CHARITIES (REPORTABLE MATTERS) (JERSEY) ORDER 2025, coming into force on 1 June 2025

The Charities (Reportable Matters) (Jersey) Order 2025 has introduced several essential changes to the regulation of charities in Jersey.

Here are some key points:

1. Extended Criteria for Reportable Matters: From June 1, 2025, the criteria for reportable matters will include any unspent convictions and any convictions relating to offences against children or vulnerable adults, whether spent or unspent
2. Fit and Proper Person Declaration: Charities must use a revised fit and proper person declaration form when submitting applications to register or completing annual returns. Governors must confirm that they have completed the new form and keep copies for potential future review by the Charity Commissioner  
3. Reporting Obligations: Governors must promptly report any reportable matter to their charity and the Charity Commissioner. If a reportable matter is reported, the Charity Commissioner will determine whether the governor is fit to continue serving  

The Jersey government discussed and decided upon the Charities (Reportable Matters) (Jersey) Order 2025 to enhance the regulatory framework for charities.

Here are some key points from the discussions and decisions:

1. Consultation Process: In early 2025, the Jersey Charity Commissioner consulted with charity governors to gather their views on the proposed changes. The majority of respondents were in favour of the changes.
2. Proposed Changes: The changes include extending the criteria for reportable matters to include any unspent convictions and any convictions relating to offences against children or vulnerable adults, whether spent or unspent. This aims to enhance public safety and ensure that individuals in governance roles are appropriately vetted.
3. Government Approval: The Minister for External Relations approved the law drafting instructions to amend the Charities (Jersey) Law 2014. The proposed ministerial order was designed to give the Charity Commissioner greater powers to exclude governors of charities on safeguarding grounds.
4. Implementation: The new requirements will take effect on June 1, 2025. Charities must use a revised fit and proper person declaration form when submitting registration applications or completing annual returns.

These discussions and decisions reflect the government's commitment to ensuring the integrity and safety of charities operating in Jersey.

These changes aim to enhance the integrity and safety of charities operating in Jersey by ensuring that individuals in governance roles are appropriately vetted and monitored.

KEY REFERENCES AND DOCUMENTS

References

• Results of consultation regarding changes to the fit and proper person ...https://charitycommissioner.je/results-of-consultation-regarding-changes-to-the-fit-and-proper-person-declaration/
• Model Declaration Charities (Jersey) Law 2014 Declaration by a ... https://charitycommissioner.je/wp-content/uploads/2025/02/Revised-Model-Declaration-with-effect-1st-June-2025.pdf
• States Assembly - R.69/2025 https://statesassembly.je/publications/assembly-reports/2025/r-69-2025

CHARITIES (REPORTABLE MATTERS) (JERSEY) ORDER 2025

Made                                                                                         

• 14 May 2025

Coming into force                                                                                            

• 1 June 2025

THE MINISTER FOR EXTERNAL RELATIONS makes this Order under Article 19(1)(h) of the Charities (Jersey) Law 2014 –

Interpretation

In this Order, “the Law” means the Charities (Jersey) Law 2014.

Reportable matters: prescribed descriptions

1. For the Law (and in addition to the matters listed in Article 19(1)(a) to (g) of the Law), each of the following is a reportable matter about a person –
   • The fact that the person has a conviction (whether or not spent) for an offence against a vulnerable person;
   • The fact that the person has an unspent conviction for an offence (unless the fact that the person has the sentence is a reportable matter under sub-paragraph (a) or under Article 19(1)(f) or (g) of the Law).
2. In paragraph (1)(a), “an offence against a vulnerable person” means an offence where the victim of the offence was, at the time the offence was committed –
   • Under the age of 18; or
   • Aged 18 or older and –
     • Had a mental disorder within the meaning of the Mental Health (Jersey) Law 2016;
     • Had a significant impairment of intelligence and social functioning; or
     • Had a physical disability or a physical disorder.
3. Citation and commencement

This Order, which comes into force on 1 June 2025, may be cited as the Charities (Reportable Matters) (Jersey) Order 2025.

References

• Results of consultation regarding changes to the fit and proper person ...https://charitycommissioner.je/results-of-consultation-regarding-changes-to-the-fit-and-proper-person-declaration/
• Model Declaration Charities (Jersey) Law 2014 Declaration by a ...https://charitycommissioner.je/wp-content/uploads/2025/02/Revised-Model-Declaration-with-effect-1st-June-2025.pdf
• States Assembly - R.69/2025 https://statesassembly.je/publications/assembly-reports/2025/r-69-2025