(1)An institution shall for all purposes other than rectification of the register be conclusively presumed to be or to have been a charity at any time when it is or was on the register of charities.
(2)Any person who is or may be affected by the registration of an institution as a charity may, on the ground that it is not a charity, object to its being entered by [F1the Commission] in the register, or apply [F2to the Commission] for it to be removed from the register; and provision may be made by regulations made by the [F3Minister] as to the manner in which any such objection or application is to be made, prosecuted or dealt with.
(3)An appeal against any decision of the Commissioners to enter or not to enter an institution in the register of charities, or to remove or not to remove an institution from the register, may be brought in the High Court by the Attorney General, or by the persons who are or claim to be the charity trustees of the institution, or by any person whose objection or application under subsection (2) above is disallowed by the decision.
(4)If there is an appeal to the High Court against any decision of [F4the Commission] to enter an institution in the register, or not to remove an institution from the register, then until [F5the Commission is] satisfied whether the decision of [F4the Commission] is or is not to stand, the entry in the register shall be maintained, but shall be in suspense and marked to indicate that it is in suspense; and for the purposes of subsection (1) above an institution shall be deemed not to be on the register during any period when the entry relating to it is in suspense under this subsection.
(5)Any question affecting the registration or removal from the register of an institution may, notwithstanding that it has been determined by a decision on appeal under subsection (3) above, be considered afresh by [F6the Commission] and shall not be concluded by that decision, if it appears to [F6the Commission] that there has been a change of circumstances or that the decision is inconsistent with a later judicial decision, whether given on such an appeal or not.
Textual Amendments
F1Words in s. 4(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 99(2)(a); S.I. 2007/309, art. 2, Sch.
F2Words in s. 4(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 99(2)(b); S.I. 2007/309, art. 2, Sch.
F3Word in s. 4(2) substituted (13.12.2006) by Transfer of Functions (Third Sector, Communities and Equality) Order 2006 (S.I. 2006/2951), art. 1(2), Sch. para. 4(e)
F4Words in s. 4(4) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 99(4)(b); S.I. 2007/309, art. 2, Sch.
F5Words in s. 4(4) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 99(4)(c); S.I. 2007/309, art. 2, Sch.
F6Words in s. 4(5) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 99(5)(b); S.I. 2007/309, art. 2, Sch.