PART 5RESTORATION OF A CIO TO THE REGISTER

Restoration by the court34

1

On an application under this regulation the court may, if it considers it just to do so, order that a CIO is restored to the register.

2

An application may be made to restore a CIO—

a

that has been dissolved under Chapter 9 of Part 4 of the 1986 M1 Act, as it applies to CIOs; or

b

that is treated as having been dissolved under paragraph 84(6) of Schedule B1 to that Act, as it applies to CIOs.

3

An application may be made by—

a

the Commission;

b

any person who was a charity trustee of the CIO immediately prior to its dissolution;

c

any person having an interest in land in which the CIO had a superior or derivative interest;

d

any person having an interest in land or other property—

i

that was subject to rights vested in the CIO; or

ii

that was benefitted by obligations owed by the CIO;

e

any person who but for the CIO's dissolution would have had a contractual relationship with it;

f

any person who has a potential legal claim against the CIO;

g

any manager or trustee of a pension fund established for the benefit of employees of the CIO;

h

any person who was a member of the CIO immediately prior to its dissolution (or the personal representatives of such a person);

i

any person who was a creditor of the CIO at the time of its dissolution;

j

any former liquidator of the CIO; or

k

any other person appearing to the court to have an interest in the matter.

4

If the court orders that the CIO is restored to the register—

a

the Commission must restore the CIO to the register; and

b

the CIO is treated as restored to the register on delivery to the Commission of a copy of the court order.