The Charity Tribunal Rules 2008
| Jurisdiction | UK Non-devolved |
| Citation | SI 2008/221 |
2008 No. 221
Tribunals and inquiries
The Charity Tribunal Rules 2008
Made 4th February 2008
Laid before Parliament 5th February 2008
Coming into force 27th February 2008
The Lord Chancellor makes the following Rules in exercise of the powers conferred on him by section 2B of the Charities Act 19931, and after consultation with the Administrative Justice and Tribunals Council in accordance with section 8 of the Tribunals and Inquiries Act 19922.
PART 1
Introduction
Citation and commencement
1. These Rules may be cited as the Charity Tribunal Rules 2008 and shall come into force on 27th February 2008.
Interpretation
2.—(1) A reference in these Rules to a rule by number alone means the rule so numbered in these Rules.
(2) In these Rules, unless the context requires otherwise—
“the 1993 Act” means the Charities Act 19933;
“the 2006 Act” means the Charities Act 20064;
“appeal” means an appeal to the Tribunal under the 1993 or 2006 Act or, where appropriate, an appeal to the High Court from the Tribunal’s decision under section 2C of the 1993 Act;
“appeal notice” means an appeal or application filed under rule 17(1) (appeal notice);
“appellant” means a person who makes an appeal or an application to the Tribunal;
“appellant’s reply” means a reply filed by an appellant under rule 19 (appellant’s reply);
“applicant” means a party (as defined in these Rules) who seeks permission to bring an appeal to the High Court against a decision of the Tribunal under section 2C of the 1993 Act;
“application” means an application to the Tribunal for the review of a reviewable matter in accordance with paragraphs 3 and 4 of Schedule 1C to the 1993 Act;
“Commission” means the Charity Commission under section 1A of the 1993 Act;
“Commission’s final decision” means the definitive decision of the Commission that is the subject matter of the appeal or application;
“direction” includes any direction or order given or made by the Tribunal;
“document” means anything in which information is recorded in any form, and an obligation under these Rules to provide or allow access to a document or a copy of a document for any purpose means, unless the Tribunal directs otherwise, an obligation to provide or allow access to such documents or copy in a legible form or in a form which can be readily made into a legible form;
“file” means send to the Tribunal;
“legal representative” means an authorised advocate or authorised litigator as defined by section 119(1) of the Courts and Legal Services Act 19905;
“party” means an appellant (including the Attorney General when the Attorney General makes an appeal or application to the Tribunal) or the Commission and “other party” shall be construed accordingly;
“reference” means the referral by the Commission or the Attorney General of a question for the determination of the Tribunal in accordance with paragraphs 1 and 2 of Schedule 1D to the 1993 Act;
“reference notice” means a reference filed under rule 38(2) (notice of reference);
“referrer” means the person making a reference to the Tribunal, being either the Commission or the Attorney General;
“register” means the register kept by the Tribunal under rule 31(2);
“representations” means written representations or with the consent of the Tribunal, or at the Tribunal’s request, oral representations;
“respondent” means a person, not being the referrer or a witness, who takes part in reference proceedings (including, when not being the referrer, the Attorney General or the Commission);
“respondent’s notice” means a notice filed in accordance with rule 39(2) (respondent’s notice);
“response” means the document filed by the Commission under rule 18 (Commission’s response) in response to the appeal notice;
“response document” means—
(i) in relation to the Commission, the Commission’s response; and
(ii) in relation to an appellant, the appellant’s reply;
“supplementary statement” means a statement that is supplementary to a response document and filed in accordance with a direction given by the Tribunal;
“Charity Tribunal” means the Charity Tribunal established under section 2A(1) of the 1993 Act;
“working day” means any day except for Saturday, Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 19716.
(3) Unless the context requires otherwise, and without prejudice to any provision of these Rules relating to who is authorised to act as a party’s representative, anything permitted or required by these Rules to be done by a party may be done by the representative of that party.
PART 2
General matters in appeals and applications
Directions
3.—(1) The Tribunal may at any time give directions to—
(a)
(a) enable the parties to prepare for the hearing of the appeal or the application;
(b)
(b) assist the Tribunal to determine the issues; and
(c)
(c) ensure the just, expeditious and economical determination of the appeal or the application.
(2) The Tribunal may give directions—
(a)
(a) at the request of any party; or
(b)
(b) of its own initiative.
(3) Where the Tribunal gives a direction of its own initiative, it may (but need not) give prior notice to the parties of its intention to do so.
(4) Any request for directions must include the reasons for making that request.
(5) A request for directions must be filed except where it is made during the course of a hearing.
(6) The party making the request must at the same time send a copy of that request to any other party except where—
(a)
(a) the request is accompanied by the written consent of all the parties;
(b)
(b) the request is made during a hearing; or
(c)
(c) the request is made under rule 15(2) (exceptions to disclosure).
(7) Where the Tribunal instructs that an oral hearing is to be held to consider a request under this rule, the Tribunal must give the parties not less than 14 days notice of the hearing unless the parties consent to shorter notice.
(8) Directions may be given in writing or orally at a hearing.
(9) When a direction is given orally at a hearing the Tribunal must send a copy of the direction to any party as soon as may be practicable after the direction has been announced by the Tribunal.
(10) When a direction is given under these Rules containing a requirement—
(a)
(a) it must include a statement of the possible consequences, as set out in rule 6 (failure to comply), of a party’s failure to comply with the requirement; and
(b)
(b) it may specify a time limit for complying with the requirement.
(11) When a direction is given under these Rules which affects a party or a witness, that party or witness may apply to the Tribunal showing good cause why the direction should be varied or set aside.
(12) The Tribunal may, of the Tribunal’s own initiative, vary or set aside any direction given under these Rules.
(13) The Tribunal must not vary or set aside a direction without first giving the party who requested the direction an opportunity to oppose that action.
Application for permission to make a late appeal or application
4. Where an appellant has made a request under rule 17(9) (appeal notice) to the Tribunal for a direction under rule 3 (directions) to allow an appeal or application to be made after the time limit for doing so has expired, the Tribunal must consider—
(a) what steps (if any) the Commission has taken to notify or publicise the Commission’s final decision;
(b) when the appellant became aware of the Commission’s final decision; and
(c) when the appellant became aware of the right to make the appeal or application and of the time limit for making the appeal or application.
Powers of Tribunal to strike out etc.
5.—(1) The Tribunal may regulate its own procedure and may, if the Tribunal thinks fit order any appeal notice, response, response document, supplementary statement or representation to be struck out at any stage of the proceedings on the ground that it—
(a)
(a) discloses no reasonable grounds for bringing or defending an appeal or an application;
(b)
(b) is an abuse of the Tribunal’s process; or
(c)
(c) is likely to obstruct the just disposal of proceedings.
(2) Before making any order under paragraph (1), the Tribunal must provide an opportunity for the party against whom it is proposed that the order should be made, to make representations against the making of the order.
Failure to comply
6.—(1) The Tribunal may take any one or more of the steps in paragraph (2) in respect of a party, where that party has, without reasonable excuse, failed to comply—
(a)
(a) with a direction given under these Rules; or
(b)
(b) with a provision of these Rules.
(2) The steps referred to in paragraph (1) are—
(a)
(a) where that party is an appellant, dismiss the whole or part of that appellant’s appeal or application;
(b)
(b) where that party is the Commission, strike out the whole or part of the response and, where appropriate, direct that the Commission be disqualified from participating in the appeal or application altogether.
(3) The Tribunal must not take any of the steps under this rule in respect of a party unless it has given that party an opportunity to make representations against the taking of any such steps.
Irregularities
7.—(1) Any irregularity that arises before the Tribunal has reached its decision, resulting from failure to comply with any provision of these Rules or of any direction of the Tribunal, will not of itself render the proceedings void.
(2) When any such irregularity comes to the attention of the Tribunal, the Tribunal may, and must if it considers that any person may have been prejudiced by the irregularity, give such directions as it thinks just to cure or waive the irregularity.
(3) Mistakes in any document recording a direction or decision,...
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