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.