Charities Act 2006 (c. 50)

(The document as of February, 2008)

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(2) The validity of anything done by the Commission is not affected by a vacancy among its members or by a defect in the appointment of a member.

Performance of functions

8 Anything authorised or required to be done by the Commission may be done by--

(a) any member or member of staff of the Commission who is authorised for that purpose by the Commission, whether generally or specially;

(b) any committee of the Commission which has been so authorised.

Evidence

9 The Documentary Evidence Act 1868 shall have effect as if--

(a) the Commission were mentioned in the first column of the Schedule to that Act,

(b) any member or member of staff of the Commission authorised to act on behalf of the Commission were specified in the second column of that Schedule in connection with the Commission, and

(c) the regulations referred to in that Act included any document issued by or under the authority of the Commission.

Execution of documents

10 (1) A document is executed by the Commission by the fixing of its common seal to the document.

(2) But the fixing of that seal to a document must be authenticated by the signature of--

(a) any member of the Commission, or

(b) any member of its staff,

who is authorised for the purpose by the Commission.

(3) A document which is expressed (in whatever form of words) to be executed by the Commission and is signed by--

(a) any member of the Commission, or

(b) any member of its staff,

who is authorised for the purpose by the Commission has the same effect as if executed in accordance with sub-paragraphs (1) and (2).

(4) A document executed by the Commission which makes it clear on its face that it is intended to be a deed has effect, upon delivery, as a deed; and it is to be presumed (unless a contrary intention is proved) to be delivered upon its being executed.

(5) In favour of a purchaser a document is to be deemed to have been duly executed by the Commission if it purports to be signed on its behalf by--

(a) any member of the Commission, or

(b) any member of its staff;

and, where it makes it clear on its face that it is intended to be a deed, it is to be deemed to have been delivered upon its being executed.

(6) For the purposes of this paragraph--

• "authorised" means authorised whether generally or specially; and

• "purchaser" means a purchaser in good faith for valuable consideration and includes a lessee, mortgagee or other person who for valuable consideration acquired an interest in property.

Annual report

11 (1) As soon as practicable after the end of each financial year the Commission shall publish a report on--

(a) the discharge of its functions,

(b) the extent to which, in its opinion, its objectives (see section 1B of this Act) have been met,

(c) the performance of its general duties (see section 1D of this Act), and

(d) the management of its affairs,

during that year.

(2) The Commission shall lay a copy of each such report before Parliament.

(3) In sub-paragraph (1) above, "financial year" means--

(a) the period beginning with the date on which the Commission is established and ending with the next 31st March following that date, and

(b) each successive period of 12 months ending with 31st March.

Annual public meeting

12 (1) The Commission shall hold a public meeting ("the annual meeting") for the purpose of enabling a report under paragraph 11 above to be considered.

(2) The annual meeting shall be held within the period of three months beginning with the day on which the report is published.

(3) The Commission shall organise the annual meeting so as to allow--

(a) a general discussion of the contents of the report which is being considered, and

(b) a reasonable opportunity for those attending the meeting to put questions to the Commission about matters to which the report relates.

(4) But subject to sub-paragraph (3) above the annual meeting is to be organised and conducted in such a way as the Commission considers appropriate.

(5) The Commission shall--

(a) take such steps as are reasonable in the circumstances to ensure that notice of the annual meeting is given to every registered charity, and

(b) publish notice of the annual meeting in the way appearing to it to be best calculated to bring it to the attention of members of the public.

(6) Each such notice shall--

(a) give details of the time and place at which the meeting is to be held,

(b) set out the proposed agenda for the meeting,

(c) indicate the proposed duration of the meeting, and

(d) give details of the Commission's arrangements for enabling persons to attend.

