Session 2010 - 12
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Other Bills before Parliament

Charities Bill [HL]


Charities Bill [HL]
Schedule 6 — Appeals and applications to Tribunal

182

 
 

1 Decision, direction or order

2 Appellants/applicants (see

3 Tribunal powers if appeal or

 
  

sections 319(2)(b) and 321(2)(b))

application allowed

 
 

Order made by the

The persons are—

Power to—

 
 

Commission under section

(a)   

the charity trustee,

(a)   

quash the order in

 
 

80(1) removing a charity

(b)   

the remaining charity

whole or in part and

 

5

 

trustee.

trustees of the charity

(if appropriate) remit

 
  

of which that trustee

the matter to the

 
  

was a charity trustee,

Commission;

 
  

(c)   

(if a body corporate)

(b)   

substitute for all or

 
  

the charity itself, and

part of the order any

 

10

  

(d)   

any other person who

other order which

 
  

is or may be affected

could have been made

 
  

by the order.

by the Commission;

 
   

(c)   

add to the order

 
   

anything which could

 

15

   

have been contained

 
   

in an order made by

 
   

the Commission.

 
 

Order made by the

The persons are—

Power to—

 
 

Commission under section

(a)   

the other charity

(a)   

quash the order in

 

20

 

80(2) appointing a charity

trustees of the charity,

whole or in part and

 
 

trustee.

(b)   

(if a body corporate)

(if appropriate) remit

 
  

the charity itself, and

the matter to the

 
  

(c)   

any other person who

Commission;

 
  

is or may be affected

(b)   

substitute for all or

 

25

  

by the order.

part of the order any

 
   

other order which

 
   

could have been made

 
   

by the Commission;

 
   

(c)   

add to the order

 

30

   

anything which could

 
   

have been contained

 
   

in an order made by

 
   

the Commission.

 
 

Order made by the

The persons are—

Power to quash the order and

 

35

 

Commission under section

(a)   

the person whose

(if appropriate) remit the

 
 

83(2) which suspends a

membership is

matter to the Commission.

 
 

person’s membership of a

suspended by the

  
 

charity.

order, and

  
  

(b)   

any other person who

  

40

  

is or may be affected

  
  

by the order.

  
 

Order made by the

The persons are any person

Power to quash the order and

 
 

Commission under section

who is directed by the order to

(if appropriate) remit the

 
 

84(2) which directs a person to

take the specified action.

matter to the Commission.

 

45

 

take action specified in the

   
 

order.

   
 

Order made by the

The persons are any person

Power to quash the order and

 
 

Commission under section

who is directed by the order to

(if appropriate) remit the

 
 

85(2) which directs a person to

apply the property in the

matter to the Commission.

 

50

 

apply property in a specified

specified manner.

  
 

manner.

   
 

Order made by the

The persons are—

Power to quash the order and

 
 

Commission under section

(a)   

the person holding the

(if appropriate) remit the

 
 

87(3) in relation to a person

property in question,

matter to the Commission.

 

55

 

holding property on behalf of a

and

  
 

body entered in the Scottish

(b)   

any other person who

  
 

Charity Register or of any

is or may be affected

  
 

person concerned in its

by the order.

  
 

management or control.

   

60

 
 

Charities Bill [HL]
Schedule 6 — Appeals and applications to Tribunal

183

 
 

1 Decision, direction or order

2 Appellants/applicants (see

3 Tribunal powers if appeal or

 
  

sections 319(2)(b) and 321(2)(b))

application allowed

 
 

Order made by the

The persons are—

Power to—

 
 

Commission under section

(a)   

the charity trustees of

(a)   

quash the order and

 
 

93(2) in relation to any land

the charity,

(if appropriate) remit

 

5

 

vested in the official custodian

(b)   

(if a body corporate)

the matter to the

 
 

in trust for a charity.

the charity itself, and

Commission;

 
  

(c)   

any other person who

(b)   

substitute for the

 
  

is or may be affected

order any other order

 
  

by the order.

which could have

 

10

   

been made by the

 
   

Commission;

 
   

(c)   

add to the order

 
   

anything which could

 
   

have been contained

 

15

   

in an order made by

 
   

the Commission.

