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Charities Bill [HL]


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

93

 

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

5

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—

10

(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—

15

(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—

20

(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

25

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;

(b)   

is relevant to the discharge of the functions of the

30

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.

Reviewable matters

35

3     (1)  

In this Schedule references to “reviewable matters” are to—

(a)   

decisions to which sub-paragraph (2) applies, and

 

 

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

94

 

(b)   

orders to which sub-paragraph (3) applies.

      (2)  

This sub-paragraph applies to decisions of the Commission—

(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

5

regard to a class of institutions,

(c)   

not to make a common investment scheme under section

24 of this Act,

(d)   

not to make a common deposit scheme under section 25 of

this Act,

10

(e)   

not to make an order under section 26 of this Act in relation

to a charity,

(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

15

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

under section 69(1) of this Act in relation to a company which is a

charity.

Reviews

20

4     (1)  

An application may be made to the Tribunal for the review of a

reviewable matter.

      (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

25

which corresponds to the entry in column 1 which relates

to the reviewable matter.

      (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

30

application for judicial review.

      (5)  

The Tribunal may—

(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

35

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—

40

(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

95

 

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.

 
 

 

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Schedule 4 — Appeals and applications to Charity Tribunal

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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

 

 

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Schedule 4 — Appeals and applications to Charity Tribunal

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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

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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

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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).

 
 

 

 
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