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—

  1. a

    the charity trustees of the charity;

  2. b

    the charity itself;

  3. c

    in the case of a decision not to make an order, the auditor; and

  4. d

    any other person who is or may be affected by the order or the decision.

Power to—

  1. a

    quash the order or decision and (if appropriate) remit the matter to the Commission;

  2. b

    substitute for the order any other order of a kind the Commission could have made;

  3. 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—

  1. a

    the charity trustees of the parent charity;

  2. b

    (if a body corporate) the parent charity itself; and

  3. c

    any other person who may be affected by the order.

Power to—

  1. a

    quash the order;

  2. b

    substitute for the order any other order which could have been made by the Commission;

  3. 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—

  1. a

    the charity trustees of the member of the group,

  2. b

    (if a body corporate) the member of the group itself,

  3. c

    in the case of a decision not to make an order, the auditor, independent examiner or examiner, and

  4. d

    any other person who is or may be affected by the order or the decision.

Power to—

  1. a

    quash the order or decision and (if appropriate) remit the matter to the Commission;

  2. b

    substitute for the order any other order of a kind the Commission could have made;

  3. 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—

  1. a

    the charity trustees of the charity,

  2. b

    the company itself, and

  3. 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.