Policy & Resources Committee - P.2019/136
The States are asked to decide:
Whether, after consideration of the Policy Letter dated 12th November, 2019, of the Policy & Resources Committee, they are of the opinion:-
1. To agree to the introduction of a single register of NPOs and the repeal of the requirement for the Registrar to maintain a separate register of charities
2. To agree to amend the definition of NPOs by the introduction of a charitable purposes test, which may be amended by regulations made by the Committee after consultation with the Registrar
3. To agree to amend the criteria for registration to bring them in line with the risks posed by the NPO sector
4. To agree to the introduction of a power for the Committee to make regulations, after consultation with the Registrar, exempting types or classes of NPO from the requirement for registration or from particular obligations attaching to registration, including NPOs who register voluntarily, and making changes in respect of the thresholds or any exemptions that have been put in place
5. To agree to the widening of the Registrar's powers to refuse applications for registration
6. To agree to the introduction of restrictions on the persons who may act as owners, controllers or directors of NPOs
7. To agree to the introduction of a power for the Committee to make regulations, after consultation with the Registrar, in respect of governance measures applicable to NPOs, including in respect of ethical standards
8. To agree to the introduction of wider information-gathering and oversight powers for the Registrar and information sharing gateways between the Registrar and other parties
9. To agree to the introduction of an exemption from the requirement to provide information about the owners, controllers or directors of NPOs that are Guernsey or Alderney legal persons where that information has already been provided under the registration requirements applicable to those legal persons upon and subsequent to incorporation, and to any amendments to the Beneficial Ownership of Legal Persons (Guernsey) Law, 2017 that may be necessary to ensure consistency of sanctioning powers
10. To agree to changes to the sanctions applicable for non-compliance with the registration requirements
11. To agree to the introduction of a reporting requirement in respect of certain categories of transaction and a power for the Committee to make regulations, after consultation with the Registrar, amending the categories of transaction exempt from this requirement
12. To agree to the repeal of the Law and the introduction of new legislation consolidating the registration framework applicable to Guernsey and Alderney as outlined in the Policy Letter; and
13. To direct the preparation of such legislation as may be necessary to give effect the foregoing, including any necessary consequential and incidental provision.
The above Propositions have been submitted to Her Majesty's Procureur for advice on any legal or constitutional implications in accordance with Rule 4(1) of the Rules of Procedure of the States of Deliberation and their Committees.
