Charities Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Charities Bill [HL]

Charities Bill [HL]
Schedule 3 — The Charity Tribunal
88

insert—
“Schedule 1B
Section 2A(3)

The Charity Tribunal
Membership
1     (1)
The Tribunal shall consist of the President and its other members.
5
      (2)
The Lord Chancellor shall appoint—
(a)
a President of the Tribunal,
(b)
legal members of the Tribunal, and
(c)
ordinary members of the Tribunal.
      (3)
A person may be appointed as the President or a legal member of
10
the Tribunal only if he has a seven year general qualification
within the meaning of section 71 of the Courts and Legal Services
Act 1990.
      (4)
A person may be appointed as an ordinary member of the
Tribunal only if he appears to the Lord Chancellor to have
15
appropriate knowledge or experience relating to charities.
Deputy President
2     (1)
The Lord Chancellor may appoint a legal member as deputy
President of the Tribunal.
      (2)
The deputy President—
20
(a)
may act for the President when he is unable to act or
unavailable, and
(b)
shall perform such other functions as the President may
delegate or assign to him.
Terms of appointment
25
3     (1)
The members of the Tribunal shall hold and vacate office as such
in accordance with the terms of their respective appointments.
      (2)
A person holding office as a member of the Tribunal—
(a)
may resign that office by giving notice in writing to the
Lord Chancellor, and
30
(b)
may be removed from office by the Lord Chancellor on the
ground of incapacity or misbehaviour.
      (3)
A previous appointment of a person as a member of the Tribunal
does not affect his eligibility for re-appointment as a member of
the Tribunal.
35

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Schedule 3 — The Charity Tribunal
89

Retirement etc.
4     (1)
A person shall not hold office as a member of the Tribunal after
reaching the age of 70.
      (2)
Section 26(5) and (6) of the Judicial Pensions and Retirement Act
1993 (extension to age 75) apply in relation to a member of the
5
Tribunal as they apply in relation to a holder of a relevant office.
Remuneration etc.
5     (1)
The Lord Chancellor may pay to the members of the Tribunal such
remuneration, and such other allowances, as he may determine.
      (2)
The Lord Chancellor may—
10
(a)
pay such pension, allowances or gratuities as he may
determine to or in respect of a person who is or has been a
member of the Tribunal, or
(b)
make such payments as he may determine towards
provision for the payment of a pension, allowances or
15
gratuities to or in respect of such a person.
      (3)
If the Lord Chancellor determines that there are special
circumstances which make it right for a person ceasing to hold
office as a member of the Tribunal to receive compensation, the
Lord Chancellor may pay to him a sum by way of compensation
20
of such amount as may be determined by the Lord Chancellor.
Staff and facilities
6
The Lord Chancellor may make staff and facilities available to the
Tribunal.
Panels
25
7     (1)
The functions of the Tribunal shall be exercised by panels of the
Tribunal.
      (2)
Panels of the Tribunal shall sit at such times and in such places as
the President may direct.
      (3)
Before giving a direction under sub-paragraph (2) above the
30
President shall consult the Lord Chancellor.
      (4)
More than one panel may sit at a time.
8     (1)
The President shall make arrangements for determining which of
the members of the Tribunal are to constitute a panel of the
Tribunal in relation to the exercise of any function.
35
      (2)
Those arrangements shall, in particular, ensure that each panel is
constituted in one of the following ways—
(a)
as the President sitting alone,
(b)
as a legal member sitting alone,
(c)
as the President sitting with two other members,
40
(d)
as a legal member sitting with two other members,
(e)
as the President sitting with one other member,

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Schedule 3 — The Charity Tribunal
90

(f)
as a legal member sitting with one other member,

(and references in paragraphs (d) and (f) to other members do not
include the President).
      (3)
The President shall publish arrangements made under this
paragraph.
5
Practice and procedure
9     (1)
Decisions of the Tribunal may be taken by majority vote.
      (2)
In the case of a panel constituted in accordance with paragraph
8(2)(e), the President shall have a casting vote.
      (3)
In the case of a panel constituted in accordance with paragraph
10
8(2)(f) which consists of a legal member and an ordinary member,
the legal member shall have a casting vote.
      (4)
The President shall make and publish arrangements as to who is
to have a casting vote in the case of a panel constituted in
accordance with paragraph 8(2)(f) which consists of two legal
15
members.
10
The President may, subject to rules under section 2B of this Act,
give directions about the practice and procedure of the Tribunal.”
House of Commons Disqualification Act 1975 (c. 24)
2
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
20
(bodies of which all members are disqualified) insert at the appropriate
place—
“The Charity Tribunal.”
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
3
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
25
Act 1975 (bodies of which all members are disqualified) insert at the
appropriate place—
“The Charity Tribunal.”
Courts and Legal Services Act 1990 (c.41)
4
In Schedule 11 to the Courts and Legal Services Act 1990 (judges etc. barred
30
from legal practice) insert at the end—
“President or other member of the Charity Tribunal”.
Tribunals and Inquiries Act 1992 (c. 53)
5
In Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals

Charities Bill [HL]
Schedule 4 — Appeals and applications to Charity Tribunal
91

under general supervision of Council) before paragraph 7 insert—

“Charities
6A. The Charity Tribunal

constituted under section 2A of,

and Schedule 1B to, the Charities

Act 1993.”

