We are often asked when a charity will be registered after applying to Charity Services. This is because the time between applying and getting positive news can be 12 weeks, or more. The simple answer is Charities Services can backdate to when you first applied, but there are two criteria under section 20 of the Charities Act 2005 (the Act) that must be considered. These might affect if they can backdate and are:
- When did Charities Services receive a “complete” application?
- Was the entity “qualified for registration” as a charitable entity at all times during the period between the effective registration date and the date the entity became registered as a charitable entity?
A completed application requires a completed application form and a copy of the entity’s legal rules. An entity is “qualified for registration” where the application meets all key registration requirements under the Act. This could have an impact on the date. For example, if an entity was required to amend its rules to meet these requirements, then Charities Services can only backdate the registration date to the date of these amendments were legally effective. However, the High Court has allowed the backdating of an application where such amendments were “for the avoidance of doubt”.
Charities Services have the power to backdate an application to the date they received a complete application for an entity that is qualified for registration at all times from the period of effective registration and the date of actual registration. A backdated registration is referred to as the effective registration time, being the date registration was effective rather than when it occurred.
The High Court has interpreted the Charities Services ability to backdate as a means of addressing the otherwise adverse consequences for charities of administrative delays. However, this discretionary ability was not found to extend to charities that have been deregistered and have applied for another application to be registered. The Court, alternatively, does have the power to do so. This means that if a charity wishes to have a backdated registration following deregistration it would need to appeal to the courts for an order to do so.
In summary, while most applications can be backdated if you are asked to amend your documents it may not be possible unless the changes are not very material. We have helped many charities get registered and are happy to provide advice for your specific situation or answer any questions you may have.
If you have any further queries please do not hesitate to contact one of our experts at Parry Field Lawyers- stevenmoe@parryfield.com, sophietremewan@parryfield.com, michaelbelay@parryfield.com or annemariemora@parryfield.com
This article is general in nature and is not a substitute for legal advice. You should talk to a lawyer about your specific situation. Reproduction is permitted with prior approval and credit being given back to the source.