 
 

Decision of the Commission

The persons are—

Power to quash the decision

 
 

not to make a common

(a)   

the charity trustees of

and (if appropriate) remit the

 
 

investment scheme under

a charity which

matter to the Commission.

 

20

 

section 96.

applied to the

  
  

Commission for the

  
  

scheme,

  
  

(b)   

(if a body corporate)

  
  

the charity itself, and

  

25

  

(c)   

any other person who

  
  

is or may be affected

  
  

by the decision.

  
 

Decision of the Commission

The persons are—

Power to quash the decision

 
 

not to make a common deposit

(a)   

the charity trustees of

and (if appropriate) remit the

 

30

 

scheme under section 100.

a charity which

matter to the Commission.

 
  

applied to the

  
  

Commission for the

  
  

scheme,

  
  

(b)   

(if a body corporate)

  

35

  

the charity itself, and

  
  

(c)   

any other person who

  
  

is or may be affected

  
  

by the decision.

  
 

Decision by the Commission

The persons are—

Power to quash the decision

 

40

 

not to make an order under

(a)   

the charity trustees of

and (if appropriate) remit the

 
 

section 105 in relation to a

the charity, and

matter to the Commission.

 
 

charity.

(b)   

(if a body corporate)

  
  

the charity itself.

  
 

Direction given by the

The persons are—

Power to—

 

45

 

Commission under section 107

(a)   

the charity trustees of

(a)   

quash the direction

 
 

in relation to an account held in

the charity,

and (if appropriate)

 
 

the name of or on behalf of a

(b)   

(if a body corporate)

remit the matter to the

 
 

charity.

the charity itself, and

Commission;

 
  

(c)   

any other person who

(b)   

substitute for the

 

50

  

is or may be affected

direction any other

 
  

by the order.

direction which could

 
   

have been given by

 
   

the Commission;

 
   

(c)   

add to the direction

 

55

   

anything which could

 
   

have been contained

 
   

in a direction given by

 
   

the Commission.

 
 
 

Charities Bill [HL]
Schedule 6 — Appeals and applications to Tribunal

184

 
 

1 Decision, direction or order

2 Appellants/applicants (see

3 Tribunal powers if appeal or

 
  

sections 319(2)(b) and 321(2)(b))

application allowed

 
 

Order made by the

The persons are—

Power to—

 
 

Commission under section 112

(a)   

the solicitor,

(a)   

quash the order;

 
 

for the assessment of a

(b)   

any person for whom

(b)   

substitute for the

 

5

 

solicitor’s bill.

the work was done by

order any other order

 
  

the solicitor, and

which could have

 
  

(c)   

any other person who

been made by the

 
  

is or may be affected

Commission;

 
  

by the order.

(c)   

add to the order

 

10

   

anything which could

 
   

have been contained

 
   

in an order made by

 
   

the Commission.

 
 

Decision of the Commission

The persons are—

Power to quash the decision

 

15

 

not to make an order under

(a)   

the charity trustees of

and (if appropriate) remit the

 
 

section 117 in relation to land

the charity,

matter to the Commission.

 
 

held by or in trust for a charity.

(b)   

(if a body corporate)

  
  

the charity itself, and

  
  

(c)   

any other person who

  

20

  

is or may be affected

  
  

by the decision.

  
 

Decision of the Commission

The persons are—

Power to quash the decision

 
 

not to make an order under

(a)   

the charity trustees of

and (if appropriate) remit the

 
 

section 124 in relation to a

the charity,

matter to the Commission

 

25

 

mortgage of land held by or in

(b)   

(if a body corporate)

  
 

trust for a charity.

the charity itself, and

  
  

(c)   

any other person who

  
  

is or may be affected

  
  

by the decision.

