Explanatory note

The Charity Tribunal Rules (Northern Ireland) 2010 (“the Rules”) regulate the practice and procedure of proceedings before the Charity Tribunal for Northern Ireland (“the Tribunal”) established by section 12 of the Charities Act (Northern Ireland) 2008 (“the Act”). The Tribunal has jurisdiction to hear appeals and applications for review from certain decisions of the Charity Commission for Northern Ireland (“the Commission”) and to consider matters referred to it by the Attorney General or, with the Attorney General’s consent, the Commission (a reference being made before the Tribunal has made any decision in relation to the proceedings in which the question being referred has arisen).

The Rules are arranged so that Parts 1 to 5 provide for the procedure to be followed when an appeal or application for review is made to the Tribunal, while Part 6 makes specific provision for references.

Part 2 makes provision for general matters that relate to the proceedings in an appeal or application for review. In particular, this Part contains general powers of the Tribunal to give directions to ensure fair and efficient proceedings, to strike out a party’s case for abuse of process or to make an order against a person who acts vexatiously in bringing proceedings.

Part 3 sets out the procedure to be followed when initiating an appeal or application. It includes rules about filing the appeal notice, the Commission’s response to that appeal notice and the appellant’s reply to that response.

Part 4 provides rules to be followed when a hearing is fixed for an appeal or application. In particular this part makes provision for the Attorney General to intervene in proceedings, when the Attorney General is not a party, when the Tribunal requests such action or when the Attorney General considers that intervention is necessary. There is also a rule that allows the Attorney General to assist the Tribunal by arguing any question before the Tribunal that the Tribunal thinks it is necessary to argue.

Part 5 makes provision for appeals from the Tribunal to the Court and in particular the steps to be followed to obtain permission to bring an appeal.

Part 6 makes special provision for references that are brought by the Attorney General or the Commission under Schedule 4 to the Act. This Part essentially provides for the manner in which a reference is initiated, the selection of parties who apply to the Tribunal to be respondents to a reference and the contents of the respondents’ notices. Part 6 also makes provision for a directions hearing to be convened to decide the manner in which reference proceedings are to be conducted.