SCHEDULES
C3C1C2C4SCHEDULE 6Appeals and applications to Tribunal
Words in Sch. 6 inserted (31.7.2016) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 4(6)(a), 17(4); S.I. 2016/815, reg. 2(c)
Words in Sch. 6 substituted (31.7.2016) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 4(6)(b), 17(4); S.I. 2016/815, reg. 2(c)
Words in Sch. 6 inserted (31.7.2016) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 6(5), 17(4); S.I. 2016/815, reg. 2(e)
Words in Sch. 6 inserted (31.7.2016) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 7(5), 17(4); S.I. 2016/815, reg. 2(f)
Words in Sch. 6 inserted (1.10.2016) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 10(9), 17(4); S.I. 2016/815, reg. 3(a)
Words in Sch. 6 substituted (7.3.2024) by Charities Act 2022 (c. 6), s. 41(4), Sch. 2 para. 2; S.I. 2024/265, reg. 3, Sch. 1 para. 13(b)
Words in Sch. 6 inserted (1.1.2018) by The Charitable Incorporated Organisations (Consequential Amendments) Order 2017 (S.I. 2017/1231), arts. 1, 2
Words in Sch. 6 inserted (2.1.2013) by The Charitable Incorporated Organisations (Consequential Amendments) Order 2012 (S.I. 2012/3014), arts. 1, 8
Words in Sch. 6 omitted (7.3.2024) by virtue of Charities Act 2022 (c. 6), s. 41(4), Sch. 2 para. 8(a); S.I. 2024/265, reg. 3, Sch. 1 para. 13(h)
Words in Sch. 6 omitted (7.3.2024) by virtue of Charities Act 2022 (c. 6), s. 41(4), Sch. 2 para. 8(b); S.I. 2024/265, reg. 3, Sch. 1 para. 13(h)
Words in Sch. 6 inserted (7.3.2024) by Charities Act 2022 (c. 6), s. 41(4), Sch. 2 para. 8(c); S.I. 2024/265, reg. 3, Sch. 1 para. 13(h)
Words in Sch. 6 omitted (14.6.2023) by virtue of Charities Act 2022 (c. 6), s. 41(4), Sch. 2 para. 24; S.I. 2023/643, Sch. para. 20(j) (with reg. 5)
Sch. 6 applied by 1987 c. 15, s. 4(2) (as substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 48 (with s. 20(2), Sch. 8))
Sch. 6 applied by 1969 c. 22, s. 4(8A) (as substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 17(1) (with s. 20(2), Sch. 8))
Sch. 6 applied by 1987 c. 3, s. 5(8B) (as substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 47(2) (with s. 20(2), Sch. 8))
Sch. 6 modified (coming into force in accordance with s. 53(6)(7) of the amending Measure) by Cathedrals Measure 2021 (No. 2), s. 9(10) (with ss. 42(4), 48, 52(1))
1 Decision, direction or order | 2 Appellants/applicants (see sections 319(2)(b) and 321(2)(b)) | 3 Tribunal powers if appeal or application allowed |
---|---|---|
Decision of the Commission not to give a direction under section 12(1) or (2) 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 section 30 or 34—
| The persons are—
| Power to quash the decision and (if appropriate)—
|
Decision of the Commission not to make a determination under section 38(3) in relation to particular information contained in the register. | The persons are—
| Power to quash the decision and (if appropriate) remit the matter to the Commission. |
| The persons are—
| Power to—
|
Decision of the Commission to institute an inquiry under section 46 with regard to a particular institution. | The persons are—
| Power to direct the Commission to end the inquiry. |
Decision of the Commission to institute an inquiry under section 46 with regard to a class of institutions. | The persons are—
| Power to—
|
Order made by the Commission under section 52 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—
|
Order made by the Commission under section 69(1) (including such an order made by virtue of section 92(2)). | The persons are—
| Power to—
|
Order made by the Commission under section 76(3) in relation to a charity. | The persons are—
| Power to—
|
Decision of the Commission—
| The persons are—
| Power to—
|
Order made by the Commission under section 79(2) F2or (4) in relation to a charity. | The persons are—
| Power to—
|
Order made by the Commission under section 80(1) removing a charity trustee. | The persons are—
| Power to—
|
Order made by the Commission under section 80(2) appointing a charity trustee. | The persons are—
| Power to—
|
Order made by the Commission under section 83(2) which suspends a person's membership of a charity. | The persons are—
| Power to quash the order and (if appropriate) remit the matter to the Commission. |
Order made by the Commission under section 84(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. |
F4Order made by the Commission under section 84A(2) which directs a person not to take action specified in the order. | F4The persons are any person who is directed by the order not to take the specified action. | F4Power to quash the order and (if appropriate) remit the matter to the Commission. |
