1 Decision, direction or order | 2 Appellants/applicants (see sections 319(2)(b) and 321(2)(b)) | 3 Tribunal powers if appeal or application allowed |
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Decision of the Commission not to give a direction under section 12(1) or (2) in relation to an institution or a charity. | The persons are the trustees of the institution or charity concerned. | Power to quash the decision and (if appropriate) remit the matter to the Commission. |
Decision of the Commission under section 30 or 34— - a
to enter or not to enter an institution in the register of charities, or - b
to remove or not to remove an institution from the register.
| The persons are— - a
the persons who are or claim to be the charity trustees of the institution, - b
(if a body corporate) the institution itself, and - c
any other person who is or may be affected by the decision.
| Power to quash the decision and (if appropriate)— - a
remit the matter to the Commission; - b
direct the Commission to rectify the register.
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Decision of the Commission not to make a determination under section 38(3) in relation to particular information contained in the register. | The persons are— - a
the charity trustees of the charity to which the information relates, - b
(if a body corporate) the charity 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. |
Direction given by the Commission under section 42 requiring the name of a charity to be changed. | The persons are— - a
the charity trustees of the charity to which the direction relates, - b
(if a body corporate) the charity itself, and - c
any other person who is or may be affected by the direction.
| Power to— - a
quash the direction and (if appropriate) remit the matter to the Commission; - b
substitute for the direction any other direction which could have been given by the Commission.
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Decision of the Commission to institute an inquiry under section 46 with regard to a particular institution. | The persons are— - a
the persons who have control or management of the institution, and - b
(if a body corporate) the institution itself.
| Power to direct the Commission to end the inquiry. |
Decision of the Commission to institute an inquiry under section 46 with regard to a class of institutions. | The persons are— - a
the persons who have control or management of any institution which is a member of the class of institutions, and - b
(if a body corporate) any such institution.
| Power to— - a
direct the Commission that the inquiry should not consider a particular institution; - b
direct the Commission to end the inquiry.
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Order made by the Commission under section 52 requiring a person to supply information or a document. | The persons are any person who is required to supply the information or document. | Power to— - a
quash the order; - b
substitute for all or part of the order any other order which could have been made by the Commission.
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Order made by the Commission under section 69(1) (including such an order made by virtue of section 92(2)). | The persons are— - a
in a section 69(1)(a) case, the charity trustees of the charity to which the order relates or (if a body corporate) the charity itself, - b
in a section 69(1)(b) case, any person discharged or removed by the order, and - c
any other person who is or may be affected by the order.
| Power to— - a
quash the order in whole or in part and (if appropriate) remit the matter to the Commission; - b
substitute for all or part of 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.
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Order made by the Commission under section 76(3) in relation to a charity. | The persons are— - a
the charity trustees of the charity, - b
(if a body corporate) the charity itself, - c
in a section 76(3)(a) case, any person suspended by the order, and - d
any other person who is or may be affected by the order.
| Power to— - a
quash the order in whole or in part and (if appropriate) remit the matter to the Commission; - b
substitute for all or part of 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.
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Decision of the Commission— - a
to discharge an order following a review under section 76(6), or - b
not to discharge an order following such a review.
| The persons are— - a
the charity trustees of the charity to which the order relates, - b
(if a body corporate) the charity itself, - c
if the order in question was made under section 76(3)(a), any person suspended by it, and - d
any other person who is or may be affected by the order.
| Power to— - a
quash the decision and (if appropriate) remit the matter to the Commission; - b
make the discharge of the order subject to savings or other transitional provisions; - c
remove any savings or other transitional provisions to which the discharge of the order was subject; - d
discharge the order in whole or in part (whether subject to any savings or other transitional provisions or not).
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Order made by the Commission under section 79(2) in relation to a charity. | The persons are— - a
the charity trustees of the charity, - b
(if a body corporate) the charity itself, - c
in a section 79(2)(a) case, any person removed by the order, and - d
any other person who is or may be affected by the order.
| Power to— - a
quash the order in whole or in part and (if appropriate) remit the matter to the Commission; - b
substitute for all or part of 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.
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Order made by the Commission under section 80(1) removing a charity trustee. | The persons are— - a
the charity trustee, - b
the remaining charity trustees of the charity of which that trustee was a charity trustee, - c
(if a body corporate) the charity itself, and - d
any other person who is or may be affected by the order.
| Power to— - a
quash the order in whole or in part and (if appropriate) remit the matter to the Commission; - b
substitute for all or part of 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.
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Order made by the Commission under section 80(2) appointing a charity trustee. | The persons are— - a
the other charity trustees of the charity, - b
(if a body corporate) the charity itself, and - c
any other person who is or may be affected by the order.
| Power to— - a
quash the order in whole or in part and (if appropriate) remit the matter to the Commission; - b
substitute for all or part of 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.
