual is connected with a governor if that individual –
(a) is
the wife, husband or civil partner (referred to in this paragraph and paragraph (4)
as a “spouse”) of the governor;
(b) is
a brother, sister, ancestor or descendant (referred to in this paragraph and paragraph (4)
as a “relative”) of the governor;
(c) is
the spouse of a relative of the governor;
(d) is
a relative of the governor’s spouse; or
(e) is
the spouse of a relative of the governor’s spouse.
(4) A
person is also connected with a governor if the governor is in
partnership –
(a) with
that person; or
(b) with
a spouse or relative of that person.
(5) A
company is connected with another person if –
(a) that
person has control of it; or
(b) that
person, and persons connected with that person, have control of it.
(6) A
company is also connected with another company if –
(a) the
same person has control of both companies;
(b) a
person has control of one company and –
(i) persons connected
with that person have control of the other company, or
(ii) that person, and
persons connected with that person, have control of the other company;
(c) the
same group of persons has control of each company; or
(d) different
groups of persons have control of each company, but every person who is a
member of only one of those groups is connected with at least one member of the
other group.
(7) A
payment (whether of money or money’s worth, and whether for expenses or
otherwise) is not to be treated as a governor payment if it is of an amount or
of a nature that falls within a description that the Commissioner has declared,
by notice to the charity or to registered charities in general, not to be so significant
as to require inclusion in the annual return.
3 Additional
financial information for annual return
(1) A
registered charity must include in its annual return –
(a) the
core financial information in relation to that charity and to the year to which
the return relates; and
(b) the
charity’s most recent, if any, financial accounts.
(2) A
registered charity must include in its annual return details of any governor
payments made, during the year to which the return relates, by or on behalf of
the registered charity.
(3) The
details provided under paragraph (2) –
(a) may
be given for each payment individually, subject to sub-paragraphs (b) and
(d);
(b) must
include the total of the amounts of the governor payments for the year, or
enable that total to be readily calculated;
(c) must
include the name of each governor or connected person who was paid, and, in the
case of a connected person, the name of the governor to whom the person is
connected;
(d) must
include the total of the amounts paid in the year to each governor or connected
person, or include details from which that total can be readily calculated;
(e) must
include a description of any services or goods that the charity has obtained as
a result of the governor payments, in relation to each governor or connected
person paid (whether in relation to each payment individually or to a total of
payments in the year to that governor or connected person for that description
of services or goods).
(4) When
a registered charity makes its first annual return after registering, it must
also include the core financial information in relation to any period
between –
(a) the
end of the year or other period in relation to which it provided the core
financial information that it submitted with its application for registration;
and
(b) the
start of the year to which the first annual return relates.
4 Entry
of additional financial information on the register
(1) The
Commissioner must enter in the register, in respect of the registered charity, the
following information, to the extent that it is not already registered under Articles 8(3)(a)
to (l) and 12(2) of the Charities (Jersey) Law 2014 –
(a) the
core financial information provided with the application for registration;
(b) the
details, or a summary of the details, provided under Article 11(2)(e)(ii)
of the Charities (Jersey) Law 2014 with the application for registration;
(c) the
core financial information included, under Article 3(1), in each annual
return of the charity; and
(d) the
details, or a summary of the details, of governor payments that are included,
under Article 3(2), in each annual return of the charity.
(2) A
summary for the purpose of paragraph (1)(b) or (d) may be drawn up by
reference to the totals described in Article 3(3) or in any other manner
appearing to the Commissioner to be appropriate.
5 Entry
of additional non-financial information on the register
The Commissioner must enter in the register, in respect of the
registered charity –
(a) whether
the charity is registered under the Non-Profit Organizations (Jersey) Law 2008[3];
(b) whether
the charity has a website or other source of electronic communication of
information about the entity to the public, and, if so, how that may be
accessed by the public;
(c) whether
the charity, when it applied for registration, intended to take over the property
or functions of an existing registered charity, and, if so, which one; and
(d) whether
the charity has previously been deregistered.
6 Citation
and commencement
This Order may be cited as the Charities (Additional Information)
(Jersey) Order 2018 and comes into force on the coming into force of Part 4
of the Charities (Jersey) Law 2014[4].
senator P.F. Routier, M.B.E.
for and on behalf of
Chief Minister