Upcoming changes to charity applications and annual returns
The Charity Commissioner would like to hear the views of charity governors about proposed changes to charity applications and annual returns. It is proposed that from the 1st June 2025, charity’s will need to use a revised fit and proper person declaration form when submitting an application to register or completing a charity’s annual return to the Charity Commissioner.
The new declaration form will not need to be submitted to the Commissioner but the applicant or governors of the charity will need to confirm that they have each completed the new form and the charity should keep copies of them in case the Commissioner wishes to see them in the future.
Currently, the fit and proper person declaration requires governors to confirm that no reportable matter is applicable to him or her. A reportable matter includes misconduct in respect of serving as a governor of a registered charity, disqualification as a director, bankruptcy, and convictions for certain offences.
This criteria is being extended from the 1st June 2025 to include as reportable matters:
- Any unspent convictions
- Any convictions relating to offences against children or vulnerable adults (whether spent or unspent).
A governor must promptly report to their charity and the Charity Commissioner any reportable matter. If a governor reports a reportable matter to the Commissioner, the Commissioner must make inquiries to determine whether the governor is a fit and proper person to be a governor. A person must not act as a governor of a registered charity at any time after reporting a reportable matter unless the Charity Commissioner has given permission for them to do so or has applied conditions under which the person may continue to operate as a charity governor.
Background
On the 11th June 2024, the Minister for External Relations decided to approve Law Drafting instructions to amend the Charities (Jersey) Law 2014. MD-ER-2024-455 The proposed legislative amendments extend the definition of misconduct to provide the Charity Commissioner with greater powers to exclude governors of charities on safeguarding grounds. These changes are designed to enhance public safety for those who receive services from or work with charities.
Charity governors are invited to comment about the proposed changes by emailing the Office of the Jersey Charity Commissioner on info@charitycommissioner.je before the end of February 2025. The Commissioner will publish a summary of this consultation on the Commissioner’s website www.charitycommissioner.je
ENDS
