The decision whether to register or deregister a charity is the responsibility of the Charities Registration Board. Every year, hundreds of organisations register or deregister as a charity. In the 2024 – 2025 financial year, 1,288 organisations became registered charities, and 890 deregistered. Most deregistrations are either voluntary or occur when a charity has persistently failed to file its annual returns.

In most cases, the Board formally delegates the responsibility to Charities Services to carry out under the Board’s authority. The Board focuses its attention on novel or complex cases, for example, where there is doubt about whether an organisation’s purpose is charitable, or where there is evidence that indicates serious wrongdoing by a charity or its officer(s).

This year, the Board’s authority to make decisions at a time when it had only three members was challenged in court. For a brief period in 2024, following changes to the Charities Act 2005, the Charities Registration Board had three members and two newly created positions, which were vacant until December 2024. In May this year, the High Court determined that the Board must have five appointed members at all times to be able to make lawful decisions (with three members constituting a quorum). The Board now has five appointed members and processes are in place to ensure that the Board will always have five members. In the time period when the Board had three members, it also signed an instrument of delegation.

The Board has considered advice on any implications for registration and deregistration decisions made under delegated authority during the period when it did not have five members. The Board is satisfied that all decisions made by the Board during the period remain valid. All entities to which these decisions relate can continue to rely on the decisions made by the Board or under delegation from the Board.  The Board and Department will continue to act on the basis of those decisions.