  

30

 

Order made by the

The persons are—

Power to—

 
 

Commission under section

(a)   

the charity trustees of

(a)   

quash the order;

 
 

146(1) requiring the accounts of

the charity,

(b)   

substitute for the

 
 

a charity to be audited.

(b)   

(if a body corporate)

order any other order

 
  

the charity itself, and

which could have

 

35

  

(c)   

any other person who

been made by the

 
  

is or may be affected

Commission;

 
  

by the order.

(c)   

add to the order

 
   

anything which could

 
   

have been contained

 

40

   

in an order made by

 
   

the Commission.

 
 

Order made by the

The persons are—

Power to—

 
 

Commission under section

(a)   

the directors of the

(a)   

quash the order and

 
 

147(2) in relation to a charitable

company,

(if appropriate) remit

 

45

 

company.

(b)   

the company itself,

the matter to the

 
  

and

Commission;

 
  

(c)   

any other person who

(b)   

substitute for the

 
  

is or may be affected

order any other order

 
  

by the order.

which could have

 

50

   

been made by the

 
   

Commission;

 
   

(c)   

add to the order

 
   

anything which could

 
   

have been contained

 

55

   

in an order made by

 
   

the Commission.

 
 
 

Charities Bill [HL]
Schedule 6 — Appeals and applications to Tribunal

185

 
 

1 Decision, direction or order

2 Appellants/applicants (see

3 Tribunal powers if appeal or

 
  

sections 319(2)(b) and 321(2)(b))

application allowed

 
 

Order made by the

The persons are—

Power to—

 
 

Commission under section

(a)   

the charity trustees of

(a)   

quash the order or

 
 

147(5) in relation to a charitable

the company,

decision and (if

 

5

 

company, or a decision of the

(b)   

the company itself,

appropriate) remit the

 
 

Commission not to make such

(c)   

in the case of a

matter to the

 
 

an order in relation to a

decision not to make

Commission;

 
 

charitable company.

an order, the auditor,

(b)   

substitute for the

 
  

and

order any other order

 

10

  

(d)   

any other person who

of a kind the

 
  

is or may be affected

Commission could

 
  

by the order or the

have made;

 
  

decision.

(c)   

make any order which

 
   

the Commission could

 

15

   

have made.

 
 

Order made by the

The persons are—

Power to—

 
 

Commission under section

(a)   

the charity trustees of

(a)   

quash the order;

 
 

153(1) requiring the group

the parent charity,

(b)   

substitute for the

 
 

accounts of a parent charity to

(b)   

(if a body corporate)

order any other order

 

20

 

be audited.

the parent charity

which could have

 
  

itself, and

been made by the

 
  

(c)   

any other person who

Commission;

 
  

is or may be affected

(c)   

add to the order

 
  

by the order.

anything which could

 

25

   

have been contained

 
   

in an order made by

 
   

the Commission.

 
 

Order made by the

The persons are—

Power to—

 
 

Commission under section 155

(a)   

the charity trustees of

(a)   

quash the order or

 

30

 

in relation to a charity, or a

the charity,

decision and (if

 
 

decision of the Commission not

(b)   

(if a body corporate)

appropriate) remit the

 
 

to make such an order in

the charity itself,

matter to the

 
 

relation to a charity.

(c)   

in the case of a

Commission;

 
  

decision not to make

(b)   

substitute for the

 

35

  

an order, the auditor,

order any other order

 
  

independent examiner

of a kind the

 
  

or examiner, and

Commission could

 
  

(d)   

any other person who

have made;

 
  

is or may be affected

(c)   

make any order which

 

40

  

by the order or the

the Commission could

 
  

decision.

have made.

