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- Point in Time (27/02/2007)
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Version Superseded: 18/03/2008
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(1)Where an order is made under section 2 above—
(a)public notice of the order shall be given in such manner as the [F1Charity Commission thinks ]sufficient and appropriate; and
(b)a copy of the order shall, for not less than one month after the date of the giving of the notice, be available for public inspection at all reasonable times at the[F2Commission's]office and at some convenient place in the locality where the relevant land is situated;
and a notice given for the purposes of paragraph (a) above shall contain such particulars of the order, or such directions for obtaining information about it, as [F3the Commission thinks] sufficient and appropriate.
(2)Subject to subsection (3) below, an appeal against an order made under section 2 above may be brought in the High Court by any of the following, that is to say—
(a)the Attorney General;
(b)the trustees of the trust established under the order;
(c)a beneficiary of, or the trustees of, the trust in respect of which the application for the order had been made;
(d)any person interested in the purposes for which the last-mentioned trustees or any of their predecessors held the relevant land before the cesser of use in consequence of which the trust arose under section 1 above;
(e)any two or more inhabitants of the locality where that land is situated.
(3)An appeal shall not be brought under subsection (2) above against any order—
(a)after the end of the period of three months beginning with the day following the date on which public notice of the order is given; or
(b)without either a certificate by the Charity Commissioners that it is a proper case for an appeal or the leave of the High Court,
unless it is brought by the Attorney General.
(4)[F4Sections 89, 91 and 92 of the Charities Act 1993] (supplemental provisions with respect to orders and appeals) shall apply in relation to, and to appeals against, orders under section 2 above as they apply in relation to, and to appeals against, orders under that Act.
(5)Trustees of a trust which has arisen under section 1 above may pay or apply capital money for any of the purposes of section 2 or 3 above or of this section.
Textual Amendments
F1Words in s. 4(1) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 83(2)(a); S.I. 2007/309, art. 2, Sch.
F2Word in s. 4(1) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 83(2)(b); S.I. 2007/309, art. 2, Sch.
F3Words in s. 4(1) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 83(2)(c); S.I. 2007/309, art. 2, Sch.
F4Words in s. 4(4) substituted (1.8.1993) by 1993 c. 10, ss. 98(1), 99(1), Sch. 6 para.24.
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