Charities Bill [HL]

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Session 2005 - 06
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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.

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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
96

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
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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.

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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 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
99

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).