OpenLegislation

Paragraph 5

Original text. Later amendments are not shown.

References in column 3 of the Table to the power to remit a matter to the Commission are to the power to remit the matter either—

(a)

generally, or

(b)

for determination in accordance with a finding made or direction given by the Tribunal.

TABLE

123
Decision of the Commission not to give a direction under Article 3(4) or (5) 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 Article 18—

  1. (a)

    to enter or not to enter an institution in the register of charities, or

  2. (b)

    to remove or not to remove an institution from the register.

The persons are—

  1. (a)

    the persons who are or claim to be the charity trustees of the institution,

  2. (b)

    (if a body corporate) the institution itself, and

  3. (c)

    any other person who is or may be affected by the decision.

Power to quash the decision and (if appropriate)—

  1. (a)

    remit the matter to the Commission,

  2. (b)

    direct the Commission to rectify the register.

Decision of the Commission not to make a determination under Article 18(9) in relation to particular information contained in the register.

The persons are—

  1. (a)

    the charity trustees of the charity to which the information relates,

  2. (b)

    (if a body corporate) the charity itself, and

  3. (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 Article 22 requiring the name of a charity to be changed.

The persons are—

  1. (a)

    the charity trustees of the charity to which the direction relates,

  2. (b)

    (if a body corporate) the charity itself, and

  3. (c)

    any other person who is or may be affected by the direction.

Power to—

  1. (a)

    quash the direction and (if appropriate) remit the matter to the Commission,

  2. (b)

    substitute for the direction any other direction which could have been given by the Commission.

Decision of the Commission to institute an inquiry under Article 24 with regard to a particular institution.

The persons are—

  1. (a)

    the persons who have control or management of the institution, and

  2. (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 Article 24 with regard to a class of institutions.

The persons are—

  1. (a)

    the persons who have control or management of any institution which is a member of the class of institutions, and

  2. (b)

    (if a body corporate) any such institution.

Power to—

  1. (a)

    direct the Commission that the inquiry should not consider a particular institution

  2. (b)

    direct the Commission to end the inquiry.

Order made by the Commission under Article 25 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—

  1. (a)

    quash the order,

  2. (b)

    substitute for all or part of the order any other order which could have been made by the Commission.

Order made by the Commission under Article 33(1).

The persons are—

  1. (a)

    in an Article 33(1)(a) case, the charity trustees of the charity to which the order relates or (if a body corporate) the charity itself,

  2. (b)

    in an Article 33(1)(b) case, any person discharged or removed by the order, and

  3. (c)

    any other person who is or may be affected by the order.

Power to—

  1. (a)

    quash the order in whole or in part and (if appropriate) remit the matter to the Commission,

  2. (b)

    substitute for all or part of the order any other order which could have been made by the Commission,

  3. (c)

    add to the order anything which could have been contained in an order made by the Commission.

Order made by the Commission under Article 35(1) in relation to a charity.

The persons are—

  1. (a)

    the charity trustees of the charity,

  2. (b)

    (if a body corporate) the charity itself,

  3. (c)

    in an Article 35(1)(i) case, any person suspended by the order, and

  4. (d)

    any other person who is or may be affected by the order.

Power to—

  1. (a)

    quash the order in whole or in part and (if appropriate) remit the matter to the Commission,

  2. (b)

    substitute for all or part of the order any other order which could have been made by the Commission,

  3. (c)

    add to the order anything which could have been contained in an order made by the Commission.

Order made by the Commission under Article 35(2) in relation to a charity.

The persons are—

  1. (a)

    the charity trustees of the charity,

  2. (b)

    (if a body corporate) the charity itself,

  3. (c)

    in an Article 35(2)(i) case, any person removed by the order, and

  4. (d)

    any other person who is or may be affected by the order.

Power to—

  1. (a)

    quash the order in whole or in part and (if appropriate) remit the matter to the Commission,

  2. (b)

    substitute for all or part of the order any other order which could have been made by the Commission,

  3. (c)

    add to the order anything which could have been contained in an order made by the Commission.

Order made by the Commission under Article 35(4) removing a charity trustee.

