Schedule 4
Charities Bill [Lords]
3:45 pm
Amendment proposed: 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 take 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.’.—[Mr. Turner.]