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Charities Bill [HL]


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

95

 
 

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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

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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

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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

 
 

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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

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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

 
 

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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.

 
 

 

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

101

 
 

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

 

 

 
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