5
Schedule 4
Section 8

Appeals and applications to Charity Tribunal

After Schedule 1B to the 1993 Act (inserted by Schedule 3 to this Act) insert—
“Schedule 1C
Section 2A(4)

Appeals and applications to Charity Tribunal
10
Appeals: general
1     (1)
Except in the case of a reviewable matter (see paragraph 3) an
appeal may be brought to the Tribunal against any decision,
direction or order mentioned in column 1 of the Table.
      (2)
Such an appeal may be brought by—
15
(a)
the Attorney General, or
(b)
any person specified in the corresponding entry in column
2 of the Table.
      (3)
The Commission shall be the respondent to such an appeal.
      (4)
In determining such an appeal the Tribunal—
20
(a)
shall consider afresh the decision, direction or order
appealed against, and
(b)
may take into account evidence which was not available to
the Commission.
      (5)
The Tribunal may—
25
(a)
dismiss the appeal, or
(b)
if it allows the appeal, exercise any power specified in the
corresponding entry in column 3 of the Table.
Appeals: orders under section 9
2     (1)
Paragraph 1(4)(a) above does not apply in relation to an appeal
30
against an order made under section 9 of this Act.
      (2)
On such an appeal the Tribunal shall consider whether the
information or document in question—
(a)
relates to a charity;

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Schedule 4 — Appeals and applications to Charity Tribunal
92

(b)
is relevant to the discharge of the functions of the
Commission or the official custodian.
      (3)
The Tribunal may allow such an appeal only if it is satisfied that
the information or document in question does not fall within
either paragraph (a) or paragraph (b) of sub-paragraph (2) above.
5
Reviewable matters
3     (1)
In this Schedule references to “reviewable matters” are to—
(a)
decisions to which sub-paragraph (2) applies, and
(b)
orders to which sub-paragraph (3) applies.
      (2)
This sub-paragraph applies to decisions of the Commission—
10
(a)
to institute an inquiry under section 8 of this Act with
regard to a particular institution,
(b)
to institute an inquiry under section 8 of this Act with
regard to a class of institutions,
(c)
not to make a common investment scheme under section
15
24 of this Act,
(d)
not to make a common deposit scheme under section 25 of
this Act,
(e)
not to make an order under section 26 of this Act in relation
to a charity,
20
(f)
not to make an order under section 36 of this Act in relation
to land held by or in trust for a charity,
(g)
not to make an order under section 38 of this Act in relation
to a mortgage of land held by or in trust for a charity.
      (3)
This sub-paragraph applies to an order made by the Commission
25
under section 69(1) of this Act in relation to a company which is a
charity.
Reviews
4     (1)
An application may be made to the Tribunal for the review of a
reviewable matter.
30
      (2)
Such an application may be made by—
(a)
the Attorney General, or
(b)
any person mentioned in the entry in column 2 of the Table
which corresponds to the entry in column 1 which relates
to the reviewable matter.
35
      (3)
The Commission shall be the respondent to such an application.
      (4)
In determining such an application the Tribunal shall apply the
principles which would be applied by the High Court on an
application for judicial review.
      (5)
The Tribunal may—
40
(a)
dismiss the application, or
(b)
if it allows the application, exercise any power mentioned
in the entry in column 3 of the Table which corresponds to

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Schedule 4 — Appeals and applications to Charity Tribunal
93

the entry in column 1 which relates to the reviewable
matter.
Interpretation: remission of matters to Commission
5
References in column 3 of the Table to the power to remit a matter
to the Commission are to the power to remit the matter either—
5
(a)
generally, or
(b)
for determination in accordance with a finding made or
direction given by the Tribunal.

Charities Bill [HL]
Schedule 4 — Appeals and applications to Charity Tribunal
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TABLE

1
2
3

Decision of the Commission under
The persons are—
Power to quash the decision and

section 3 or 3A of this Act—
(a)
the persons who are or
(if appropriate)—

(a)
to enter or not to enter
claim to be the charity
(a)
remit the matter to the

5

an institution in the
trustees of the
Commission,

register of charities, or
institution,
(b)
direct the Commission

(b)
to remove or not to
(b)
(if a body corporate) the
to rectify the register.

remove an institution
institution itself, and

from the register.
(c)
any other person who is

10

or may be affected by

the decision.

Decision of the Commission not to
The persons are—
Power to quash the decision and

make a determination under
(a)
the charity trustees of
(if appropriate) remit the matter to

section 3(9) of this Act in relation
the charity to which the
the Commission.

15

to particular information
information relates,

contained in the register.
(b)
(if a body corporate) the

charity itself, and

(c)
any other person who is

or may be affected by

20

the decision.

Direction given by the
The persons are—
Power to—

Commission under section 6 of
(a)
the charity trustees of
(a)
quash the direction and

this Act requiring the name of a
the charity to which the
(if appropriate) remit

charity to be changed.
direction relates,
the matter to the

25

(b)
(if a body corporate) the
Commission,

charity itself, and
(b)
substitute for the

(c)
any other person who is
direction any other

or may be affected by
direction which could

the direction.
have been given by the

30

Commission.

Decision of the Commission to
The persons are—
Power to direct the Commission to

institute an inquiry under section
(a)
the persons who have
end the inquiry.

8 of this Act with regard to a
control or management

particular institution.
of the institution, and

35

(b)
(if a body corporate) the

institution itself.

Decision of the Commission to
The persons are—
Power to—

institute an inquiry under section
(a)
the persons who have
(a)
direct the Commission

8 of this Act with regard to a class
control or management
that the inquiry should

40

of institutions.
of any institution which
not consider a particular

is a member of the class
institution,

of institutions, and
(b)
direct the Commission

(b)
(if a body corporate)
to end the inquiry.

any such institution.

45

Order made by the Commission
The persons are any person who is
Power to—

under section 9 of this Act
required to supply the
(a)
quash the order,

requiring a person to supply
information or document.
(b)
substitute for all or part

information or a document.

of the order any other

order which could have

50

been made by the

Commission.