The Civil Procedure Rules 1998 No. 3132 (L. 17)

[F1 PART 64 E+W ESTATES, TRUSTS AND CHARITIES

Textual Amendments

F1 Pt. 64 inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(b), Sch. 5

SECTION II: CHARITY PROCEEDINGS E+W

Scope of this Section and interpretation E+W

64.5— (1) This Section applies to charity proceedings.

(2) In this Section—

(a) “the Act” means the Charities Act 1993(1);

(b) “charity proceedings” has the same meaning as in section 33(8) of the Act; and

(c) “the Commissioners” means the Charity Commissioners for England and Wales.

Application for permission to take charity proceedings E+W

64.6— (1) An application to the High Court under section 33(5) of the Act for permission to start charity proceedings must be made within 21 days after the refusal by the Commissioners of an order authorising proceedings.

(2) The application must be made by issuing a Part 8 claim form, which must contain the information specified in [F2 Practice Direction 64A].

(3) The Commissioners must be made defendants to the claim, but the claim form need not be served on them or on any other person.

(4) The judge considering the application may direct the Commissioners to file a written statement of their reasons for their decision.

(5) The court will serve on the applicant a copy of any statement filed under paragraph (4).

(6) The judge may either—

(a) give permission without a hearing; or

(b) fix a hearing.]

Textual Amendments

F2 Words in rule 64.6(2) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 39(b)

(1)

1982 c. 27.