 
 

Order made by the

The persons are—

Power to—

 
 

Commission under section 155

(a)   

the charity trustees of

(a)   

quash the order or

 
 

in relation to a member of a

the member of the

decision and (if

 

45

 

group, or a decision of the

group,

appropriate) remit the

 
 

Commission not to make such

(b)   

(if a body corporate)

matter to the

 
 

an order in relation to a

the member of the

Commission;

 
 

member of a group.

group itself,

(b)   

substitute for the

 
  

(c)   

in the case of a

order any other order

 

50

  

decision not to make

of a kind the

 
  

an order, the auditor,

Commission could

 
  

independent examiner

have made;

 
  

or examiner, and

(c)   

make any order which

 
  

(d)   

any other person who

the Commission could

 

55

  

is or may be affected

have made.

 
  

by the order or the

  
  

decision.

  
 

Decision of the Commission

The persons are—

Power to quash the decision

 
 

under section 168(3) to request

(a)   

the charity trustees,

and (if appropriate) remit the

 

60

 

charity trustees to prepare an

and

matter to the Commission.

 
 

annual report for a charity.

(b)   

(if a body corporate)

  
  

the charity itself.

  
 
 

Charities Bill [HL]
Schedule 6 — Appeals and applications to Tribunal

186

 
 

1 Decision, direction or order

2 Appellants/applicants (see

3 Tribunal powers if appeal or

 
  

sections 319(2)(b) and 321(2)(b))

application allowed

 
 

Decision of the Commission

The persons are the charity

Power to quash the decision

 
 

not to dispense with the

trustees of any charity affected

and (if appropriate) remit the

 
 

requirements of section 169(1)

by the decision.

matter to the Commission.

 

5

 

in relation to a charity or class

   
 

of charities.

   
 

Decision of the Commission

The persons are—

Power to—

 
 

under section 181(2) to waive,

(a)   

the person who

(a)   

quash the decision

 
 

or not to waive, a person’s

applied for the

and (if appropriate)

 

10

 

disqualification.

waiver, and

remit the matter to the

 
  

(b)   

any other person who

Commission;

 
  

is or may be affected

(b)   

substitute for the

 
  

by the decision.

decision any other

 
   

decision of a kind

 

15

   

which could have

 
   

been made by the

 
   

Commission.

 
 

Order made by the

The persons are—

Power to—

 
 

Commission under section

(a)   

the person subject to

(a)   

quash the order and

 

20

 

184(3) in relation to a person

the order, and

(if appropriate) remit

 
 

who has acted as charity trustee

(b)   

any other person who

the matter to the

 
 

or trustee for a charity.

is or may be affected

Commission;

 
  

by the order.

(b)   

substitute for the

 
   

order any other order

 

25

   

which could have

 
   

been made by the

 
   

Commission.

 
 

Order made by the

The persons are—

Power to—

 
 

Commission under section

(a)   

the trustee or

(a)   

quash the order and

 

30

 

186(5) or (6) requiring a trustee

connected person,

(if appropriate) remit

 
 

or connected person to repay,

(b)   

the other charity

the matter to the

 
 

or not to receive, remuneration.

trustees of the charity

Commission;

 
  

concerned, and

(b)   

substitute for the

 
  

(c)   

any other person who

order any other order

 

35

  

is or may be affected

which could have

 
  

by the order.

been made by the

 
   

Commission.

 
 

Decision of the Commission to

The persons are—

Power to quash the decision

 
 

give, or withhold, consent

(a)   

the charity trustees of

and (if appropriate) remit the

 

40

 

under section 198(1) or 201(1)

the company,

matter to the Commission.

 
 

in relation to a charitable

(b)   

the company itself,

  
 

company.

and

  
  

(c)   

any other person who

  
  

is or may be affected

  

45

  

by the decision.

  
 

Decision of the Commission to

The persons are any person

Power to quash the decision

 
 

grant an application under

(other than the persons who

and (if appropriate)—

 
 

section 207 for the constitution

made the application) who is or

(a)   

remit the matter to the

 
 

of a CIO and its registration as

may be affected by the decision.

