F1PART 64ESTATES, TRUSTS AND CHARITIES

Annotations:
Amendments (Textual)

SECTION II: CHARITY PROCEEDINGS

Application for permission to take charity proceedings64.6

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 F2Practice 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.