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Order made by the Commission under section 83(2) which suspends a person’s membership of a charity. | The persons are— - a
the person whose membership is suspended by the order, and - b
any other person who is or may be affected by the order.
| Power to quash the order and (if appropriate) remit the matter to the Commission. |
Order made by the Commission under section 84(2) which directs a person to take action specified in the order. | The persons are any person who is directed by the order to take the specified action. | Power to quash the order and (if appropriate) remit the matter to the Commission. |
Order made by the Commission under section 85(2) which directs a person to apply property in a specified manner. | The persons are any person who is directed by the order to apply the property in the specified manner. | Power to quash the order and (if appropriate) remit the matter to the Commission. |
Order made by the Commission under section 87(3) in relation to a person holding property on behalf of a body entered in the Scottish Charity Register or of any person concerned in its management or control. | The persons are— - a
the person holding the property in question, and - b
any other person who is or may be affected by the order.
| Power to quash the order and (if appropriate) remit the matter to the Commission. |
Order made by the Commission under section 93(2) in relation to any land vested in the official custodian in trust for a charity. | The persons are— - a
the charity trustees of the charity, - b
(if a body corporate) the charity itself, and - c
any other person who is or may be affected by the order.
| Power to— - a
quash the order and (if appropriate) remit the matter to the Commission; - 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.
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Decision of the Commission not to make a common investment scheme under section 96. | The persons are— - a
the charity trustees of a charity which applied to the Commission for the scheme, - b
(if a body corporate) the charity 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. |
Decision of the Commission not to make a common deposit scheme under section 100. | The persons are— - a
the charity trustees of a charity which applied to the Commission for the scheme, - b
(if a body corporate) the charity 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. |
Decision by the Commission not to make an order under section 105 in relation to a charity. | The persons are— - a
the charity trustees of the charity, and - b
(if a body corporate) the charity itself.
| Power to quash the decision and (if appropriate) remit the matter to the Commission. |
Direction given by the Commission under section 107 in relation to an account held in the name of or on behalf of a charity. | The persons are— - a
the charity trustees of the charity, - b
(if a body corporate) the charity itself, and - c
any other person who is or may be affected by the order.
| Power to— - a
quash the direction and (if appropriate) remit the matter to the Commission; - b
substitute for the direction any other direction which could have been given by the Commission; - c
add to the direction anything which could have been contained in a direction given by the Commission.
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Order made by the Commission under section 112 for the assessment of a solicitor’s bill. | The persons are— - a
the solicitor, - b
any person for whom the work was done by the solicitor, and - c
any other person who is or 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.
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Decision of the Commission not to make an order under section 117 in relation to land held by or in trust for a charity. | The persons are— - a
the charity trustees of the charity, - b
(if a body corporate) the charity 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. |
Decision of the Commission not to make an order under section 124 in relation to a mortgage of land held by or in trust for a charity. | The persons are— - a
the charity trustees of the charity, - b
(if a body corporate) the charity 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 |
Order made by the Commission under section 146(1) requiring the accounts of a charity to be audited. | The persons are— - a
the charity trustees of the charity, - b
(if a body corporate) the charity itself, and - c
any other person who is or 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.
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Order made by the Commission under section 147(2) in relation to a charitable company. | The persons are— - a
the directors of the company, - b
the company itself, and - c
any other person who is or may be affected by the order.
| Power to— - a
quash the order and (if appropriate) remit the matter to the Commission; - 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.
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Order made by the Commission under section 147(5) in relation to a charitable company, or a decision of the Commission not to make such an order in relation to a charitable company. | The persons are— - a
the charity trustees of the company, - b
the company 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.
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Order made by the Commission under section 153(1) requiring the group accounts of a 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 is or 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.
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Order made by the Commission under section 155 in relation to a charity, or a decision of the Commission not to make such an order in relation to a charity. | The persons are— - a
the charity trustees of the charity, - b
(if a body corporate) the charity 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.
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Order made by the Commission under section 155 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.
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Decision of the Commission under section 168(3) to request charity trustees to prepare an annual report for a charity. | The persons are— - a
the charity trustees, and - b
(if a body corporate) the charity itself.
| Power to quash the decision and (if appropriate) remit the matter to the Commission. |
Decision of the Commission not to dispense with the requirements of section 169(1) in relation to a charity or class of charities. | The persons are the charity trustees of any charity affected by the decision. | Power to quash the decision and (if appropriate) remit the matter to the Commission. |
Decision of the Commission under section 181(2) to waive, or not to waive, a person’s disqualification. | The persons are— - a
the person who applied for the waiver, and - b
any other person who is or may be affected by the decision.
| Power to— - a
quash the decision and (if appropriate) remit the matter to the Commission; - b
substitute for the decision any other decision of a kind which could have been made by the Commission.
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Order made by the Commission under section 184(3) in relation to a person who has acted as charity trustee or trustee for a charity. | The persons are— - a
the person subject to the order, and - b
any other person who is or may be affected by the order.
| Power to— - a
quash the order and (if appropriate) remit the matter to the Commission; - b
substitute for the order any other order which could have been made by the Commission.
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Order made by the Commission under section 186(5) or (6) requiring a trustee or connected person to repay, or not to receive, remuneration. | The persons are— - a
the trustee or connected person, - b
the other charity trustees of the charity concerned, and - c
any other person who is or may be affected by the order.
| Power to— - a
quash the order and (if appropriate) remit the matter to the Commission; - b
substitute for the order any other order which could have been made by the Commission.