F5Order made by the Commission under section 84B(2) which directs a person to take action specified in the order. | F5The persons are any person who is directed by the order to take the specified action. | F5Power to quash the order and (if appropriate) remit the matter to the Commission. |
F5Order made by the Commission under section 84B(2) which directs a person to do anything that could otherwise only be done by the members of the charity or any of them. | F5The persons are the member or members concerned. | F5Power to quash the order and (if appropriate) remit the matter to the Commission. |
Order made by the Commission under section 85(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. |
Order made by the Commission under section 87(3) in relation to a person holding property on behalf of a body entered in the Scottish Charity Register or of any person concerned in its management or control. | The persons are—
| Power to quash the order and (if appropriate) remit the matter to the Commission. |
Order made by the Commission under section 93(2) in relation to any land vested in the official custodian in trust for a charity. | The persons are—
| Power to—
|
Decision of the Commission not to make a common investment scheme under section 96. | The persons are—
| 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 section 100. | The persons are—
| Power to quash the decision and (if appropriate) remit the matter to the Commission. |
Decision by the Commission not to make an order under section 105 in relation to a charity. | The persons are—
| Power to quash the decision and (if appropriate) remit the matter to the Commission. |
Direction given by the Commission under section 107 in relation to an account held in the name of or on behalf of a charity. | The persons are—
| Power to—
|
Order made by the Commission under section 112 for the assessment of a solicitor's bill. | The persons are—
| Power to—
|
Decision of the Commission not to make an order under section 117 in relation to land held by or in trust for a charity. | The persons are—
| Power to quash the decision and (if appropriate) remit the matter to the Commission. |
Decision of the Commission not to make an order under section 124 in relation to a mortgage of land held by or in trust for a charity. | The persons are—
| Power to quash the decision and (if appropriate) remit the matter to the Commission |
Order made by the Commission under section 146(1) requiring the accounts of a charity to be audited. | The persons are—
| Power to—
|
Order made by the Commission under section 147(2) in relation to a charitable company. | The persons are—
| Power to—
|
Order made by the Commission under section 147(5) in relation to a charitable company, or a decision of the Commission not to make such an order in relation to a charitable company. | The persons are—
| Power to—
|
Order made by the Commission under section 153(1) requiring the group accounts of a parent charity to be audited. | The persons are—
| Power to—
|
Order made by the Commission under section 155 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—
| Power to—
|
Order made by the Commission under section 155 in relation to a member of a group, or a decision of the Commission not to make such an order in relation to a member of a group. | The persons are—
| Power to—
|
Decision of the Commission under section 168(3) to request charity trustees to prepare an annual report for a charity. | The persons are—
| Power to quash the decision and (if appropriate) remit the matter to the Commission. |
Decision of the Commission not to dispense with the requirements of section 169(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 under section 181(2) to waive, or not to waive, a person's disqualification. | The persons are—
| Power to—
|
F6Order made by the Commission under section 181A. | The persons are the person who is the subject of the order. | Power to—
|
Order made by the Commission under section 181B(4). | The persons are the person who is the subject of the order. | Power to—
|
Decision of the Commission—
| The persons are—
| Power to—
|
Decision of the Commission under section 181D not to revoke or vary an order under section 181A. | The persons are the person who is the subject of the order. | Power to—
|
Order made by the Commission under section 184(3) in relation to a person who has acted as charity trustee or trustee for a charity. | The persons are—
| Power to—
|
Order made by the Commission under section 186(5) or (6) requiring a trustee or connected person to repay, or not to receive, remuneration. | The persons are—
| Power to—
|
Decision of the Commission to give, or withhold, consent under section 198(1) or 201(1) in relation to a charitable company. | The persons are—
| Power to quash the decision and (if appropriate) remit the matter to the Commission. |
