The Charity Tribunal Rules 2008

PART 1 Introduction

Citation and commencement

1.  These Rules may be cited as the Charity Tribunal Rules 2008 and shall come into force on 27th February 2008.

Interpretation

2.—(1) A reference in these Rules to a rule by number alone means the rule so numbered in these Rules.

(2) In these Rules, unless the context requires otherwise—

“the 1993 Act” means the Charities Act 1993(1);

“the 2006 Act” means the Charities Act 2006(2);

“appeal” means an appeal to the Tribunal under the 1993 or 2006 Act or, where appropriate, an appeal to the High Court from the Tribunal’s decision under section 2C of the 1993 Act;

“appeal notice” means an appeal or application filed under rule 17(1) (appeal notice);

“appellant” means a person who makes an appeal or an application to the Tribunal;

“appellant’s reply” means a reply filed by an appellant under rule 19 (appellant’s reply);

“applicant” means a party (as defined in these Rules) who seeks permission to bring an appeal to the High Court against a decision of the Tribunal under section 2C of the 1993 Act;

“application” means an application to the Tribunal for the review of a reviewable matter in accordance with paragraphs 3 and 4 of Schedule 1C to the 1993 Act;

“Commission” means the Charity Commission under section 1A of the 1993 Act;

“Commission’s final decision” means the definitive decision of the Commission that is the subject matter of the appeal or application;

“direction” includes any direction or order given or made by the Tribunal;

“document” means anything in which information is recorded in any form, and an obligation under these Rules to provide or allow access to a document or a copy of a document for any purpose means, unless the Tribunal directs otherwise, an obligation to provide or allow access to such documents or copy in a legible form or in a form which can be readily made into a legible form;

“file” means send to the Tribunal;

“legal representative” means an authorised advocate or authorised litigator as defined by section 119(1) of the Courts and Legal Services Act 1990(3);

“party” means an appellant (including the Attorney General when the Attorney General makes an appeal or application to the Tribunal) or the Commission and “other party” shall be construed accordingly;

“reference” means the referral by the Commission or the Attorney General of a question for the determination of the Tribunal in accordance with paragraphs 1 and 2 of Schedule 1D to the 1993 Act;

“reference notice” means a reference filed under rule 38(2) (notice of reference);

“referrer” means the person making a reference to the Tribunal, being either the Commission or the Attorney General;

“register” means the register kept by the Tribunal under rule 31(2);

“representations” means written representations or with the consent of the Tribunal, or at the Tribunal’s request, oral representations;

“respondent” means a person, not being the referrer or a witness, who takes part in reference proceedings (including, when not being the referrer, the Attorney General or the Commission);

“respondent’s notice” means a notice filed in accordance with rule 39(2) (respondent’s notice);

“response” means the document filed by the Commission under rule 18 (Commission’s response) in response to the appeal notice;

“response document” means—

(i)

in relation to the Commission, the Commission’s response; and

(ii)

in relation to an appellant, the appellant’s reply;

“supplementary statement” means a statement that is supplementary to a response document and filed in accordance with a direction given by the Tribunal;

“Charity Tribunal” means the Charity Tribunal established under section 2A(1) of the 1993 Act;

“working day” means any day except for Saturday, Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971(4).

(3) Unless the context requires otherwise, and without prejudice to any provision of these Rules relating to who is authorised to act as a party’s representative, anything permitted or required by these Rules to be done by a party may be done by the representative of that party.

(1)

Sections 1A, 2A, 2B, 2C, 2D and Schedules 1B, 1C and 1D as inserted by the Charities Act 2006 c.50.

(2)

2006 c.50.

(3)

1990 c.41.

(4)

1971 c.80.