Part 17The Tribunal

CHAPTER 2Appeals and applications to Tribunal

319Appeals: general

1

Except in the case of a reviewable matter (see section 322) an appeal may be brought to the Tribunal against any decision, direction or order mentioned in column 1 of Schedule 6.

2

Such an appeal may be brought by—

a

the Attorney General, or

b

any person specified in the corresponding entry in column 2 of Schedule 6.

3

The Commission is to be the respondent to such an appeal.

4

In determining such an appeal the Tribunal—

a

must 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—

a

dismiss the appeal, or

b

if it allows the appeal, exercise any power specified in the corresponding entry in column 3 of Schedule 6.

320Appeals: orders under s.52

1

Section 319(4)(a) does not apply in relation to an appeal against an order made under section 52 (power to call for documents).

2

On such an appeal the Tribunal must consider whether the information or document in question—

a

relates to a charity;

b

is relevant to the discharge of the functions of the 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 subsection (2)(a) or (b).

321Reviews

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 Schedule 6 which corresponds to the entry in column 1 which relates to the reviewable matter.

3

The Commission is to be the respondent to such an application.

4

In determining such an application the Tribunal must apply the principles which would be applied by the High Court on an 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 Schedule 6 which corresponds to the entry in column 1 which relates to the reviewable matter.

322Reviewable matters

1

In this Chapter references to reviewable matters are to—

a

decisions to which subsection (2) applies, and

b

orders to which subsection (3) applies.

2

This subsection applies to decisions of the Commission—

a

to institute an inquiry under section 46 with regard to a particular institution;

b

to institute an inquiry under section 46 with regard to a class of institutions;

c

not to make a common investment scheme under section 96;

d

not to make a common deposit scheme under section 100;

e

not to make an order under section 105 (power to authorise dealings with charity property etc.) in relation to a charity;

f

not to make an order under section 117 (restrictions on dispositions of land) in relation to land held by or in trust for a charity;

g

not to make an order under section 124 (restrictions on mortgages) in relation to a mortgage of land held by or in trust for a charity.

3

This subsection applies to an order made by the Commission under section 147(2) (investigation and audit) in relation to a charitable company.

323Remission of matters to Commission

References in column 3 of Schedule 6 to the power to remit a matter to the Commission are to the power to remit the matter—

a

generally, or

b

for determination in accordance with a finding made or direction given by the Tribunal.

324Power to amend provisions relating to appeals and applications to Tribunal

1

The Minister may by order—

a

amend or otherwise modify an entry in Schedule 6,

b

add an entry to Schedule 6, or

c

remove an entry from Schedule 6.

2

An order under subsection (1) may make such amendments, repeals or other modifications of—

a

sections 319 to 323, or

b

an enactment which applies this Chapter and Schedule 6,

as the Minister considers appropriate in consequence of any change in Schedule 6 made by the order.

3

Subsections (1) and (2) apply (with the necessary modifications) in relation to section 57 of the Charities Act 2006 as if—

a

that section were contained in this Chapter, and

b

the reference in subsection (2) to sections 319 to 323 included a reference to any other provision relating to appeals to the Tribunal which is contained in Chapter 1 of Part 3 of the Charities Act 2006.