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Charities Act 2006

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This is the original version (as it was originally enacted).

57Appeals against decisions of the Commission
This section has no associated Explanatory Notes

(1)A person who has duly applied to the Commission for a public collections certificate may appeal to the Charity Tribunal (“the Tribunal”) against a decision of the Commission under section 52—

(a)to refuse to issue the certificate, or

(b)to attach any condition to it.

(2)A person to whom a public collections certificate has been issued may appeal to the Tribunal against a decision of the Commission not to direct that the certificate be transferred under section 55.

(3)A person to whom a public collections certificate has been issued may appeal to the Tribunal against a decision of the Commission under section 56—

(a)to withdraw or suspend the certificate,

(b)to attach a condition to the certificate, or

(c)to vary an existing condition of the certificate.

(4)The Attorney General may appeal to the Tribunal against a decision of the Commission—

(a)to issue, or to refuse to issue, a certificate,

(b)to attach, or not to attach, any condition to a certificate (whether under section 52 or section 56),

(c)to direct, or not to direct, that a certificate be transferred under section 55,

(d)to withdraw or suspend, or not to withdraw or suspend, a certificate, or

(e)to vary, or not to vary, an existing condition of a certificate.

(5)In determining an appeal under this section, the Tribunal—

(a)must consider afresh the decision appealed against, and

(b)may take into account evidence which was not available to the Commission.

(6)On an appeal under this section, the Tribunal may—

(a)dismiss the appeal,

(b)quash the decision, or

(c)substitute for the decision another decision of a kind that the Commission could have made;

and in any case the Tribunal may give such directions as it thinks fit, having regard to the provisions of this Chapter and of regulations under section 63.

(7)If the Tribunal quashes the decision, it may remit the matter to the Commission (either generally or for determination in accordance with a finding made or direction given by the Tribunal).

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