Charities Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Charities Bill [HL]

Charities Bill [HL]
Schedule 4 — Appeals and applications to Charity Tribunal
95

1
2
3

Order made by the Commission
The persons are—
Power to—

under section 16(1) of this Act
(a)
in a section 16(1)(a) case,
(a)
quash the order in

(including such an order made by
the charity trustees of
whole or in part and (if

virtue of section 23(1)).
the charity to which the
appropriate) remit the

5

order relates or (if a
matter to the

body corporate) the
Commission,

charity itself,
(b)
substitute for all or part

(b)
in a section 16(1)(b)
of the order any other

case, any person
order which could have

10

discharged or removed
been made by the

by the order, and
Commission,

(c)
any other person who is
(c)
add to the order

or may be affected by
anything which could

the order.
have been contained in

15

an order made by the

Commission.

Order made by the Commission
The persons are—
Power to—

under section 18(1) of this Act in
(a)
the charity trustees of
(a)
quash the order in

relation to a charity.
the charity,
whole or in part and (if

20

(b)
(if a body corporate) the
appropriate) remit the

charity itself,
matter to the

(c)
in a section 18(1)(i) case,
Commission,

any person suspended
(b)
substitute for all or part

by the order, and
of the order any other

25

(d)
any other person who is
order which could have

or may be affected by
been made by the

the order.
Commission,

(c)
add to the order

anything which could

30

have been contained in

an order made by the

Commission.

Order made by the Commission
The persons are—
Power to—

under section 18(2) of this Act in
(a)
the charity trustees of
(a)
quash the order in

35

relation to a charity.
the charity,
whole or in part and (if

(b)
(if a body corporate) the
appropriate) remit the

charity itself,
matter to the

(c)
in a section 18(2)(i) case,
Commission,

any person removed by
(b)
substitute for all or part

40

the order, and
of the order any other

(d)
any other person who is
order which could have

or may be affected by
been made by the

the order.
Commission,

(c)
add to the order

45

anything which could

have been contained in

an order made by the

Commission.

Order made by the Commission
The persons are—
Power to—

50

under section 18(4) of this Act
(a)
the charity trustee,
(a)
quash the order in

removing a charity trustee.
(b)
the remaining charity
whole or in part and (if

trustees of the charity of
appropriate) remit the

which he was a charity
matter to the

trustee,
Commission,

55

(c)
(if a body corporate) the
(b)
substitute for all or part

charity itself, and
of the order any other

(d)
any other person who is
order which could have

or may be affected by
been made by the

the order.
Commission,

60

(c)
add to the order

anything which could

have been contained in

an order made by the

Commission.

65

Charities Bill [HL]
Schedule 4 — Appeals and applications to Charity Tribunal
96

1
2
3

Order made by the Commission
The persons are—
Power to—

under section 18(5) of this Act
(a)
the other charity
(a)
quash the order in

appointing a charity trustee.
trustees of the charity,
whole or in part and (if

(b)
(if a body corporate) the
appropriate) remit the

5

charity itself, and
matter to the

(c)
any other person who is
Commission,

or may be affected by
(b)
substitute for all or part

the order.
of the order any other

order which could have

10

been made by the

Commission,

(c)
add to the order

anything which could

have been contained in

15

an order made by the

Commission.

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

(a)
to discharge an order
(a)
the charity trustees of
(a)
quash the decision and

following a review
the charity to which the
(if appropriate) remit

20

under section 18(13) of
order relates,
the matter to the

this Act, or
(b)
(if a body corporate) the
Commission,

(b)
not to discharge an
charity itself,
(b)
make the discharge of

order following such a
(c)
if the order in question
the order subject to

review.
was made under section
savings or other

25

18(1)(i), any person
transitional provisions,

suspended by it, and
(c)
remove any savings or

(d)
any other person who is
other transitional

or may be affected by
provisions to which the

the order.
discharge of the order

30

was subject,

(d)
discharge the order in

whole or in part

(whether subject to any

savings or other

35

transitional provisions

or not).

Order made by the Commission
The persons are—
Power to quash the order and (if

under section 18A(2) of this Act
(a)
the person whose
appropriate) remit the matter to

which suspends a person’s
membership is
the Commission.

40

membership of a charity.
suspended by the order,

and

(b)
any other person who is

or may be affected by

the order.

45

Order made by the Commission
The persons are any person who is
Power to quash the order and (if

under section 19A(2) of this Act
directed by the order to take the
appropriate) remit the matter to

which directs a person to take
specified action.
the Commission.

action specified in the order.

Order made by the Commission
The persons are any person who is
Power to quash the order and (if

50

under section 19B(2) of this Act
directed by the order to apply the
appropriate) remit the matter to

which directs a person to apply
property in the specified manner.
the Commission.

property in a specified manner.

Order made by the Commission
The persons are—
Power to—

under section 23(2) of this Act in
(a)
the charity trustees of
(a)
quash the order and (if

55

relation to any land vested in the
the charity,
appropriate) remit the

official custodian in trust for a
(b)
(if a body corporate) the
matter to the

charity.
charity itself, and
Commission,

(c)
any other person who is
(b)
substitute for the order

or may be affected by
any other order which

60

the order.
could have been made

by the Commission,

(c)
add to the order

anything which could

have been contained in

65

an order made by the

Commission.

Charities Bill [HL]
Schedule 4 — Appeals and applications to Charity Tribunal
97

1
2
3

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

make a common investment
(a)
the charity trustees of a
(if appropriate) remit the matter to

scheme under section 24 of this
charity which applied to
the Commission.

Act.
the Commission for the

5

scheme,

(b)
(if a body corporate) the

charity itself, and

(c)
any other person who is

or may be affected by

10

the decision.

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

make a common deposit scheme
(a)
the charity trustees of a
(if appropriate) remit the matter to

under section 25 of this Act.
charity which applied to
the Commission.

the Commission for the

15

scheme,

(b)
(if a body corporate) the

charity itself, and

(c)
any other person who is

or may be affected by

20

the decision.

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

to make an order under section 26
(a)
the charity trustees of
(if appropriate) remit the matter to

of this Act in relation to a charity.
the charity, and
the Commission.

(b)
(if a body corporate) the

25

charity itself.

Direction given by the
The persons are—
Power to—

Commission under section 28 of
(a)
the charity trustees of
(a)
quash the direction and

this Act in relation to an account
the charity,
(if appropriate) remit

held in the name of or on behalf of
(b)
(if a body corporate) the
the matter to the

30

a charity.
charity itself, and
Commission,

(c)
any other person who is
(b)
substitute for the

or may be affected by
direction any other

the order.
direction which could

have been given by the

35

Commission,

(c)
add to the direction

anything which could

have been contained in

a direction given by the

40

Commission.

Order made by the Commission
The persons are—
Power to—

under section 31 of this Act for the
(a)
the solicitor,
(a)
quash the order,

taxation of a solicitor’s bill.
(b)
any person for whom
(b)
substitute for the order

the work was done by
any other order which

45

the solicitor, and
could have been made

(c)
any other person who is
by the Commission,

or may be affected by
(c)
add to the order

the order.
anything which could

have been contained in

50

an order made by the

Commission.

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

make an order under section 36 of
(a)
the charity trustees of
(if appropriate) remit the matter to

this Act in relation to land held by
the charity,
the Commission.

55

or in trust for a charity.
(b)
(if a body corporate) the

charity itself, and

(c)
any other person who is

or may be affected by

the decision.

60

Charities Bill [HL]
Schedule 4 — Appeals and applications to Charity Tribunal
98

1
2
3

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

make an order under section 38 of
(a)
the charity trustees of
(if appropriate) remit the matter to

this Act in relation to a mortgage
the charity,
the Commission

of land held by or in trust for a
(b)
(if a body corporate) the

5

charity.
charity itself, and

(c)
any other person who is

or may be affected by

the decision.

Order made by the Commission
The persons are—
Power to—

10

under section 43(4) of this Act
(a)
the charity trustees of
(a)
quash the order,

requiring the accounts of a charity
the charity,
(b)
substitute for the order

to be audited.
(b)
(if a body corporate) the
any other order which

charity itself, and
could have been made

(c)
any other person who is
by the Commission,

15

or may be affected by
(c)
add to the order

the order.
anything which could

have been contained in

an order made by the

Commission.

20

Order made by the Commission
The persons are—
Power to—

under section 44(2) of this Act in
(a)
the charity trustees of
(a)
quash the order or

relation to a charity, or a decision
the charity,
decision and (if

of the Commission not to make
(b)
(if a body corporate) the
appropriate) remit the

such an order in relation to a
charity itself,
matter to the

25

charity.
(c)
in the case of a decision
Commission,

not to make an order,
(b)
substitute for the order

the auditor,
any other order of a

independent examiner
kind the Commission

or examiner, and
could have made,

30

(d)
any other person who is
(c)
make any order which

or may be affected by
the Commission could

the order or the
have made.

decision.

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

35

section 46(5) of this Act to request
(a)
the charity trustees, and
(if appropriate) remit the matter to

charity trustees to prepare an
(b)
(if a body corporate) the
the Commission.

annual report for a charity.
charity itself.

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

dispense with the requirements of
trustees of any charity affected by
(if appropriate) remit the matter to

40

section 48(1) in relation to a
the decision.
the Commission.

charity or class of charities.

