Charities and Non Profit Organisations (Enabling Provisions) (Guernsey and Alderney) Law, 2009

Summary

This is an enabling Law that empowers the States of Guernsey to make Ordinances regulating non profit organisations (including charities) and their directors, employees, officers and trustees in Guernsey and Alderney. It does not itself impose registration, reporting or conduct requirements on any organisation; instead it sets out the scope and limits of the subordinate Ordinances that create the actual regulatory regime (notably the Charities etc. (Guernsey and Alderney) Ordinance, 2021, made under this Law).

• Scope of Ordinance-making power: Section 1 allows the States to legislate on non profit organisations, non profit organisational activities, and related directors, employees, officers and trustees.
• Matters Ordinances may cover: Section 2 lists an extensive, non-exhaustive range of matters an Ordinance may address, including establishing a Registrar of Non Profit Organisations, powers of investigation, entry, inspection and search, information disclosure, licensing/authorisation, sanctions and penalties, fees, appeals, tribunals, and implementation of international instruments.
• Constraints on subordinate legislation: Section 3 sets limits on Ordinances made under the Law, including caps on offence penalties (no offences triable only on indictment, and a two-year maximum term of imprisonment on indictment), a bar on retrospective criminal liability, and a requirement that Ordinances not apply to Alderney unless approved (or deemed approved) by the States of Alderney.
• Key definitions: Section 4 defines terms such as "non profit organisation", "charity", "relevant entity" (an organisation based in Guernsey or Alderney) and related concepts, which frame the scope of any Ordinance made under the Law.

Because this is framework/enabling legislation rather than an operative regulatory instrument, compliance officers should look to the Ordinances made under it (particularly the Charities etc. (Guernsey and Alderney) Ordinance, 2021 and its 2023 amendment) for the substantive obligations applicable to charities and non profit organisations.

Applies to

non profit organisations, charities, directors, employees, officers and trustees of non profit organisations, Registrar of Non Profit Organisations

Deadlines

• 15th April, 2010: Date the Law came into force (following Royal Sanction on 31st March, 2010).
• four months following approval by the States of Deliberation: An Ordinance made under this Law is deemed approved for application to Alderney unless the States of Alderney resolve to disapprove it within this period.