The persons are—

  1. (a)

    the charity trustee,

  2. (b)

    the remaining charity trustees of the charity of which he was a charity trustee,

  3. (c)

    (if a body corporate) the charity itself, and

  4. (d)

    any other person who is or may be affected by the order.

Power to—

  1. (a)

    quash the order in whole or in part and (if appropriate) remit the matter to the Commission,

  2. (b)

    substitute for all or part of the order any other order which could have been made by the Commission,

  3. (c)

    add to the order anything which could have been contained in an order made by the Commission.

Order made by the Commission under Article 35(5) appointing a charity trustee.

The persons are—

  1. (a)

    the other charity trustees of the charity,

  2. (b)

    (if a body corporate) the charity itself, and

  3. (c)

    any other person who is or may be affected by the order.

Power to—

  1. (a)

    quash the order in whole or in part and (if appropriate) remit the matter to the Commission,

  2. (b)

    substitute for all or part of the order any other order which could have been made by the Commission,

  3. (c)

    add to the order anything which could have been contained in an order made by the Commission.

Decision of the Commission—

  1. (a)

    to discharge an order following a review under Article 35(10), or

  2. (b)

    not to discharge an order following such a review.

The persons are—

  1. (a)

    the charity trustees of the charity to which the order relates,

  2. (b)

    (if a body corporate) the charity itself,

  3. (c)

    if the order in question was made under Article 35(1)(i), any person suspended by it, and

  4. (d)

    any other person who is or may be affected by the order.

Power to—

  1. (a)

    quash the decision and (if appropriate) remit the matter to the Commission,

  2. (b)

    make the discharge of the order subject to savings or other transitional provisions,

  3. (c)

    remove any savings or other transitional provisions to which the discharge of the order was subject,

  4. (d)

    discharge the order in whole or in part (whether subject to any savings or other transitional provisions or not)

Order made by the Commission under Article 36(2) which suspends a person’s membership of a charity.

The persons are—

  1. (a)

    the person whose membership is suspended by the order, and

  2. (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 Article 38(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 Article 39(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.
Decision of the Commission not to make a common investment scheme under Article 45.

The persons are—

  1. (a)

    the charity trustees of a charity which applied to the Commission for the scheme,

  2. (b)

    (if a body corporate) the charity itself, and

  3. (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 Article 46.

The persons are—

  1. (a)

    the charity trustees of a charity which applied to the Commission for the scheme,

  2. (b)

    (if a body corporate) the charity itself, and

  3. (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 Article 48 in relation to a charity.

The persons are—

  1. (a)

    the charity trustees of the charity, and

  2. (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 Article 50 in relation to an account held in the name of or on behalf of a charity.

The persons are—

  1. (a)

    the charity trustees of the charity,

  2. (b)

    (if a body corporate) the charity itself, and

  3. (c)

    any other person who is or may be affected by the order.

Power to—

  1. (a)

    quash the direction and (if appropriate) remit the matter to the Commission,

  2. (b)

    substitute for the direction any other direction which could have been given by the Commission,

  3. (c)

    add to the direction anything which could have been contained in a direction given by the Commission.

Order made by the Commission under Article 54 for the taxation of a solicitor’s bill.

The persons are—

  1. (a)

    the solicitor,

  2. (b)

    any person for whom the work was done by the solicitor, and

  3. (c)

    any other person who is or may be affected by the order.

Power to—

  1. (a)

    quash the order,

  2. (b)

    substitute for the order any other order which could have been made by the Commission,

  3. (c)

    add to the order anything which could have been contained in an order made by the Commission.

Decision of the Commission not to make an order under Article 61 in relation to land held by or in trust for a charity.

The persons are—

  1. (a)

    the charity trustees of the charity,

  2. (b)

    (if a body corporate) the charity itself, and

  3. (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 Article 64 in relation to a mortgage of land held by or in trust for a charity.

The persons are—

  1. (a)

    the charity trustees of the charity,

  2. (b)

    (if a body corporate) the charity itself, and

  3. (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 Article 68(5) requiring the accounts of a charity to be audited

The persons are—

  1. (a)

    the charity trustees of the charity,

  2. (b)

    (if a body corporate) the charity itself, and

  3. (c)

    any other person who is or may be affected by the order.