(7) If the Commission proposes to alter any of the arrangements which have been included in notices given or published under sub-paragraph (5) above it shall--

(a) give reasonable notice of the alteration, and

(b) publish the notice in the way appearing to it to be best calculated to bring it to the attention of registered charities and members of the public. "

House of Commons Disqualification Act 1975 (c. 24)

2 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) insert at the appropriate place--

" The Charity Commission. "

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

3 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) insert at the appropriate place--

" The Charity Commission. "

Section 6

SCHEDULE 2 Establishment of the Charity Commission: supplementary

1 In this Schedule--

• "commencement" means the coming into force of section 6, and

• "the Commission" means the Charity Commission.

Appointments to Commission

2 (1) The person who immediately before commencement was the Chief Charity Commissioner for England and Wales is on commencement to become the chairman of the Commission as if duly appointed under paragraph 1 of Schedule 1A to the 1993 Act.

(2) Any other person who immediately before commencement was a Charity Commissioner for England and Wales is on commencement to become a member of the Commission as if duly appointed under that paragraph.

(3) While a person holds office as a member of the Commission by virtue of this paragraph he shall--

(a) continue to be deemed to be employed in the civil service of the Crown, and

(b) hold that office on the terms on which he held office as a Charity Commissioner for England and Wales immediately before commencement.

(4) Sub-paragraph (3)(b) is subject to--

(a) sub-paragraph (5),

(b) paragraph 3(4) and (5) of Schedule 1A to the 1993 Act, and

(c) any necessary modifications to the terms in question.

(5) No person may hold office as a member of the Commission by virtue of this paragraph for a term exceeding three years from commencement.

(6) Paragraphs 2 and 3(1) to (3) of Schedule 1A to the 1993 Act, and paragraphs 2 and 3 of Schedule 1 to this Act, shall not apply in relation to a person while he holds office as a member of the Commission by virtue of this paragraph.

Effect of transfers under section 6

3 (1) Anything which--

(a) has been done (or has effect as if done) by or in relation to the Commissioners, and

(b) is in effect immediately before commencement,

is to be treated as if done by or in relation to the Commission.

(2) Anything (including legal proceedings) which--

(a) relates to anything transferred by section 6(4), and

(b) is in the process of being done by or in relation to the Commissioners,

may be continued by or in relation to the Commission.

(3) But nothing in section 6 or this paragraph affects the validity of anything done by or in relation to the Commissioners.

(4) In this paragraph "the Commissioners" means the Charity Commissioners for England and Wales (and includes any person acting for them by virtue of paragraph 3(3) of Schedule 1 to the 1993 Act).

First annual report of Commission

4 (1) This paragraph applies if there is a period of one or more days which--

(a) began on the day after the end of the last year for which the Charity Commissioners for England and Wales made a report under section 1(5) of the 1993 Act, and

(b) ended on the day before commencement.

(2) The first report published by the Commission under paragraph 11 of Schedule 1A to the 1993 Act shall also be a report on the operations of the Charity Commissioners for England and Wales during the period mentioned in sub-paragraph (1).

Resource accounts of Commission

5 (1) The new Commission and the old Commission shall be treated as being the same government department for the purposes of section 5 of the Government Resources and Accounts Act 2000 (c. 20).

(2) Resource accounts sent to the Comptroller and Auditor General by the new Commission in respect of any period before commencement shall be resource accounts in the name of the new Commission.

(3) In this paragraph--

• "the new Commission" means the Charity Commission established by section 6, and

• "the old Commission" means the government department known as the Charity Commission and existing immediately before commencement.

Section 8

SCHEDULE 3 The Charity Tribunal

1 After Schedule 1A to the 1993 Act (inserted by Schedule 1 to this Act) insert--

Section 2A(3)

" SCHEDULE 1B The Charity Tribunal

Membership

1 (1) The Tribunal shall consist of the President and its other members.

(2) The Lord Chancellor shall appoint--

(a) a President of the Tribunal,

(b) legal members of the Tribunal, and

(c) ordinary members of the Tribunal.

(3) A person may be appointed as the President or a legal member of the Tribunal only if he has a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990.