Decision of the Commission to grant an application under section 207 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)—
|
Decision of the Commission under section 208 to refuse an application for the constitution of a CIO and its registration as a charity. | The persons are—
| Power to—
|
F13Decision of the Commission to give, or withhold, consent under section 226 in relation to an amendment of the constitution of a CIO. | The persons are—
| Power to quash the decision and (if appropriate) remit the matter to the Commission. |
Decision of the Commission under section 231 to refuse 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—
| Power to—
|
F7Decision of the Commission under regulations made by virtue of section 234 to refuse an application for the conversion of a community interest company into a CIO and the CIO’s registration as a charity. | F7The persons are—
| F7Power to—
|
Decision of the Commission to grant an application under section 235 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 section 237 to refuse 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—
| Power to—
|
Decision of the Commission to confirm a resolution passed by a CIO under section 240(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 under section 242 to refuse to confirm a resolution passed by a CIO. | The persons are—
| Power to—
|
F1Decision of the Commission under regulations made by virtue of section 245 to grant an application for the dissolution of a CIO. | The persons are—
| Power to quash the decision and (if appropriate) remit the matter to the Commission. |
Decision of the Commission under regulations made by virtue of section 245 not to grant an application for the dissolution of a CIO. | The persons are—
| Power to—
|
Decision of the Commission under regulations made by virtue of section 245 to dissolve a CIO which it has reasonable cause to believe is not in operation. | The persons are—
| Power to quash the decision and (if appropriate) remit the matter to the Commission. |
Decision of the Commission under regulations made by virtue of section 245 to dissolve a CIO it no longer considers to be a charity. | The persons are—
| Power to quash the decision and (if appropriate) remit the matter to the Commission. |
Decision of the Commission under regulations made by virtue of section 245 to dissolve a CIO which is being wound up. | The persons are—
| Power to quash the decision and (if appropriate) remit the matter to the Commission. |
Order made by the Commission under regulations made by virtue of section 245 specifying the charitable purposes, charity or charities for which the official custodian holds on trust the property of a CIO which has been dissolved. | The persons are—
| Power to—
|
Order made by the Commission under regulations made by virtue of section 245 vesting property held by the official custodian in a charity or charities. | The persons are—
| Power to—
|
Decision of the Commission under regulations made by virtue of section 245 to restore or not to restore a CIO to the register. | The persons are—
| Power to quash the decision and (if appropriate)—
|
Decision of the Commission—
| The persons are—
| Power to quash—
|
Decision of the Commission to amend a certificate of incorporation under section 262(5). | The persons are—
| 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 section 262(5). | The persons are—
| Power to—
|
Order of the Commission under section 263(1) or (2) which dissolves an incorporated body. | The persons are—
| Power to—
|
F10. . . | F10. . . | F10. . . |
F11. . . | F11. . . | F11. . . |
F12Decision of the Commission to withhold consent under section 280A(7) in relation to an amendment of the trusts of an unincorporated charity. | The persons are—
| Power to quash the decision and (if appropriate) remit the matter to the Commission. |
Decision of the Commission not to concur under section 284 with a resolution of charity trustees under section 282(2). | The persons are—
| Power to quash the decision and (if appropriate) remit the matter to the Commission. |
F8. . . | F8. . . | F8. . . |
Decision of the Commission to withhold approval for the transfer of property from trustees to a parish or community council under section 298(2). | The persons are—
| Power to quash the decision and (if appropriate) remit the matter to the Commission. |
Decision of the Commission to give or withhold consent under section 42(4) of the Companies Act 2006. | The persons are—
| Power to quash the decision and (if appropriate) remit the matter to the Commission. |
Words in Sch. 6 substituted (14.6.2023) by Charities Act 2022 (c. 6), s. 41(4), Sch. 2 para. 36; S.I. 2023/643, Sch. para. 20(s)