Power to—

  1. (a)

    quash the order,

  2. (b)

    substitute for the order any other order which could have been made by the Commission,

  3. (c)

    add to the order anything which could have been contained in an order made by the Commission.

Order made by the Commission under Article 69(2) 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—

  1. (a)

    the charity trustees of the charity,

  2. (b)

    (if a body corporate) the charity itself,

  3. (c)

    in the case of a decision not to make an order, the auditor, independent examiner or examiner, and

  4. (d)

    any other person who is or may be affected by the order or the decision.

Power to—

  1. (a)

    quash the order or decision and (if appropriate) remit the matter to the Commission,

  2. (b)

    substitute for the order any other order of a kind the Commission could have made,

  3. (c)

    make any order which the Commission could have made.

Decision of the Commission not to dispense with the requirements of Article 73(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—

  1. (a)

    to grant a certificate of incorporation under Article 77(1) to the trustees of a charity, or

  2. (b)

    not to grant such a certificate.

The persons are—

  1. (a)

    the trustees of the charity, and

  2. (b)

    any other person who is or may be affected by the decision.

Power to quash—

  1. (a)

    the decision,

  2. (b)

    any conditions or directions inserted in the certificate,

and (if appropriate) remit the matter to the Commission.

Decision of the Commission to amend a certificate of incorporation of a charity under Article 83(4).

The persons are—

  1. (a)

    the trustees of the charity, and

  2. (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 Article 83(4).

The persons are—

  1. (a)

    the trustees of the charity, and

  2. (b)

    any other person who is or may be affected by the decision not to amend the certificate of incorporation.

Power to—

  1. (a)

    quash the decision and (if appropriate) remit the matter to the Commission,

  2. (b)

    make any order the Commission could have made under Article 83(4).

Order of the Commission under Article 88(1) or (2) which dissolves a charity which is an incorporated body.

The persons are—

  1. (a)

    the trustees of the charity,

  2. (b)

    the charity itself, and

  3. (c)

    any other person who is or may be affected by the order.

Power to—

  1. (a)

    quash the order and (if appropriate) remit the matter to the Commission,

  2. (b)

    substitute for the order any other order which could have been made by the Commission,

  3. (c)

    add to the order anything which could have been contained in an order made by the Commission.

Decision of the Commission under Article 89(4) to waive, or not to waive, a person’s disqualification.

The persons are—

  1. (a)

    the person who applied for the waiver, and

  2. (b)

    any other person who is or may be affected by the decision.

Power to—

  1. (a)

    quash the decision and (if appropriate) remit the matter to the Commission,

  2. (b)

    substitute for the decision any other decision of a kind which could have been made by the Commission.

Order made by the Commission under Article 90(4) in relation to a person who has acted as charity trustee or trustee for a charity.

The persons are—

  1. (a)

    the person subject to the order, and

  2. (b)

    any other person who is or may be affected by the order.

Power to—

  1. (a)

    quash the order and (if appropriate) remit the matter to the Commission,

  2. (b)

    substitute for the order any other order which could have been made by the Commission.

Order made by the Commission under Article 93(5) or (6) requiring a trustee or connected person to repay, or not to receive, remuneration.

The persons are—

  1. a)

    the trustee or connected person,

  2. b)

    the other charity trustees of the charity concerned, and

  3. c)

    any other person who is or may be affected by the order.

Power to—

  1. (a)

    quash the order and (if appropriate) remit the matter to the Commission,

  2. (b)

    substitute for the order any other order which could have been made by the Commission.

Decision of the Commission to give, or withhold, consent under Article 99(2), 100(4) or 101(1) in relation to a body corporate which is a charity.

The persons are—

  1. (a)

    the charity trustees of the charity,

  2. (b)

    the body corporate itself, and

  3. (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 Article 105(1) in relation to a company which is a charity.

The persons are—

  1. (a)

    the directors of the company,

  2. (b)

    the company itself, and

  3. (c)

    any other person who is or may be affected by the order.

Power to—

  1. (a)

    quash the order and (if appropriate) remit the matter to the Commission,

  2. (b)

    substitute for the order any other order which could have been made by the Commission,

  3. (c)

    add to the order anything which could have been contained in an order made by the Commission.

Order made by the Commission under Article 105(4) which gives directions to a person or to charity trustees.