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

(a)
to grant a certificate of
(a)
the trustees of the
(a)
the decision,

incorporation under
charity, and
(b)
any conditions or

45

section 50(1) of this Act
(b)
any other person who is
directions inserted in

to the trustees of a
or may be affected by
the certificate,

charity, or
the decision.
and (if appropriate) remit the

(b)
not to grant such a

matter to the Commission.

certificate.

50

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

amend a certificate of
(a)
the trustees of the
(if appropriate) remit the matter to

incorporation of a charity under
charity, and
the Commission.

section 56(4) of this Act.
(b)
any other person who is

or may be affected by

55

the amended certificate

of incorporation.

Decision of the Commission not to
The persons are—
Power to—

amend a certificate of
(a)
the trustees of the
(a)
quash the decision and

incorporation under section 56(4)
charity, and
(if appropriate) remit

60

of this Act.
(b)
any other person who is
the matter to the

or may be affected by
Commission,

the decision not to
(b)
make any order the

amend the certificate of
Commission could have

incorporation.
made under section

65

56(4).

Charities Bill [HL]
Schedule 4 — Appeals and applications to Charity Tribunal
99

1
2
3

Order of the Commission under
The persons are—
Power to—

section 61(1) or (2) of this Act
(a)
the trustees of the
(a)
quash the order and (if

which dissolves a charity which is
charity,
appropriate) remit the

an incorporated body.
(b)
the charity itself, and
matter to the

5

(c)
any other person who is
Commission,

or may be affected by
(b)
substitute for the order

the order.
any other order which

could have been made

by the Commission,

10

(c)
add to the order

anything which could

have been contained in

an order made by the

Commission.

15

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

give, or withhold, consent under
(a)
the charity trustees of
(if appropriate) remit the matter to

section 64(2), 65(4) or 66(1) of this
the charity,
the Commission.

Act in relation to a body corporate
(b)
the body corporate

which is a charity.
itself, and

20

(c)
any other person who is

or may be affected by

the decision.

Order made by the Commission
The persons are—
Power to—

under section 69(1) of this Act in
(a)
the directors of the
(a)
quash the order and (if

25

relation to a company which is a
company,
appropriate) remit the

charity.
(b)
the company itself, and
matter to the

(c)
any other person who is
Commission,

or may be affected by
(b)
substitute for the order

the order.
any other order which

30

could have been made

by the Commission,

(c)
add to the order

anything which could

have been contained in

35

an order made by the

Commission.

Order made by the Commission
The persons are—
Power to—

under section 69(4) of this Act
(a)
in the case of directions
(a)
quash the order,

which gives directions to a person
given to a person, that
(b)
substitute for the order

40

or to charity trustees.
person,
any other order which

(b)
in the case of directions
could have been made

given to charity
by the Commission,

trustees, those charity
(c)
add to the order

trustees and (if a body
anything which could

45

corporate) the charity of
have been contained in

which they are charity
an order made by the

trustees, and
Commission.

(c)
any other person who is

or may be affected by

50

the directions.

Decision of the Commission under
The persons are any person (other
Power to quash the decision and

section 69E of this Act to grant an
than the persons who made the
(if appropriate)—

application for the constitution of
application) who is or may be
(a)
remit the matter to the

a CIO and its registration as a
affected by the decision.
Commission,

55

charity.

(b)
direct the Commission

to rectify the register of

charities.

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

section 69E of this Act not to grant
(a)
the persons who made
(a)
quash the decision and

60

an application for the constitution
the application, and
(if appropriate) remit

of a CIO and its registration as a
(b)
any other person who is
the matter to the

charity.
or may be affected by
Commission,

the decision.
(b)
direct the Commission

to grant the application.

65

Charities Bill [HL]
Schedule 4 — Appeals and applications to Charity Tribunal
100

1
2
3

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

section 69H of this Act not to grant
(a)
the charity which made
(a)
quash the decision and

an application for the conversion
the application,
(if appropriate) remit

of a charitable company or a
(b)
the charity trustees of
the matter to the

5

registered society into a CIO and
the charity, and
Commission,

the CIO’s registration as a charity.
(c)
any other person who is
(b)
direct the Commission

or may be affected by
to grant the application.

the decision.

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

10

section 69K of this Act to grant an
any of the CIOs being
(if appropriate) remit the matter to

application for the amalgamation
amalgamated.
the Commission.

of two or more CIOs and the

incorporation and registration as a

charity of a new CIO as their

15

successor.

