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Charities Bill [HL]


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

100

 
 

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.

 

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

101

 
 

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.

 
 

 

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

102

 
 

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 2006 as if—

(a)   

the provisions of that section were contained in this

Schedule, and

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

103

 

(b)   

the reference in that paragraph to paragraphs 1 to 5 of this

Schedule 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.

Schedule 1D

5

Section 2A(4)

 

References to Charity Tribunal

References by Commission

1     (1)  

A question which—

(a)   

has arisen in connection with the exercise by the

Commission of any of its functions, and

10

(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.

15

      (2)  

The Commission may make such a reference only with the consent

of the Attorney General.

      (3)  

The Commission shall be a party to proceedings before the

Tribunal on the reference.

      (4)  

The following shall be entitled to be parties to proceedings before

20

the Tribunal on 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

25

reference,

(ii)   

any such charity which is a body corporate, and

(iii)   

any other person who is likely to be so affected.

References by Attorney General

2     (1)  

A question which involves either—

30

(a)   

the operation of charity law in any respect, or

(b)   

the application of charity law to a particular state of affairs,

           

may be referred to the Tribunal by the Attorney General if the

Attorney General considers it desirable to refer the question to the

Tribunal.

35

      (2)  

The Attorney General shall be a party to proceedings before the

Tribunal on the reference.

      (3)  

The following shall be entitled to be parties to proceedings before

the Tribunal on the reference—

(a)   

the Commission, and

40

(b)   

with the Tribunal’s permission—

 

 

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

104

 

(i)   

the charity trustees of any charity which is likely to

be affected by the Tribunal’s decision on the

reference,

(ii)   

any such charity which is a body corporate, and

(iii)   

any other person who is likely to be so affected.

5

Powers of Commission in relation to matters referred to Tribunal

3     (1)  

This paragraph applies where a question which involves the

application of charity law to a particular state of affairs has been

referred to the Tribunal under paragraph 1 or 2 above.

      (2)  

The Commission shall not take any steps in reliance on any view

10

as to the application of charity law to that state of affairs until—

(a)   

proceedings on the reference (including any proceedings

on appeal) have been concluded, and

(b)   

any period during which an appeal (or further appeal)

may ordinarily be made has ended.

15

      (3)  

Where—

(a)   

paragraphs (a) and (b) of sub-paragraph (2) above are

satisfied, and

(b)   

the question has been decided in proceedings on the

reference,

20

           

the Commission shall give effect to that decision when dealing

with the particular state of affairs to which the reference related.

Suspension of time limits while reference in progress

4     (1)  

Sub-paragraph (2) below applies if—

(a)   

paragraph 3(2) above prevents the Commission from

25

taking any steps which it would otherwise be permitted or

required to take, and

(b)   

the steps in question may be taken only during a period

specified in an enactment (“the specified period”).

      (2)  

The running of the specified period is suspended for the period

30

which—

(a)   

begins with the date on which the question is referred to

the Tribunal, and

(b)   

ends with the date on which paragraphs (a) and (b) of

paragraph 3(2) above are satisfied.

35

      (3)  

Nothing in this paragraph or section 74A of this Act prevents the

specified period being suspended concurrently by virtue of sub-

paragraph (2) above and that section.

Agreement for Commission to act while reference in progress

5     (1)  

Paragraph 3(2) above does not apply in relation to any steps taken

40

by the Commission with the agreement of—

(a)   

the persons who are parties to the proceedings on the

reference at the time when those steps are taken, and

 

 

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

105

 

(b)   

(if not within paragraph (a) above) the charity trustees of

any charity which—

(i)   

is likely to be directly affected by the taking of

those steps, and

(ii)   

is not a party to the proceedings at that time.

5

      (2)  

The Commission may take those steps despite the suspension in

accordance with paragraph 4(2) above of any period during which

it would otherwise be permitted or required to take them.

      (3)  

Paragraph 3(3) above does not require the Commission to give

effect to a decision as to the application of charity law to a

10

particular state of affairs to the extent that the decision is

inconsistent with any steps already taken by the Commission in

relation to that state of affairs in accordance with this paragraph.

Appeals and applications in respect of matters determined on references

6     (1)  

No appeal or application may be made to the Tribunal by a person

15

to whom sub-paragraph (2) below applies in respect of an order or

decision made, or direction given, by the Commission in

accordance with paragraph 3(3) above.

      (2)  

This sub-paragraph applies to a person who was at any stage a

party to the proceedings in which the question referred to the

20

Tribunal was decided.

      (3)  

Rules under section 2B(1) of this Act may include provision as to

who is to be treated for the purposes of sub-paragraph (2) above

as being (or not being) a party to the proceedings.

      (4)  

Any enactment (including one contained in this Act) which

25

provides for an appeal or application to be made to the Tribunal

has effect subject to sub-paragraph (1) above.

Interpretation

7     (1)  

In this Schedule—

“charity law” means—

30

(a)   

any enactment contained in, or made under, this Act

or the Charities Act 2006,

(b)   

any other enactment specified in regulations made by

the Secretary of State, and

(c)   

any rule of law which relates to charities, and

35

“enactment” includes an enactment comprised in

subordinate legislation (within the meaning of the

Interpretation Act 1978), and includes an enactment

whenever passed or made.

      (2)  

The exclusions contained in section 96(2) of this Act (ecclesiastical

40

corporations etc.) do not have effect for the purposes of this

Schedule.”

 

 

 
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