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Decision of the Commission to give, or withhold, consent under section 198(1) or 201(1) in relation to a charitable company. | The persons are— - a
the charity trustees of the company, - 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. |
Decision of the Commission to grant an application under section 207 for the constitution of a CIO and its registration as a charity. | The persons are any person (other than the persons who made the application) who is or may be affected by the decision. | Power to quash the decision and (if appropriate)— - a
remit the matter to the Commission; - b
direct the Commission to rectify the register of charities.
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Decision of the Commission under section 208 to refuse an application for the constitution of a CIO and its registration as a charity. | The persons are— - a
the persons who made the application, and - b
any other person who is or may be affected by the decision.
| Power to— - a
quash the decision and (if appropriate) remit the matter to the Commission; - b
direct the Commission to grant the application.
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Decision of the Commission under section 227 to refuse to register an amendment to the constitution of a CIO. | The persons are— - a
the CIO, - b
the charity trustees of the CIO, and - c
any other person who is or may be affected by the decision.
| Power to quash the decision and (if appropriate)— - a
remit the matter to the Commission; - b
direct the Commission to register the amendment.
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Decision of the Commission under section 231 to refuse an application for the conversion of a charitable company or a registered society into a CIO and the CIO’s registration as a charity. | The persons are— - a
the charity which made the application, - b
the charity trustees of the charity, and - c
any other person who is or may be affected by the decision.
| Power to— - a
quash the decision and (if appropriate) remit the matter to the Commission; - b
direct the Commission to grant the application.
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Decision of the Commission to grant an application under section 235 for the amalgamation of two or more CIOs and the incorporation and registration as a charity of a new CIO as their successor. | The persons are any creditor of any of the CIOs being amalgamated. | Power to quash the decision and (if appropriate) remit the matter to the Commission. |
Decision of the Commission under section 237 to refuse an application for the amalgamation of two or more CIOs and the incorporation and registration as a charity of a new CIO as their successor. | The persons are— - a
the CIOs which applied for the amalgamation, - b
the charity trustees of the CIOs, and - c
any other person who is or may be affected by the decision.
| Power to— - a
quash the decision and (if appropriate) remit the matter to the Commission; - b
direct the Commission to grant the application.
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Decision of the Commission to confirm a resolution passed by a CIO under section 240(1). | The persons are any creditor of the CIO. | Power to quash the decision and (if appropriate) remit the matter to the Commission. |
Decision of the Commission under section 242 to refuse to confirm a resolution passed by a CIO. | The persons are— - a
the CIO, - b
the charity trustees of the CIO, and - c
any other person who is or may be affected by the decision.
| Power to— - a
quash the decision and (if appropriate) remit the matter to the Commission; - b
direct the Commission to confirm the resolution.
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Decision of the Commission— - a
to grant a certificate of incorporation under section 251(1) to the charity trustees of a charity, or - b
not to grant such a certificate.
| The persons are— - a
the charity trustees of the charity, and - b
any other person who is or may be affected by the decision.
| Power to quash— - a
the decision; - b
any conditions or directions inserted in the certificate;
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Decision of the Commission to amend a certificate of incorporation under section 262(5). | The persons are— - a
the charity trustees of the charity, and - b
any other person who is or may be affected by the amended certificate of incorporation.
| Power to quash the decision and (if appropriate) remit the matter to the Commission. |
Decision of the Commission not to amend a certificate of incorporation under section 262(5). | The persons are— - a
the charity trustees of the charity, and - b
any other person who is or may be affected by the decision not to amend the certificate of incorporation.
| Power to— - a
quash the decision and (if appropriate) remit the matter to the Commission; - b
make any order the Commission could have made under section 262(5).
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Order of the Commission under section 263(1) or (2) which dissolves an incorporated body. | The persons are— - a
the charity trustees of the charity, and - b
any other person who is or may be affected by the order.
| Power to— - a
quash the order and (if appropriate) remit the matter to the Commission; - 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.
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Decision of the Commission to notify charity trustees under section 271(1) that it objects to a resolution of the charity trustees under section 268(1). | The persons are— - a
the charity trustees, and - b
any other person who is or may be affected by the decision.
| Power to quash the decision. |
Decision of the Commission to notify charity trustees under section 278(1) that it objects to a resolution of the charity trustees under section 275(2). | The persons are— - a
the charity trustees, and - b
any other person who is or may be affected by the decision.
| Power to quash the decision. |
Decision of the Commission not to concur under section 284 with a resolution of charity trustees under section 282(2). | The persons are— - a
the charity trustees, and - b
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. |
Decision of the Commission not to concur under section 291 with a resolution of charity trustees under section 289(2). | The persons are— - a
the charity trustees, - b
(if a body corporate) the charity 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. |
Decision of the Commission to withhold approval for the transfer of property from trustees to a parish or community council under section 298(2). | The persons are— - a
the trustees, - b
the parish or community council, 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. |
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 charitable company, - 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. |