(4) A person may be appointed as an ordinary member of the Tribunal only if he appears to the Lord Chancellor to have appropriate knowledge or experience relating to charities.

Deputy President

2 (1) The Lord Chancellor may appoint a legal member as deputy President of the Tribunal.

(2) The deputy President--

(a) may act for the President when he is unable to act or unavailable, and

(b) shall perform such other functions as the President may delegate or assign to him.

Terms of appointment

3 (1) The members of the Tribunal shall hold and vacate office as such in accordance with the terms of their respective appointments.

(2) A person holding office as a member of the Tribunal--

(a) may resign that office by giving notice in writing to the Lord Chancellor, and

(b) may be removed from office by the Lord Chancellor on the ground of incapacity or misbehaviour.

(3) A previous appointment of a person as a member of the Tribunal does not affect his eligibility for re-appointment as a member of the Tribunal.

Retirement etc.

4 (1) A person shall not hold office as a member of the Tribunal after reaching the age of 70.

(2) Section 26(5) and (6) of the Judicial Pensions and Retirement Act 1993 (extension to age 75) apply in relation to a member of the Tribunal as they apply in relation to a holder of a relevant office.

Remuneration etc.

5 (1) The Lord Chancellor may pay to the members of the Tribunal such remuneration, and such other allowances, as he may determine.

(2) The Lord Chancellor may--

(a) pay such pension, allowances or gratuities as he may determine to or in respect of a person who is or has been a member of the Tribunal, or

(b) make such payments as he may determine towards provision for the payment of a pension, allowances or gratuities to or in respect of such a person.

(3) If the Lord Chancellor determines that there are special circumstances which make it right for a person ceasing to hold office as a member of the Tribunal to receive compensation, the Lord Chancellor may pay to him a sum by way of compensation of such amount as may be determined by the Lord Chancellor.

Staff and facilities

6 The Lord Chancellor may make staff and facilities available to the Tribunal.

Panels

7 (1) The functions of the Tribunal shall be exercised by panels of the Tribunal.

(2) Panels of the Tribunal shall sit at such times and in such places as the President may direct.

(3) Before giving a direction under sub-paragraph (2) above the President shall consult the Lord Chancellor.

(4) More than one panel may sit at a time.

8 (1) The President shall make arrangements for determining which of the members of the Tribunal are to constitute a panel of the Tribunal in relation to the exercise of any function.

(2) Those arrangements shall, in particular, ensure that each panel is constituted in one of the following ways--

(a) as the President sitting alone,

(b) as a legal member sitting alone,

(c) as the President sitting with two other members,

(d) as a legal member sitting with two other members,

(e) as the President sitting with one other member,

(f) as a legal member sitting with one other member,

(and references in paragraphs (d) and (f) to other members do not include the President).

(3) The President shall publish arrangements made under this paragraph.

Practice and procedure

9 (1) Decisions of the Tribunal may be taken by majority vote.

(2) In the case of a panel constituted in accordance with paragraph 8(2)(e), the President shall have a casting vote.

(3) In the case of a panel constituted in accordance with paragraph 8(2)(f) which consists of a legal member and an ordinary member, the legal member shall have a casting vote.

(4) The President shall make and publish arrangements as to who is to have a casting vote in the case of a panel constituted in accordance with paragraph 8(2)(f) which consists of two legal members.

10 The President may, subject to rules under section 2B of this Act, give directions about the practice and procedure of the Tribunal. "

House of Commons Disqualification Act 1975 (c. 24)

2 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) insert at the appropriate place--

" The Charity Tribunal. "

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

3 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) insert at the appropriate place--

" The Charity Tribunal. "

Courts and Legal Services Act 1990 (c. 41)

4 In Schedule 11 to the Courts and Legal Services Act 1990 (judges etc. barred from legal practice) insert at the end--

" President or other member of the Charity Tribunal " .

