Charities Act 2006

Prospective

57 Appeals against decisions of the Commission E+W

(1) A person who has duly applied to the Commission for a public collections certificate may appeal to the [F1 Tribunal] against a decision of the Commission under section 52—

(a) to refuse to issue the certificate, or

(b) to attach any condition to it.

(2) A person to whom a public collections certificate has been issued may appeal to the Tribunal against a decision of the Commission not to direct that the certificate be transferred under section 55.

(3) A person to whom a public collections certificate has been issued may appeal to the Tribunal against a decision of the Commission under section 56—

(a) to withdraw or suspend the certificate,

(b) to attach a condition to the certificate, or

(c) to vary an existing condition of the certificate.

(4) The Attorney General may appeal to the Tribunal against a decision of the Commission—

(a) to issue, or to refuse to issue, a certificate,

(b) to attach, or not to attach, any condition to a certificate (whether under section 52 or section 56),

(c) to direct, or not to direct, that a certificate be transferred under section 55,

(d) to withdraw or suspend, or not to withdraw or suspend, a certificate, or

(e) to vary, or not to vary, an existing condition of a certificate.

(5) In determining an appeal under this section, the Tribunal—

(a) must consider afresh the decision appealed against, and

(b) may take into account evidence which was not available to the Commission.

(6) On an appeal under this section, the Tribunal may—

(a) dismiss the appeal,

(b) quash the decision, or

(c) substitute for the decision another decision of a kind that the Commission could have made;

and in any case the Tribunal may give such directions as it thinks fit, having regard to the provisions of this Chapter and of regulations under section 63.

(7) If the Tribunal quashes the decision, it may remit the matter to the Commission (either generally or for determination in accordance with a finding made or direction given by the Tribunal).

[F2 (8) In this section “the Tribunal”, in relation to any appeal under this section, means—

(a) the Upper Tribunal, in any case where it is determined by or under Tribunal Procedure Rules that the Upper Tribunal is to hear the appeal; or

(b) the First-tier Tribunal, in any other case;]

Textual Amendments

F1 Word in s. 57(1) substituted (1.9.2009) by The Transfer of Functions of the Charity Tribunal Order 2009 (S.I. 2009/1834), art. 1, Sch. 1 para. 17(a) (with Sch. 4)

F2 S. 57(8) inserted (1.9.2009) by The Transfer of Functions of the Charity Tribunal Order 2009 (S.I. 2009/1834), art. 1, Sch. 1 para. 17(b) (with Sch. 4)