Textual Amendments
F1Words in Pt. IV heading substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 106; S.I. 2007/309, art. 2, Sch.
(1)Charity proceedings may be taken with reference to a charity either by the charity, or by any of the charity trustees, or by any person interested in the charity, or by any two or more inhabitants of the area of the charity if it is a local charity, but not by any other person.
(2)Subject to the following provisions of this section, no charity proceedings relating to a charity (other than an exempt charity) shall be entertained or proceeded with in any court unless the taking of the proceedings is authorised by order of [F2the Commission].
(3)[F3The Commission] shall not, without special reasons, authorise the taking of charity proceedings where in [F4its opinion] the case can be dealt with [F5by the Commission] under the powers of this Act other than those conferred by section 32 above.
(4)This section shall not require any order for the taking of proceedings in a pending cause or matter or for the bringing of any appeal.
(5)Where the foregoing provisions of this section require the taking of charity proceedings to be authorised by an order of [F6the Commission], the proceedings may nevertheless be entertained or proceeded with if, after the order had been applied for and refused, leave to take the proceedings was obtained from one of the judges of the High Court attached to the Chancery Division.
(6)Nothing in the foregoing subsections shall apply to the taking of proceedings by the Attorney General, with or without a relator, or to the taking of proceedings by [F6the Commission] in accordance with section 32 above.
(7)Where it appears to [F7the Commission], on an application for an order under this section or otherwise, that it is desirable for legal proceedings to be taken with reference to any charity (other than an exempt charity) or its property or affairs, and for the proceedings to be taken by the Attorney General, [F7the Commission] shall so inform the Attorney General, and send him such statements and particulars as [F8the Commission thinks] necessary to explain the matter.
(8)In this section “charity proceedings” means proceedings in any court in England or Wales brought under the court’s jurisdiction with respect to charities, or brought under the court’s jurisdiction with respect to trusts in relation to the administration of a trust for charitable purposes.
Textual Amendments
F2Words in s. 33(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 125(2); S.I. 2007/309, art. 2, Sch.
F3Words in s. 33(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 125(3)(a); S.I. 2007/309, art. 2, Sch.
F4Words in s. 33(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 125(3)(b); S.I. 2007/309, art. 2, Sch.
F5Words in s. 33(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 125(3)(c); S.I. 2007/309, art. 2, Sch.
F6Words in s. 33(5)(6) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 125(4); S.I. 2007/309, art. 2, Sch.
F7Words in s. 33(7) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 125(5)(a); S.I. 2007/309, art. 2, Sch.
F8Words in s. 33(7) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 125(5)(b); S.I. 2007/309, art. 2, Sch.