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Charities Act (Northern Ireland) 2013

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27.—(1) In Schedule 3 (appeals and applications to Tribunal), amend the Table as follows.

(2) In the first entry relating to section 79(4), in column 1 omit “of a charity”.

(3) In the entry relating to section 84(1) or (2)—

(a)in column 1 omit “a charity which is”;

(b)in column 2 omit “(b) the charity itself”.

(4) In each of the entries relating to sections 73(1), 79(4) and 84(1) or (2), in column 2 after “trustees of the charity” insert “(within the meaning of section 85)”.

(5) In the entry relating to decisions under section 96(2), 97(4) or 98(1), in the first column omit “, 97(4)”.

(6) For the entry relating to section 104(4) substitute—

123
Order made by the Commission under section 104(5) in relation to a charity which is a company, or a decision of the Commission not to make such an order in relation to such a charity.

The persons are—

(a)

the charity trustees of the charity;

(b)

the charity itself;

(c)

in the case of a decision not to make an order, the auditor; and

(d)

any other person who is or may be affected by the order or the decision.

Power to—

(a)

quash the order or decision and (if appropriate) remit the matter to the Commission;

(b)

substitute for the order any other order of a kind the Commission could have made;

(c)

make any order which the Commission could have made. .

(7) In—

(a)the second entry relating to section 110, in column 1,

(b)the entry relating to section 113, in column 1, and

(c)the second entry relating to section 116, in column 1,

for “not to grant” substitute “to refuse”.

(8) In the second entry relating to section 118(1), in column 1, for “not to confirm” substitute “to refuse”.

(9) After the entry relating to section 166(5) insert—

123
Order made by the Commission under paragraph 6(5), or by virtue of paragraph 7(2), of Schedule 6 requiring the group accounts of the parent charity to be audited.

The persons are—

(a)

the charity trustees of the parent charity;

(b)

(if a body corporate) the parent charity itself; and

(c)

any other person who may be affected by the order.

Power to—

(a)

quash the order;

(b)

substitute for the order any other order which could have been made by the Commission;

(c)

add to the order anything which could have been contained in an order made by the Commission.

Order made by the Commission by virtue of paragraph 8(4) of Schedule 6 in relation to a member of a group, or a decision of the Commission not to make such an order in relation to a member of a group.

The persons are—

(a)

the charity trustees of the member of the group,

(b)

(if a body corporate) the member of the group itself,

(c)

in the case of a decision not to make an order, the auditor, independent examiner or examiner, and

(d)

any other person who is or may be affected by the order or the decision.

Power to—

(a)

quash the order or decision and (if appropriate) remit the matter to the Commission;

(b)

substitute for the order any other order of a kind the Commission could have made;

(c)

make any order which the Commission could have made..

(10) At the end add—

123
Decision of the Commission to give or withhold consent under section 42(4) of the Companies Act 2006.

The persons are—

(a)

the charity trustees of the charity,

(b)

the company itself, and

(c)

any other person who is or may be affected by the decision.

Power to quash the decision and (if appropriate) remit the matter to the Commission..

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