Tribunals and Inquiries Act 1992 (c. 53)

5 In Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under general supervision of Council) before paragraph 7 insert--

" Charities

6A. The Charity Tribunal constituted under section 2A of, and Schedule 1B to, the Charities Act 1993. "

Section 8

SCHEDULE 4 Appeals and applications to Charity Tribunal

After Schedule 1B to the 1993 Act (inserted by Schedule 3 to this Act) insert--

Section 2A(4)

" SCHEDULE 1C Appeals and applications to Charity Tribunal

Appeals: general

1 (1) Except in the case of a reviewable matter (see paragraph 3) an appeal may be brought to the Tribunal against any decision, direction or order mentioned in column 1 of the Table.

(2) Such an appeal may be brought by--

(a) the Attorney General, or

(b) any person specified in the corresponding entry in column 2 of the Table.

(3) The Commission shall be the respondent to such an appeal.

(4) In determining such an appeal the Tribunal--

(a) shall consider afresh the decision, direction or order appealed against, and

(b) may take into account evidence which was not available to the Commission.

(5) The Tribunal may--

(a) dismiss the appeal, or

(b) if it allows the appeal, exercise any power specified in the corresponding entry in column 3 of the Table.

Appeals: orders under section 9

2 (1) Paragraph 1(4)(a) above does not apply in relation to an appeal against an order made under section 9 of this Act.

(2) On such an appeal the Tribunal shall consider whether the information or document in question--

(a) relates to a charity;

(b) is relevant to the discharge of the functions of the Commission or the official custodian.

(3) The Tribunal may allow such an appeal only if it is satisfied that the information or document in question does not fall within either paragraph (a) or paragraph (b) of sub-paragraph (2) above.

Reviewable matters

3 (1) In this Schedule references to "reviewable matters" are to--

(a) decisions to which sub-paragraph (2) applies, and

(b) orders to which sub-paragraph (3) applies.

(2) This sub-paragraph applies to decisions of the Commission--

(a) to institute an inquiry under section 8 of this Act with regard to a particular institution,

(b) to institute an inquiry under section 8 of this Act with regard to a class of institutions,

(c) not to make a common investment scheme under section 24 of this Act,

(d) not to make a common deposit scheme under section 25 of this Act,

(e) not to make an order under section 26 of this Act in relation to a charity,

(f) not to make an order under section 36 of this Act in relation to land held by or in trust for a charity,

(g) not to make an order under section 38 of this Act in relation to a mortgage of land held by or in trust for a charity.

(3) This sub-paragraph applies to an order made by the Commission under section 69(1) of this Act in relation to a company which is a charity.

Reviews

4 (1) An application may be made to the Tribunal for the review of a reviewable matter.

(2) Such an application may be made by--

(a) the Attorney General, or

(b) any person mentioned in the entry in column 2 of the Table which corresponds to the entry in column 1 which relates to the reviewable matter.

(3) The Commission shall be the respondent to such an application.

(4) In determining such an application the Tribunal shall apply the principles which would be applied by the High Court on an application for judicial review.

(5) The Tribunal may--

(a) dismiss the application, or

(b) if it allows the application, exercise any power mentioned in the entry in column 3 of the Table which corresponds to the entry in column 1 which relates to the reviewable matter.

Interpretation: remission of matters to Commission

5 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

1	2	3
Decision of the Commission under section 3 or 3A of this Act-- (a) to enter or not to enter an institution in the register of charities, or (b) to remove or not to remove an institution from the register.	The persons are-- (a) the persons who are or claim to be the charity trustees of the institution, (b) (if a body corporate) the institution itself, and (c) any other person who is or may be affected by the decision.	Power to quash the decision and (if appropriate)-- (a) remit the matter to the Commission, (b) direct the Commission to rectify the register.
Decision of the Commission not to make a determination under section 3(9) of this Act in relation to particular information contained in the register.	The persons are-- (a) the charity trustees of the charity to which the information relates, (b) (if a body corporate) the charity itself, and (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 section 6 of this Act requiring the name of a charity to be changed.	Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 -- Back -- Stat		Other