Charities Act 2009

45.

Appeal to Tribunal against decision of Authority.

45.— (1) A person whose application under section 39 is refused by the Authority may appeal the refusal to the Tribunal, not later than 21 days, or such longer period as the Tribunal may, for good and sufficient reason, determine, after service on the person of a notification in writing of the refusal by the Authority.

(2) A person who has been removed from the register in accordance with section 43 (other than subsections (7) and (9)) may appeal the decision to remove the person from the register, not later than 21 days, or such longer period as the Tribunal may for good and sufficient reason determine, after service on the person of a notification in writing of the decision by the Authority.

(3) A body that, in accordance with section 44 (other than subsections (8) and (10)), is no longer deemed to be registered may appeal the notice referred to in that subsection, not later than 21 days, or such longer period as the Tribunal may for good and sufficient reason determine, after service on the person of the notice.

(4) The Minister may appeal a decision of the Authority to register a person under section 39 , not later than 21 days, or such longer period as the Tribunal may, for good and sufficient reason, determine after the person is so registered.

(5) Upon an appeal under subsection (1), the Tribunal may make a determination—

( a) requiring the Authority to register the appellant in the register, or

( b) affirming the decision of the Authority.

(6) Upon an appeal under subsection (2), the Tribunal may make a determination—

( a) requiring the Authority to restore the appellant to the register,

( b) requiring the Authority to restore the appellant to the register and impose such conditions on the appellant as the Tribunal may specify, or

( c) affirming the decision of the Authority.

(7) Upon an appeal under subsection (3), the Tribunal may—

( a) revoke the notice under section 44 ,

( b) revoke the notice under section 44 and impose such conditions on the appellant as the Tribunal may specify, or

( c) affirm the decision of the Authority.

(8) Upon an appeal under subsection (4), the Tribunal may make a determination—

( a) granting the relief sought by the Minister, or

( b) affirming the decision of the Authority.

(9) The Authority shall comply with a determination of the Tribunal under this section.