New appeal rights
Click on the question below to be brought to the answer:
- What are the new appeal rights and who can use them?
- How do I appeal a decision under the Act?
- How much does it cost to lodge an appeal?
- Can I have a decision reviewed without appealing to the Charity Tribunal?
- What decisions can be reviewed by the Commission?
- Who can apply for a decision review?
- What decisions don’t have new appeal rights?
- I received an order from the Commission before May 2019 removing me as a charity trustee which I have not appealed. Can I appeal this decision when the Act receives Royal Assent?
What are the new appeal rights and who can use them?
The Act will reinstate many decisions made by Commission staff prior to the end of May 2019. Any decision which had appeal rights under the Charities Act (Northern Ireland) 2008 and has been reinstated under the new Act, will now have fresh appeal rights for the charities affected and, in some cases, other people affected by them.
However, there is a strict timeline of 91 days from the date the legislation received Royal Assent (30 March 2022) for individuals and charities to submit an appeal against the decision, which affected them.
The following decisions made, prior to the end of May 2019, will be reinstated and fresh appeal rights will apply.
|
Section of the Act |
Type of decision |
|
Section 16 |
Registration decisions. |
|
Sections 96, 98, 99 |
Consents provided to charitable companies. |
|
Section 31 |
Administrative schemes. |
|
Section 46 |
Authorise dealings with charity property (Decision by Commission not to make an order is appealable). |
|
Section 166 |
Religious Designation. |
|
Section 123 - 130 |
Unincorporated powers. |
|
Section 65 |
Order to provide an audit. |
|
Section 66 |
Order to make good on default. |
Decisions which may be considered by the Tribunal, and who can apply, are listed in Schedule 3 of the Charities Act (Northern Ireland) 2008.
How do I appeal a decision under the Act?
An appeal can be lodged with the Charity Tribunal and/or you can ask the Commission to review its original decision.
Appealing to the Charity Tribunal.
To lodge an appeal with the Tribunal you should write to the Tribunal to ask for appeal forms. You should also enclose a copy of the Commission’s decision which you want to appeal. You should also refer to the appropriate legislation. You are strongly advised to contact the Tribunal directly at:
Charity Tribunal
Tribunals Hearing Centre
2nd Floor, Royal Courts of Justice
Chichester Street
Belfast
BT1 3JF
Tel: 0300 0200 7812
Email: tribunalsunit@courtsni.gov.uk
How much does it cost to lodge an appeal?
It is free to make an application to the Charity Tribunal, however if you decide to take professional legal advice to help with your application your adviser’s costs will not necessarily be met from charity funds.
Can I have a decision reviewed without appealing to the Charity Tribunal?
Decision review is a service offered by the Commission which will allow people who have received a decision from us, or who are affected by a decision we have given, to ask us to look at our decision again. For more information see the Decision review page of the Commission’s website.
What decisions can be reviewed by the Commission?
We will accept applications for a decision review if the section of the Charities Act (Northern Ireland) 2008 we have used to make the decision is also one which can be appealed to the Charity Tribunal. Schedule 3 to the Charities Act (Northern Ireland) 2008 lists those sections where the decision can be appealed to the Tribunal. If you can appeal the decision to the Charity Tribunal, you can apply to us for a review of our decision. For more information see the Decision review page of the Commission’s website.
Who can apply for a decision review?
We will accept applications for a decision review from the same group of people who can appeal our decisions to the Charity Tribunal. The list of who can appeal to the Charity Tribunal can be found in Schedule 3 to the Charities Act (Northern Ireland) 2008. People who can appeal include charity trustees, or anyone who is affected by the decision. If you can appeal to the Charity Tribunal, you can apply to us for a review of our decision. For more information see the Decision review page of the Commission’s website.
What decisions don’t have new appeal rights?
There are decisions which are not impacted by the Act. Charities and individuals who are affected by these decisions do not qualify for refreshed appeal rights.
The following decisions, made prior to the end of May 2019, are not affected by the new Act and will remain unlawful.
|
Section of the Act |
Type of decision |
|
Section 22(3) |
direction to provide documents |
|
Section 22(4) |
administering an oath, or requiring the making and subscription of a declaration of truth |
|
Section 22(6) |
the publication of a statutory inquiry report |
|
Section s23(1) |
order to provide information and documentation |
|
Section 24(1) |
disclosure of information |
|
Section 33 |
order to suspend trustee, charity trustee. officer, agent or employee, order not to part with property, order restricting transactions, order appointing an interim manager, order to remove a trustee, charity trustee. officer, agent or employee, order appointing additional trustees. |
|
section 34 (3) |
order terminating the membership of a charity of a person who has been removed by order from office or employment under section 33, and prohibiting that person from resuming membership of the charity without the Commission’s consent. |
|
section 36 |
order to take specific action |
If you are affected by these decisions you will, of course, retain the appeal rights provided within the Charities Act (Northern Ireland) 2008. Under this an appeal must be brought within 42 days from when the decision was sent to you (if applicable) or published. As the time limit for bringing such appeals will have expired, an extension of the time limit must be granted by the Charity Tribunal, before such an appeal can be brought.
Under the Act these individuals/charities will have 91 days from when Royal Assent was received (30 March 2022).
I received an order from the Commission before May 2019 removing me as a charity trustee which I have not appealed. Can I appeal this decision when the Act receives Royal Assent?
No, certain decisions made before May 2019 under the Charities Act (Northern Ireland) 2008, such as to remove a charity trustee, are not impacted by the Act.
This is to ensure that individuals’ rights under the European Convention on Human Rights are protected. Such decisions will therefore remain unlawful and the charities and individuals who are affected by these decisions, do not qualify for refreshed appeal rights. See the information about decisions which are not being reinstated by the Act.