About Us

The Commissioners, who offer their services on a voluntary basis, provide various services for charities. Many of the services are of a judicial or quasi-judicial nature and must be exercised according to the strict rule of law which governs charities. Applications by Trustees for the exercise by the Commissioners of their powers are processed by the Secretariat and submitted to the Commissioners at their monthly meetings. No charge is made by way of fee or duty for services rendered by the Commissioners to the Charities. Neither remuneration nor expenses are sought by or paid to the Commissioners.

The powers exercisable by the Commissioners include the following:-

• To appoint new Trustees
  The Commissioners may appoint trustees of a charitable trust either to fill a vacancy or as additional trustees under Section 43 of the charities Act 1961 as amended by Section 14 of the Charities Act 1973. An application to appoint new trustees is made by way of a Statutory Declaration and details of the Commissioners’ guidelines for making an application to Appoint New Trustees are set out at Form No. 1. Such appointments may be made either in substitution for or in addition to any existing Trustee or Trustees or although there is no existing Trustee. The application may be made by the Trustee or Trustees of the Charity or, if they cannot be found, by any person having an interest in the charity property.
• To authorise the disposition of lands held upon charitable trusts:-
  Under Section 34 of the Charities Act 1961 as amended by Section 11 of the Charities Act 1973 the Commissioners may authorise the sale or disposition of lands held upon charitable trusts where the Trustees do not otherwise have a power in that behalf. Dispositions which may be sanctioned include the following:-
  
  
  1. A sale by a charity to a non charity for full value – Commissioners’ guidelines and the Memo for the Board are set out at Form No. 2 and the Form of Authorisation of Sale is at Form No. 3
  2. A transfer by a charity to another charity for below market value – Commissioners’ guidelines and the Memo for the Board are set out at Form No. 4 and the Form of Authorisation of Transfer is at Form No. 5
  3. A lease by a charity – The Commissioners’ guidelines and the Memo for the Board are set out at Form No. 6 and the Form of Authorisation of Lease is set out at Form No. 7
  4. A Surrender of a Lease by a charity – The Commissioners’ guidelines and the Memo for the Board are set out at Form No. 8 and the Form of Authorisation of Surrender is set out at Form No. 9
  5. A Mortgage of charity property – The Commissioners’ guidelines and the Memo for the Board are set out at Form No. 10 and the Form of Authorisation of Mortgage is set out at Form No. 11
  6. An Exchange of charity property – The Commissioners’ guidelines and the Memo for the Board are set out at Form No.12 and the Form of Authorisation of Exchange is set out at Form No. 13

The Commissioners may authorise the disposition of Charity lands where the Trustees of the Charity do not have power to dispose of the lands.

• To frame Schemes applying Charity property Cy-Pres (as near as possible to the intentions of the original Donor) under Section 29 of the Charities Act 1961 as amended by Section 8 of the Charities Act 1973 and Part two of the Social Welfare (Miscellaneous Amendments) Act 2002. The power to settle Cy-Pres Schemes without monetary limit has been vested in the Commissioners since 2002. The Commissioners requirements to settle such Schemes are set out at Form No. 14 and a precedent Scheme is set out at Form No.16.
• To advise Trustees experiencing difficulty in administering a charitable trust, or Executors in administering a charitable devise or bequest under their control.
  Under Section 21 of the Charities Act 1961 the Commissioners may advise Trustees who have a difficulty in relation to the administration of a charitable trust. The Commissioners requirements in relation to the making of such an application are set out at Form No. 17.
• To compromise claims by or against Charity.
  Under Section 22 of the Charities Act 1961 the Commissioners may sanction a compromise in relation to a claim made by or against a Charity and the Commissioners requirements in relation to the making of such an application are set out at Form No. 18.
• To frame Schemes of Incorporation under Sections 2 and 3 of the Charities Act, 1973
  The Commissioners may, on application by Trustees of a charity, frame under their Seal a Scheme incorporating the Trustees as a Body Corporate and details of the Commissioners requirements in relation to the making of such an application are set out at Form No.19.
• To make vesting Orders freeing Charity Property from the operation of onerous covenants in leases made pursuant to the Leases for Schools (Ireland) Act, 1881 and other leases for charitable purposes where the person entitled to the lessor’s interest is unknown or cannot be found under Section 6 of the Charities Act 1973.
• To invest Charity funds.
  The Commissioners have power to invest funds on behalf of Charities but it has not been the practise of the Board to accept new charity funds in recent years.
• To receive and examine summary forms received from the Probate Office supplying details of all charitable bequests.