- Latest available (Revised)
- Original (As enacted)
- Latest with prospective
Charities Act 1992
You are here:
- 1992 c. 41
- Part III
- Permits
- Section 71
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland, Northern Ireland)
- Show Timeline of Changes
Opening Options
Status:
Point in time view latest with prospective.This version of this provision is prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Note: Point in time prospective is the latest available view of the legislation that includes by default all the prospective changes that might come into force.
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Charities Act 1992. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Changes and effects yet to be applied to :
Changes and effects
This section lists the changes and effects yet to be applied to the specific provision you are viewing.
- s. 71(3) words repealed by 2003 c. 39 Sch. 8 para. 358 Sch. 10
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act power to amend conferred by 2006 c. 50 s. 76
- Act transfer of functions by S.I. 2006/2951 art. 3(2)(b)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 60A 60B inserted by 2006 c. 50 s. 68
- s. 60B(2)(a)(i) word substituted by S.I. 2009/508 art. 5(a)
- s. 60B(2)(a)(ii) word substituted by S.I. 2009/508 art. 5(b)
- s. 60B(2)(b) word substituted by S.I. 2009/508 art. 5(c)
- s. 60B(5)(a)(i) word substituted by S.I. 2009/508 art. 5(a)
- s. 60B(5)(a)(ii) word substituted by S.I. 2009/508 art. 5(b)
- s. 60B(5)(b) word substituted by S.I. 2009/508 art. 5(c)
- s. 64A inserted by 2006 c. 50 s. 69
Commencement Orders yet to be applied to the Charities Act 1992:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/1900 art. 2(1) Sch. 1 art. 2(2) Sch. 2 commences (2003 c. 21)
- S.I. 2003/3142 art. 3(2) commences (2003 c. 21)
- S.I. 2005/910 art. 3(aa) commences (2003 c. 39)
- S.I. 2007/309 art. 2 Sch. commences (2006 c. 50)
- S.I. 2007/2194 art. 8 Sch. 2 commences (2006 c. 46)
- S.I. 2007/3286 art. 2 3 Sch. 1 2 commences (2006 c. 50)
- S.I. 2007/3495 art. 5 art. 8(b) Sch. 3 art. 8(a) Sch. 2 commences (2006 c. 46)
- S.I. 2008/945 art. 2 3 Sch. 1 2 commences (2006 c. 50)
- S.I. 2008/1886 art. 2(f) commences (2006 c. 46)
- S.I. 2008/2860 art. 4 Sch. 1 commences (2006 c. 46)
- S.I. 2008/3267 art. 2 Sch. commences (2006 c. 50)
- S.I. 2009/2648 art. 2(2)(b) commences (2006 c. 50)
71 Appeals.E+W
(1)A person who has duly applied to a local authority under section 67 for a permit to conduct a public charitable collection in the authority’s area may appeal to a magistrates’ court against a decision of the authority to refuse to issue a permit to him.
(2)A person to whom a permit has been issued under section 68 may appeal to a magistrates’ court against—
(a)a decision of the local authority under that section or section 70 to attach any condition to the permit; or
(b)a decision of the local authority under section 70 to vary any condition so attached or to withdraw the permit.
(3)An appeal under subsection (1) or (2) shall be by way of complaint for an order, and the M1Magistrates’ Courts Act 1980 shall apply to the proceedings; and references in this section to a magistrates’ court are to a magistrates’ court acting for the petty sessions area in which is situated the office or principal office of the local authority against whose decision the appeal is brought.
(4)Any such appeal shall be brought within 14 days of the date of service on the person in question of the relevant notice under section 68(4) or (as the case may be) section 70(4); and for the purposes of this subsection an appeal shall be taken to be brought when the complaint is made.
(5)An appeal against the decision of a magistrates’ court on an appeal under subsection (1) or (2) may be brought to the Crown Court.
(6)On an appeal to a magistrates’ court or the Crown Court under this section, the court may confirm, vary or reverse the local authority’s decision and generally give such directions as it thinks fit, having regard to the provisions of this Part and of regulations under section 73.
(7)It shall be the duty of the local authority to comply with any directions given by the court under subsection (6); but the authority need not comply with any directions given by a magistrates’ court—
(a)until the time for bringing an appeal under subsection (5) has expired, or
(b)if such an appeal is duly brought, until the determination or abandonment of the appeal.
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Modifications etc. (not altering text)
C1S. 71 applied (coming into force in accordance with s. 1 of the applying Act) by Greenham and Crookham Commons Act 2002 (c. i), s. 21(4)
Marginal Citations
Options/Help
Print Options
Print The Whole Act
Print The Whole Part
Print The Whole Cross Heading
Print This Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources