Clause 8
Charities Bill [Lords]
1:45 pm
Roger Gale (North Thanet, Conservative)
With this it will be convenient to discuss the following amendments: No. 86, page 8, line 17, at end insert—
‘(ab) such appeals and applications as may be made in relation to any decision or activity consequent to any decisions, orders or directions of the Commission, and’.
No. 69, page 8, line 20, at end insert—
‘(c) such appeals and applications as may be made to the Tribunal, in respect of decisions, orders or direction not made by the Commission which could reasonably have been made by the Commission.’.
No. 87, page 8, line 20, at end insert—
‘(d) any appeal or application as may be made to the Tribunal relating to any decision made by the Secretary of State under this Act.’.
No. 19, in schedule 4, page 91, line 13, leave out from ‘matter’ to end of line 29 and insert—
‘as set out in paragraph 3, an appeal may be brought to the Tribunal against any decision, direction or order made or given by the Commission under this Act (including any decision not to give a direction, make an order or otherwise act under this Act).
(2) Such an appeal may be brought by—
(a) the Attorney General;
(b) any person from the following—
(i) the persons who are or claim to be the charity trustees of the institution or who otherwise have control or management of the institution,
(ii) (if a body corporate) the institution itself, and
(iii) any other person who is or may be affected by the decision, direction or order (as the case may be).
(3) In determining such an appeal the Tribunal—
(a) shall consider afresh the decision, direction or order appealed against, and
(b) may taken into account evidence which was not available to the Commission.
(4) The Tribunal may—
(a) dismiss the appeal; or
(b) if it allows the appeal, exercise any of the following powers—
(i) quash the decision, direction or order (as the case may be) in whole or in part, and (if appropriate) remit the matter to the Commission,
(ii) substitute for all or part of the decision, direction or order (as the case may be) such other decision, direction or order as could have been made or given by the Commission,
(iii) give such direction to the Commission as it shall consider appropriate,
(iv) substitute for all or part of any direction or order any other direction or order which could have been made by the Commission, and
(v) add to the decision, direction, or order (as the case may be) anything which could have been contained in the original decision, direction or order.’.
Before we proceed, I have another little note on procedure. If the hon. Gentleman wishes to move any other amendments than the lead one, he will need to give me advance notice so that I would be able to say no courteously. If the hon. Gentleman leading for the Opposition had wished to move amendment No. 19, he, in turn, would need to give notice, but it would not be called now. It would be called formally when the schedule to the Bill to which it refers is reached much later in the proceedings. He would still need to give notice to the Chair of his intention now. I hope that is clear. We will now discuss amendment No. 85.