Commission;

 

50

 

a charity.

 

(b)   

direct the Commission

 
   

to rectify the register

 
   

of charities.

 
 

Decision of the Commission

The persons are—

Power to—

 
 

under section 208 to refuse an

(a)   

the persons who made

(a)   

quash the decision

 

55

 

application for the constitution

the application, and

and (if appropriate)

 
 

of a CIO and its registration as

(b)   

any other person who

remit the matter to the

 
 

a charity.

is or may be affected

Commission;

 
  

by the decision.

(b)   

direct the Commission

 
   

to grant the

 

60

   

application.

 
 
 

Charities Bill [HL]
Schedule 6 — Appeals and applications to Tribunal

187

 
 

1 Decision, direction or order

2 Appellants/applicants (see

3 Tribunal powers if appeal or

 
  

sections 319(2)(b) and 321(2)(b))

application allowed

 
 

Decision of the Commission

The persons are—

Power to quash the decision

 
 

under section 227 to refuse to

(a)   

the CIO,

and (if appropriate)—

 
 

register an amendment to the

(b)   

the charity trustees of

(a)   

remit the matter to the

 

5

 

constitution of a CIO.

the CIO, and

Commission;

 
  

(c)   

any other person who

(b)   

direct the Commission

 
  

is or may be affected

to register the

 
  

by the decision.

amendment.

 
 

Decision of the Commission

The persons are—

Power to—

 

10

 

under section 231 to refuse an

(a)   

the charity which

(a)   

quash the decision

 
 

application for the conversion

made the application,

and (if appropriate)

 
 

of a charitable company or a

(b)   

the charity trustees of

remit the matter to the

 
 

registered society into a CIO

the charity, and

Commission;

 
 

and the CIO’s registration as a

(c)   

any other person who

(b)   

direct the Commission

 

15

 

charity.

is or may be affected

to grant the

 
  

by the decision.

application.

 
 

Decision of the Commission to

The persons are any creditor of

Power to quash the decision

 
 

grant an application under

any of the CIOs being

and (if appropriate) remit the

 
 

section 235 for the

amalgamated.

matter to the Commission.

 

20

 

amalgamation of two or more

   
 

CIOs and the incorporation and

   
 

registration as a charity of a

   
 

new CIO as their successor.

   
 

Decision of the Commission

The persons are—

Power to—

 

25

 

under section 237 to refuse an

(a)   

the CIOs which

(a)   

quash the decision

 
 

application for the

applied for the

and (if appropriate)

 
 

amalgamation of two or more

amalgamation,

remit the matter to the

 
 

CIOs and the incorporation and

(b)   

the charity trustees of

Commission;

 
 

registration as a charity of a

the CIOs, and

(b)   

direct the Commission

 

30

 

new CIO as their successor.

(c)   

any other person who

to grant the

 
  

is or may be affected

application.

 
  

by the decision.

  
 

Decision of the Commission to

The persons are any creditor of

Power to quash the decision

 
 

confirm a resolution passed by

the CIO.

and (if appropriate) remit the

 

35

 

a CIO under section 240(1).

 

matter to the Commission.

 
 

Decision of the Commission

The persons are—

Power to—

 
 

under section 242 to refuse to

(a)   

the CIO,

(a)   

quash the decision

 
 

confirm a resolution passed by

(b)   

the charity trustees of

and (if appropriate)

 
 

a CIO.

the CIO, and

remit the matter to the

 

40

  

(c)   

any other person who

Commission;

 
  

is or may be affected

(b)   

direct the Commission

 
  

by the decision.

to confirm the

 
   

resolution.

 
 

Decision of the Commission—

The persons are—

Power to quash—

 

45

 

(a)   

to grant a certificate of

(a)   

the charity trustees of

(a)   

the decision;

 
 

incorporation under

the charity, and

(b)   

any conditions or

 
 

section 251(1) to the

(b)   

any other person who

directions inserted in

 
 

charity trustees of a

is or may be affected

the certificate;

 
 

charity, or

by the decision.

and (if appropriate) remit the

 

50

 

(b)   

not to grant such a

 

matter to the Commission.