The persons are—

  1. (a)

    in the case of directions given to a person, that person,

  2. (b)

    in the case of directions given to charity trustees, those charity trustees and (if a body corporate) the charity of which they are charity trustees, and

  3. (c)

    any other person who is or may be affected by the directions.

Power to—

  1. (a)

    quash the order,

  2. (b)

    substitute for the order any other order which could have been made by the Commission,

  3. (c)

    add to the order anything which could have been contained in an order made by the Commission.

Decision of the Commission under Article 111 to grant an application 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)—

  1. (a)

    remit the matter to the Commission,

  2. (b)

    direct the Commission to rectify the register of charities.

Decision of the Commission under Article 111 not to grant an application for the constitution of a CIO and its registration as a charity.

The persons are—

  1. (a)

    the persons who made the application, and

  2. (b)

    any other person who is or may be affected by the decision.

Power to—

  1. (a)

    quash the decision and (if appropriate) remit the matter to the Commission,

  2. (b)

    direct the Commission to grant the application.

Decision of the Commission under Article 114 not to grant 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—

  1. (a)

    the charity which made the application,

  2. (b)

    the charity trustees of the charity, and

  3. (c)

    any other person who is or may be affected by the decision.

Power to—

  1. (a)

    quash the decision and (if appropriate) remit the matter to the Commission,

  2. (b)

    direct the Commission to grant the application.

Decision of the Commission under Article 117 to grant 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 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 Article 117 not to grant 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—

  1. (a)

    the CIOs which applied for the amalgamation,

  2. (b)

    the charity trustees of the CIOs, and

  3. (c)

    any other person who is or may be affected by the decision.

Power to—

  1. (a)

    quash the decision and (if appropriate) remit the matter to the Commission,

  2. (b)

    direct the Commission to grant the application.

Decision of the Commission to confirm a resolution passed by a CIO under Article 119(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 not to confirm a resolution passed by a CIO under Article 119(1).

The persons are—

  1. (a)

    the CIO,

  2. (b)

    the charity trustees of the CIO, and

  3. (c)

    any other person who is or may be affected by the decision

Power to—

  1. (a)

    quash the decision and (if appropriate) remit the matter to the Commission,

  2. (b)

    direct the Commission to confirm the resolution.

Decision of the Commission to notify charity trustees under Article 125(2) that it objects to a resolution of the charity trustees under Article 124(2) or 127(2).

The persons are—

  1. (a)

    the charity trustees, and

  2. (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 Article 130 with a resolution of charity trustees under Article 130(3) or Article 131(2).

The persons are—

  1. (a)

    the charity trustees,

  2. (b)

    (if a body corporate) the charity itself, and

  3. (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 under Article 140 to refuse to issue a public collections certificate or to attach any condition to such a certificate.The person who applied for the certificate.

Power to—

  1. (a)

    quash the decision and (if appropriate) remit the matter to the Commission,

  2. (b)

    substitute for the decision any other decision of a kind that the Commission could have made.

Decision of the Commission under Article 143 not to direct that a public collections certificate be transferred.

The persons are—

  1. (a)

    the person to whom the certificate has been issued, and

  2. (b)

    any other person who is or may be affected by the decision.

Power to—

  1. (a)

    quash the decision and (if appropriate) remit the matter to the Commission,

  2. (b)

    substitute for the decision any other decision of a kind that the Commission could have made.

Decision of the Commission under Article 144—

  1. (a)

    to withdraw or suspend a public collections certificate,

  2. (b)

    to attach a condition to such a certificate, or

  3. (c)

    to vary an existing condition of such a certificate.

The person to whom the certificate has been issued.

Power to—

  1. (a)

    quash the decision and (if appropriate) remit the matter to the Commission,

  2. (b)

    substitute for the decision any other decision of a kind that the Commission could have made.

Decision of the Commission under paragraph 15 of Schedule 7 to refuse to register an amendment to the constitution of a CIO

The persons are—

  1. (a)

    the CIO,

  2. (b)

    the charity trustees of the CIO, and

  3. (c)

    any other person who is or may be affected by the decision.

Power to quash the decision and (if appropriate)—

  1. (a)

    remit the matter to the Commission,

  2. (b)

    direct the Commission to register the amendment.