Moved by
Lord Hodgson of Astley Abbotts
22B: After Clause 13, insert the following new Clause—
“Appeals and applications to Charity Appeal Tribunal
(1) The Charities Act 2011 is amended as follows.
(2) For section 319 (appeals: general) substitute—
“319 Appeals: general
(1) Except in the case of a reviewable matter (see section 322) an appeal may be brought to the Tribunal against any decision, order or direction made by the Commission or any decision on the part of the Commission not to make any decision, order or direction.
(2) Such an appeal may be brought by the following—
(a) the Attorney General;
(b) the charity trustees of the charity subject to the relevant decision, order or direction;
(c) (if a body corporate) the charity subject to the relevant decision, order or direction;
(d) any other person who is the subject of the relevant decision, order or direction or who is significantly interested in and affected by the relevant decision, order or direction.
(3) The Commission is to be the respondent to such an appeal.
(4) In determining such an appeal the Tribunal—
(a) must consider afresh the legal decision, order, direction or decision not to act (as the case may be), and
(b) may take into account evidence which is not available to the Commission.
(5) The Tribunal may—
(a) dismiss the appeal; or
(b) if it allows the appeal, exercise any of the following powers—
(i) to quash (in whole or in part) the decision, order or direction and (if appropriate) remit the matter to the Commission;
(ii) to substitute for the decision, order or direction any other decision, order or direction which could have been made or given by the Commission;
(iii) to add to the decision, order or direction anything which could have been contained in a decision, order or direction of the Commission;
(iv) to give such direction to the Commission as it considers appropriate; and
(v) where appropriate, to make any decision, order or direction which the Commission could have made.”
(3) For section 321(2) substitute—
“(2) Such an application may be brought by—
(a) the Attorney General;
(b) the charity trustees of the charity subject to the relevant reviewable matter;
(c) (if a body corporate) the charity subject to the relevant reviewable matter; or
(d) any other person who is the subject of the relevant reviewable matter or who is significantly interested in and affected by the relevant reviewable matter.”
(4) For section 323 (remission of matters to Commission) substitute—
“323 Remission of matters to Commission
The reference in section 319(5)(b)(i) to “remit the matter to the Commission” means the power to remit the matter—
(a) generally, or
(b) for determination in accordance with a finding made or direction given by the Tribunal.”
(5) Omit section 324 (power to amend provisions relating to appeals and applications to Tribunal).
(6) Omit Schedule 6 (appeals and applications to Tribunal).”