 
 

certificate.

   
 

Decision of the Commission to

The persons are—

Power to quash the decision

 
 

amend a certificate of

(a)   

the charity trustees of

and (if appropriate) remit the

 
 

incorporation under section

the charity, and

matter to the Commission.

 

55

 

262(5).

(b)   

any other person who

  
  

is or may be affected

  
  

by the amended

  
  

certificate of

  
  

incorporation.

  

60

 
 

Charities Bill [HL]
Schedule 6 — Appeals and applications to Tribunal

188

 
 

1 Decision, direction or order

2 Appellants/applicants (see

3 Tribunal powers if appeal or

 
  

sections 319(2)(b) and 321(2)(b))

application allowed

 
 

Decision of the Commission

The persons are—

Power to—

 
 

not to amend a certificate of

(a)   

the charity trustees of

(a)   

quash the decision

 
 

incorporation under section

the charity, and

and (if appropriate)

 

5

 

262(5).

(b)   

any other person who

remit the matter to the

 
  

is or may be affected

Commission;

 
  

by the decision not to

(b)   

make any order the

 
  

amend the certificate

Commission could

 
  

of incorporation.

have made under

 

10

   

section 262(5).

 
 

Order of the Commission

The persons are—

Power to—

 
 

under section 263(1) or (2)

(a)   

the charity trustees of

(a)   

quash the order and

 
 

which dissolves an

the charity, and

(if appropriate) remit

 
 

incorporated body.

(b)   

any other person who

the matter to the

 

15

  

is or may be affected

Commission;

 
  

by the order.

(b)   

substitute for the

 
   

order any other order

 
   

which could have

 
   

been made by the

 

20

   

Commission;

 
   

(c)   

add to the order

 
   

anything which could

 
   

have been contained

 
   

in an order made by

 

25

   

the Commission.

 
 

Decision of the Commission to

The persons are—

Power to quash the decision.

 
 

notify charity trustees under

(a)   

the charity trustees,

  
 

section 271(1) that it objects to a

and

  
 

resolution of the charity

(b)   

any other person who

  

30

 

trustees under section 268(1).

is or may be affected

  
  

by the decision.

  
 

Decision of the Commission to

The persons are—

Power to quash the decision.

 
 

notify charity trustees under

(a)   

the charity trustees,

  
 

section 278(1) that it objects to a

and

  

35

 

resolution of the charity

(b)   

any other person who

  
 

trustees under section 275(2).

is or may be affected

  
  

by the decision.

  
 

Decision of the Commission

The persons are—

Power to quash the decision

 
 

not to concur under section 284

(a)   

the charity trustees,

and (if appropriate) remit the

 

40

 

with a resolution of charity

and

matter to the Commission.

 
 

trustees under section 282(2).

(b)   

any other person who

  
  

is or may be affected

  
  

by the decision.

  
 

Decision of the Commission

The persons are—

Power to quash the decision

 

45

 

not to concur under section 291

(a)   

the charity trustees,

and (if appropriate) remit the

 
 

with a resolution of charity

(b)   

(if a body corporate)

matter to the Commission.

 
 

trustees under section 289(2).

the charity itself, and

  
  

(c)   

any other person who

  
  

is or may be affected

  

50

  

by the decision.

  
 

Decision of the Commission to

The persons are—

Power to quash the decision

 
 

withhold approval for the

(a)   

the trustees,

and (if appropriate) remit the

 
 

transfer of property from

(b)   

the parish or

matter to the Commission.

 
 

trustees to a parish or

community council,

  

55

 

community council under

and

  
 

section 298(2).

(c)   

any other person who

  
  

is or may be affected

  
  

by the decision.

  
 
 

 
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Revised 28 June 2011