The Transfer of Functions of the Charity Tribunal Order 2009

Article 4(1)

SCHEDULE 1Consequential amendments to primary legislation

House of Commons Disqualification Act 1975

1.  In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975(1) (bodies of which all members are disqualified) omit the entry relating to the Charity Tribunal.

Northern Ireland Assembly Disqualification Act 1975

2.  In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975(2) (bodies of which all members are disqualified) omit the entry relating to the Charity Tribunal.

Courts and Legal Services Act 1990

3.  In Schedule 11 to the Courts and Legal Services Act 1990(3) (judges etc barred from legal practice) omit the entry relating to the President or other member of the Charity Tribunal.

Tribunals and Inquiries Act 1992

4.  In Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992(4) (tribunals under direct supervision of Council) omit the entry at paragraph 6A relating to charities.

Judicial Pensions and Retirement Act 1993

5.  In Part 2 of Schedule 1 to the Judicial Pensions and Retirement Act 1993(5) (other appointments – members of Tribunals) omit the entry relating to the President of the Charity Tribunal.

Charities Act 1993

6.  The Charities Act 1993(6) is amended as follows.

7.  In the heading for Part 1A omit “Charity”.

8.  In section 2A (the Charity Tribunal)—

(a)in the heading omit “Charity”;

(b)omit subsections (1) to (3); and

(c)in subsection (5) for “section 2B below and rules made under that section” substitute “rules made under section 2B(2) and Tribunal Procedure Rules”.

9.  In section 2B (practice and procedure)—

(a)for subsections (1) to (3) substitute—

“(1) This section applies in relation to appeals, applications or references to the Tribunal which are mentioned in section 2A(4).

(2) The Lord Chancellor may make rules—

(a)specifying steps which must be taken before appeals, applications or references are made to the Tribunal (and the period within which any such steps must be taken);

(b)requiring the Commission to inform persons of their right to appeal or apply to the Tribunal following a final decision, direction or order of the Commission.

(3) Tribunal Procedure Rules may make any other provision regulating the exercise of rights to appeal or to apply to the Tribunal and matters relating to the making of references to it.”;

(b)in subsection (4)—

(i)for “subsection (1)(a) or (b)” substitute “subsection (2) or (3)”;

(ii)after paragraph (a) insert “or”; and

(iii)omit paragraph (b) and the following “or”; and

(c)omit subsections (5) to (7).

10.  In section 2C (appeal from Tribunal)—

(a)omit subsections (1), (2) and (4);

(b)in subsection (3)—

(i)for “this section” substitute “section 11 or 13 of the Tribunals, Courts and Enforcement Act 2007(7)”; and

(ii)for “High Court” substitute “tribunal or court hearing the appeal”; and

(c)in subsection (5)—

(i)for “subsection (1) above” substitute “sections 11(2) and 13(2) of the Tribunals, Courts and Enforcement Act 2007”;

(ii)in paragraph (a) for “all proceedings before the Tribunal” substitute “cases before the Tribunal in respect of any such appeal, application or reference as is mentioned in section 2A(4)”; and

(iii)omit paragraph (b) (and the “and” immediately before it).

11.  In section 2D (intervention by Attorney General)—

(a)in subsection (2) for the words from the beginning to “the court” substitute “The appropriate body”;

(b)in subsections (3) and (4)(b) (in both places) for “Tribunal or court” substitute “appropriate body”;

(c)in subsection (5) for “the Tribunal or court has given a direction” substitute “a direction is given”; and

(d)at the end insert—

“(6) In this section “the appropriate body” means the Tribunal or, in the case of an appeal from the Tribunal, the tribunal or court hearing the appeal.”.

12.  In section 97(1) (general interpretation), for the definition of “the Tribunal” substitute—

““the Tribunal”, in relation to any appeal, application or reference, means—

13.  Omit Schedule 1B (the Charity Tribunal).

14.  In Schedule 1C (appeals and applications to Charity Tribunal) in the heading omit “Charity”.

15.  In Schedule 1D (references to Charity Tribunal)—

(a)in the heading omit “Charity”; and

(b)omit paragraph 6(3).

Constitutional Reform Act 2005

16.  In Part 3 of Schedule 14 to the Constitutional Reform Act 2005(8) (appointments by the Lord Chancellor: offices to which paragraph 2(2)(d) of Schedule 12 applies) omit the entries relating to—

(a)the President of the Charity Tribunal;

(b)a legal member of the Charity Tribunal; and

(c)an ordinary member of the Charity Tribunal.

Charities Act 2006

17.  In section 57 of the Charities Act 2006(9) (appeals against decisions of the Commission)—

(a)in subsection (1) for “Charity Tribunal (“the Tribunal”)” substitute “Tribunal”; and

(b)after subsection (7) insert—

“(8) In this section “the Tribunal”, in relation to any appeal under this section, means—

(a)the Upper Tribunal, in any case where it is determined by or under Tribunal Procedure Rules that the Upper Tribunal is to hear the appeal; or

(b)the First-tier Tribunal, in any other case;”.