Session 2010 - 12
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Charities Bill [HL]


Charities Bill [HL]
Part 17 — The Tribunal
Chapter 1 — General

152

 

316     

Rules relating to appeals, applications or references

(1)   

This section applies in relation to appeals, applications or references to the

Tribunal which are mentioned in section 315(2).

(2)   

The Lord Chancellor may make rules—

(a)   

specifying steps which must be taken before appeals, applications or

5

references are made to the Tribunal (and the period within which any

such steps must be taken);

(b)   

requiring the Commission to inform persons of their right to appeal or

apply to the Tribunal following a final decision, direction or order of

the Commission.

10

(3)   

Tribunal Procedure Rules may make any other provision regulating the

exercise of rights to appeal or to apply to the Tribunal and matters relating to

the making of references to it.

(4)   

Rules under subsection (2) or (3) may confer a discretion on—

(a)   

the Tribunal, or

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(b)   

any other person.

(5)   

Rules of the Lord Chancellor under this section—

(a)   

are to be made by statutory instrument, and

(b)   

are subject to annulment in pursuance of a resolution of either House

of Parliament.

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(6)   

Rules of the Lord Chancellor under this section may make—

(a)   

different provision for different cases, and

(b)   

such supplemental, incidental, consequential or transitional provision

or savings as the Lord Chancellor considers appropriate.

317     

Appeal from Tribunal

25

(1)   

For the purposes of sections 11(2)and 13(2) of the Tribunals, Courts and

Enforcement Act 2007, the Commission and the Attorney General are to be

treated as parties to cases before the Tribunal in respect of any such appeal,

application or reference as is mentioned in section 315(2).

(2)   

In the case of an appeal under section 11 or 13 of the Tribunals, Courts and

30

Enforcement Act 2007 against a decision of the Tribunal which determines a

question referred to it by the Commission or the Attorney General, the tribunal

or court hearing the appeal—

(a)   

must consider afresh the question referred to the Tribunal, and

(b)   

may take into account evidence which was not available to the

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Tribunal.

318     

Intervention by Attorney General

(1)   

This section applies to any proceedings—

(a)   

before the Tribunal, or

(b)   

on an appeal from the Tribunal,

40

   

to which the Attorney General is not a party.

(2)   

The appropriate body may at any stage of the proceedings direct that all the

necessary papers in the proceedings be sent to the Attorney General.

 
 

Charities Bill [HL]
Part 17 — The Tribunal
Chapter 2 — Appeals and applications to Tribunal

153

 

(3)   

A direction under subsection (2) may be made by the appropriate body—

(a)   

of its own motion, or

(b)   

on the application of any party to the proceedings.

(4)   

The Attorney General may—

(a)   

intervene in the proceedings in such manner as the Attorney General

5

thinks necessary or expedient, and

(b)   

argue before the appropriate body any question in relation to the

proceedings which the appropriate body considers it necessary to have

fully argued.

(5)   

Subsection (4) applies whether or not a direction is given under subsection (2).

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(6)   

In this section “the appropriate body” means the Tribunal or, in the case of an

appeal from the Tribunal, the tribunal or court hearing the appeal.

Chapter 2

Appeals and applications to Tribunal

319     

Appeals: general

15

(1)   

Except in the case of a reviewable matter (see section 322) an appeal may be

brought to the Tribunal against any decision, direction or order mentioned in

column 1 of Schedule 6.

(2)   

Such an appeal may be brought by—

(a)   

the Attorney General, or

20

(b)   

any person specified in the corresponding entry in column 2 of

Schedule 6.

(3)   

The Commission is to be the respondent to such an appeal.

(4)   

In determining such an appeal the Tribunal—

(a)   

must consider afresh the decision, direction or order appealed against,

25

and

(b)   

may take into account evidence which was not available to the

Commission.

(5)   

The Tribunal may—

(a)   

dismiss the appeal, or

30

(b)   

if it allows the appeal, exercise any power specified in the

corresponding entry in column 3 of Schedule 6.

320     

Appeals: orders under s.52

(1)   

Section 319(4)(a) does not apply in relation to an appeal against an order made

under section 52 (power to call for documents).

35

(2)   

On such an appeal the Tribunal must consider whether the information or

document in question—

(a)   

relates to a charity;

(b)   

is relevant to the discharge of the functions of the Commission or the

official custodian.

