SCHEDULES
SCHEDULE 1Minor and consequential amendments
The 2008 Act
27
1
In Schedule 3 (appeals and applications to Tribunal), amend the Table as follows.
2
In the first entry relating to section 79(4), in column 1 omit “of a charity”.
3
In the entry relating to section 84(1) or (2)—
a
in column 1 omit “a charity which is”;
b
in column 2 omit “(b) the charity itself”.
4
In each of the entries relating to sections 73(1), 79(4) and 84(1) or (2), in column 2 after “trustees of the charity” insert “
(within the meaning of section 85)
”
.
5
In the entry relating to decisions under section 96(2), 97(4) or 98(1), in the first column omit “, 97(4)”.
6
For the entry relating to section 104(4) substitute—
1
2
3
Order made by the Commission under section 104(5) in relation to a charity which is a company, or a decision of the Commission not to make such an order in relation to such a charity.
The persons are—
- a
the charity trustees of the charity;
- b
the charity itself;
- c
in the case of a decision not to make an order, the auditor; and
- d
any other person who is or may be affected by the order or the decision.
Power to—
- a
quash the order or decision and (if appropriate) remit the matter to the Commission;
- b
substitute for the order any other order of a kind the Commission could have made;
- c
make any order which the Commission could have made.
7
In—
a
the second entry relating to section 110, in column 1,
b
the entry relating to section 113, in column 1, and
c
the second entry relating to section 116, in column 1,
for “not to grant” substitute “
to refuse
”
.
8
In the second entry relating to section 118(1), in column 1, for “not to confirm” substitute “
to refuse
”
.
9
After the entry relating to section 166(5) insert—
1
2
3
Order made by the Commission under paragraph 6(5), or by virtue of paragraph 7(2), of Schedule 6 requiring the group accounts of the parent charity to be audited.
The persons are—
- a
the charity trustees of the parent charity;
- b
(if a body corporate) the parent charity itself; and
- c
any other person who may be affected by the order.
Power to—
- a
quash the order;
- b
substitute for the order any other order which could have been made by the Commission;
- c
add to the order anything which could have been contained in an order made by the Commission.
Order made by the Commission by virtue of paragraph 8(4) of Schedule 6 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—
- a
the charity trustees of the member of the group,
- b
(if a body corporate) the member of the group itself,
- c
in the case of a decision not to make an order, the auditor, independent examiner or examiner, and
- d
any other person who is or may be affected by the order or the decision.
Power to—
- a
quash the order or decision and (if appropriate) remit the matter to the Commission;
- b
substitute for the order any other order of a kind the Commission could have made;
- c
make any order which the Commission could have made.
10
At the end add—
1
2
3
Decision of the Commission to give or withhold consent under section 42(4) of the Companies Act 2006.
The persons are—
- a
the charity trustees of the charity,
- b
the company 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.