The Civil Procedure Rules 1998

RSC ORDER 108 PROCEEDINGS RELATING TO CHARITIES: THE CHARITIES ACT 1993(1)

Interpretation

Rule 1  In this Order—

“the Act” means the Charities Act 1993;

“certificate” means a certificate that a case is a proper one for an appeal;

“charity proceedings” means proceedings in the High Court under the Court’s jurisdiction with respect to charities or under the Court’s jurisdiction with respect to trusts in relation to the administration of a trust for charitable purposes;

“the Commissioners” means the Charity Commissioners for England and Wales.

Assignment to Chancery Division

Rule 2  Charity proceedings and proceedings brought in the High Court by virtue of the Act shall be assigned to the Chancery Division.

Application for permission to appeal or to take charity proceedings

Rule 3—(1) An application shall not be made under section 16 (13) of the Act for permission to appeal against an order of the Commissioners unless the applicant has requested the Commissioners to grant a certificate and they have refused to do so.

(2) An application under section 33 (5) of the Act for permission to start charity proceedings must be made within 21 days after the refusal by the Commissioners of an order authorising proceedings.

(3) The application must be made by lodging in Chancery Chambers a statement showing—

(a) the name, address and description of the applicant;

(b) particulars of the order against which it is desired to appeal or of the proceedings which it is desired to take;

(c) the date of the Commissioners' refusal to grant a certificate or an order authorising the taking of proceedings;

(d) the grounds on which the applicant alleges that it is a proper case for an appeal or for taking proceedings.

(4) The application may be made without notice in the first instance and if it is made with the consent of any other party to the proposed appeal or proposed proceedings that fact shall be mentioned in the statement.

(5) If the judge on considering the application so directs, the Commissioners shall furnish him with a written statement of their reasons for refusing a certificate or, as the case may be, an order authorising the taking of proceedings, and a copy of any such statement shall be sent from Chancery Chambers to the applicant.

(6) Unless, after considering the applicant’s statement and the statement (if any) of the Commissioners, the judge decides to give the permission applied for without a hearing, the application shall be set down for hearing, and the hearing may be in private if the judge so directs.

(7) Where the application is determined without a hearing, a copy of the judge’s order shall be sent from Chancery Chambers to the applicant and the Commissioners; and where the application is to be set down for hearing, notice of the day and time fixed for the hearing shall be sent from that Office to the applicant.

Application for enforcement of order or direction of Commissioners

Rule 4  Order 52 rule 1 (4), shall apply in relation to an application under section 88 of the Act as if for the reference in that rule to a single judge of the Queen’s Bench Division there was substituted a reference to a single judge of the Chancery Division.

Appeal against order, etc., of Commissioners

Rule 5—(1) An appeal against an order or decision of the Commissioners shall be heard and determined by a single judge.

(2) Such an appeal must be brought by a notice of appeal to which the Attorney-General, unless he is the appellant, shall be made a defendant in addition to any other person who is a proper defendant thereto.

(3) A notice of appeal under this rule must state the grounds of the appeal and, except with the permission of the judge hearing the appeal, the appellant shall not be entitled to rely on any ground not so stated.

Service on Commissioners

Rule 6  Any document required or authorised to be served on the Commissioners in proceedings to which this Order relates must be served on the Treasury Solicitor in accordance with Order 77, rule 4 (2).

(1)

1993 c. 10.