40

 
 

Charities Bill [HL]
Part 17 — The Tribunal
Chapter 2 — Appeals and applications to Tribunal

154

 

(3)   

The Tribunal may allow such an appeal only if it is satisfied that the

information or document in question does not fall within subsection (2)(a) or

(b).

321     

Reviews

(1)   

An application may be made to the Tribunal for the review of a reviewable

5

matter.

(2)   

Such an application may be made by—

(a)   

the Attorney General, or

(b)   

any person mentioned in the entry in column 2 of Schedule 6 which

corresponds to the entry in column 1 which relates to the reviewable

10

matter.

(3)   

The Commission is to be the respondent to such an application.

(4)   

In determining such an application the Tribunal must apply the principles

which would be applied by the High Court on an application for judicial

review.

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(5)   

The Tribunal may—

(a)   

dismiss the application, or

(b)   

if it allows the application, exercise any power mentioned in the entry

in column 3 of Schedule 6 which corresponds to the entry in column 1

which relates to the reviewable matter.

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322     

Reviewable matters

(1)   

In this Chapter references to reviewable matters are to—

(a)   

decisions to which subsection (2) applies, and

(b)   

orders to which subsection (3) applies.

(2)   

This subsection applies to decisions of the Commission—

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(a)   

to institute an inquiry under section 46 with regard to a particular

institution;

(b)   

to institute an inquiry under section 46 with regard to a class of

institutions;

(c)   

not to make a common investment scheme under section 96;

30

(d)   

not to make a common deposit scheme under section 100;

(e)   

not to make an order under section 105 (power to authorise dealings

with charity property etc.) in relation to a charity;

(f)   

not to make an order under section 117 (restrictions on dispositions of

land) in relation to land held by or in trust for a charity;

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(g)   

not to make an order under section 124 (restrictions on mortgages) in

relation to a mortgage of land held by or in trust for a charity.

(3)   

This subsection applies to an order made by the Commission under section

147(2) (investigation and audit) in relation to a charitable company.

323     

Remission of matters to Commission

40

References in column 3 of Schedule 6 to the power to remit a matter to the

Commission are to the power to remit the matter—

 
 

Charities Bill [HL]
Part 17 — The Tribunal
Chapter 3 — References to Tribunal

155

 

(a)   

generally, or

(b)   

for determination in accordance with a finding made or direction given

by the Tribunal.

324     

Power to amend provisions relating to appeals and applications to Tribunal

(1)   

The Minister may by order—

5

(a)   

amend or otherwise modify an entry in Schedule 6,

(b)   

add an entry to Schedule 6, or

(c)   

remove an entry from Schedule 6.

(2)   

An order under subsection (1) may make such amendments, repeals or other

modifications of—

10

(a)   

sections 319 to 323, or

(b)   

an enactment which applies this Chapter and Schedule 6,

   

as the Minister considers appropriate in consequence of any change in

Schedule 6 made by the order.

(3)   

Subsections (1) and (2) apply (with the necessary modifications) in relation to

15

section 57 of the Charities Act 2006 as if—

(a)   

that section were contained in this Chapter, and

(b)   

the reference in subsection (2) to sections 319 to 323 included a

reference to any other provision relating to appeals to the Tribunal

which is contained in Chapter 1 of Part 3 of the Charities Act 2006.

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Chapter 3

References to Tribunal

325     

References by Commission

(1)   

A question which—

(a)   

has arisen in connection with the exercise by the Commission of any of

25

its functions, and

(b)   

involves either the operation of charity law in any respect or its

application to a particular state of affairs,

   

may be referred to the Tribunal by the Commission if the Commission

considers it desirable to refer the question to the Tribunal.

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(2)   

The Commission may make such a reference only with the consent of the

Attorney General.

(3)   

The Commission is to be a party to proceedings before the Tribunal on the

reference.

(4)   

The following are entitled to be parties to proceedings before the Tribunal on

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the reference—

(a)   

the Attorney General, and

(b)   

with the Tribunal’s permission—

(i)   

the charity trustees of any charity which is likely to be affected

by the Tribunal’s decision on the reference,

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(ii)   

any such charity which is a body corporate, and

(iii)   

any other person who is likely to be so affected.

 
 

 
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Revised 28 June 2011