{
  "url": "https://openlegislation.uk/draft-charities-northern-ireland-order-2007/article-149",
  "json_url": "https://openlegislation.uk/draft-charities-northern-ireland-order-2007/article-149.json",
  "legislation": "ukdsi/2007/9780110800677",
  "legislation_title": "The Charities (Northern Ireland) Order 2007",
  "legislation_url": "https://openlegislation.uk/draft-charities-northern-ireland-order-2007",
  "path": "article/149",
  "kind": "article",
  "number": "149",
  "heading": "Appeals against decisions of Commission",
  "text": "(1) A person who, in relation to a public charitable collection, has duly notified the Commission of the matters mentioned in Article 138(3) may appeal to a court of summary jurisdiction against a decision of the Commission under Article 138(4)—\n(a) that the collection is not a local, short-term collection, or\n(b) that the promoters or any of them has breached any such provision, or been convicted of any such offence, as is mentioned in sub-paragraph (b) of that Article.\n(2) A person who has duly applied to the Commission for a permit to conduct a public charitable collection may appeal to a court of summary jurisdiction against a decision of the Commission under Article 146—\n(a) to refuse to issue a permit, or\n(b) to attach any condition to it.\n(3) A person to whom a permit has been issued may appeal to a court of summary jurisdiction against a decision of the Commission under Article 148—\n(a) to withdraw the permit,\n(b) to attach a condition to the permit, or\n(c) to vary an existing condition of the permit.\n(4) An appeal under paragraph (1), (2) or (3) shall be by way of complaint under Part VIII of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26).\n(5) Any such appeal shall be brought within 14 days of the date of service on the person in question of the relevant notice under Article 138(4), Article 146(5) or (as the case may be) Article 148(7); and for the purposes of this Article an appeal shall be taken to be brought when the complaint is made.\n(6) On an appeal under this Article, the court may confirm, vary or reverse the Commission’s decision and generally give such directions as it thinks fit, having regard to the provisions of this Chapter and of any regulations under Article 150.\n(7) On an appeal against a decision of the Commission under Article 138(4), directions under paragraph (6) may include a direction that the collection may be conducted—\n(a) on the date or dates notified in accordance with Article 138(3)(b), or\n(b) on such other date or dates as may be specified in the direction;\nand if so conducted the collection is to be regarded as one that is an exempt collection by virtue of Article 138.\n(8) It shall be the duty of the Commission to comply with any directions given by the court under paragraph (6); but the Commission need not comply with any directions given by a court of summary jurisdiction—\n(a) until the time for bringing an appeal against the court’s decision has expired, or\n(b) if such an appeal is duly brought, until the determination or abandonment of the appeal.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2007/9780110800677/article/149",
    "retrieved_at": "2026-10-30T15:17:23.710359+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}