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

section 69K of this Act not to grant
(a)
the CIOs which applied
(a)
quash the decision and

an application for the
for the amalgamation,
(if appropriate) remit

amalgamation of two or more
(b)
the charity trustees of
the matter to the

20

CIOs and the incorporation and
the CIOs, and
Commission,

registration as a charity of a new
(c)
any other person who is
(b)
direct the Commission

CIO as their successor.
or may be affected by
to grant the application.

the decision.

Decision of the Commission to
The persons are any creditor of the
Power to quash the decision and

25

confirm a resolution passed by a
CIO.
(if appropriate) remit the matter to

CIO under section 69M(1) of this

the Commission.

Act.

Decision of the Commission not to
The persons are—
Power to—

confirm a resolution passed by a
(a)
the CIO,
(a)
quash the decision and

30

CIO under section 69M(1) of this
(b)
the charity trustees of
(if appropriate) remit

Act.
the CIO, and
the matter to the

(c)
any other person who is
Commission,

or may be affected by
(b)
direct the Commission

the decision.
to confirm the

35

resolution.

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

section 72(4) of this Act to waive,
(a)
the person who applied
(a)
quash the decision and

or not to waive, a person’s
for the waiver, and
(if appropriate) remit

disqualification.
(b)
any other person who is
the matter to the

40

or may be affected by
Commission,

the decision.
(b)
substitute for the

decision any other

decision of a kind which

could have been made

45

by the Commission.

Order made by the Commission
The persons are—
Power to—

under section 73(4) of this Act in
(a)
the person subject to the
(a)
quash the order and (if

relation to a person who has acted
order, and
appropriate) remit the

as charity trustee or trustee for a
(b)
any other person who is
matter to the

50

charity.
or may be affected by
Commission,

the order.
(b)
substitute for the order

any other order which

could have been made

by the Commission.

55

Order made by the Commission
The persons are—
Power to—

under section 73C(5) or (6) of this
(a)
the trustee or connected
(a)
quash the order and (if

Act requiring a trustee or
person,
appropriate) remit the

connected person to repay, or not
(b)
the other charity
matter to the

to receive, remuneration.
trustees of the charity
Commission,

60

concerned, and
(b)
substitute for the order

(c)
any other person who is
any other order which

or may be affected by
could have been made

the order.
by the Commission.

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Schedule 4 — Appeals and applications to Charity Tribunal
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1
2
3

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

notify charity trustees under
(a)
the charity trustees, and

section 74A(2) of this Act that it
(b)
any other person who is

objects to a resolution of the
or may be affected by

5

charity trustees under section
the decision.

74(2) or 74C(2).

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

concur under section 75A of this
(a)
the charity trustees,
(if appropriate) remit the matter to

Act with a resolution of charity
(b)
(if a body corporate) the
the Commission.

10

trustees under section 75A(3) or
charity itself, and

75B(2).
(c)
any other person who is

or may be affected by

the decision.

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

15

withhold approval for the transfer
(a)
the trustees,
(if appropriate) remit the matter to

of property from trustees to a
(b)
the parish council, and
the Commission.

parish council under section 79(1)
(c)
any other person who is

of this Act.
or may be affected by

the decision.

20

Order made by the Commission
The persons are—
Power to quash the order and (if

under section 80(2) of this Act in
(a)
the person holding the
appropriate) remit the matter to

relation to a person holding
property in question,
the Commission.

property on behalf of a recognised
and

body or of any person concerned
(b)
any other person who is

25

in its management or control.
or may be affected by

the order.

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

give a direction under section
institution or charity concerned.
(if appropriate) remit the matter to

96(5) or (6) of this Act in relation to

the Commission.

30

an institution or a charity.

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

paragraph 15 of Schedule 5B to
(a)
the CIO,
(if appropriate)—

this Act to refuse to register an
(b)
the charity trustees of
(a)
remit the matter to the

amendment to the constitution of
the CIO, and
Commission,

35

a CIO.
(c)
any other person who is
(b)
direct the Commission

or may be affected by
to register the

the decision.
amendment.

Power to amend Table etc.
6     (1)
The Secretary of State may by order—
40
(a)
amend or otherwise modify an entry in the Table,
(b)
add an entry to the Table, or
(c)
remove an entry from the Table.
      (2)
An order under sub-paragraph (1) may make such amendments,
repeals or other modifications of paragraphs 1 to 5 of this
45
Schedule, or of an enactment which applies this Schedule, as the
Secretary of State considers appropriate in consequence of any
change in the Table made by the order.
      (3)
No order shall be made under this paragraph unless a draft of the
order has been laid before and approved by a resolution of each
50
House of Parliament.
7
Paragraph 6 above applies (with the necessary modifications) in
relation to section 57 of the Charities Act 2005 as if—
(a)
the provisions of that section were contained in this
Schedule, and
55