Office of Public Sector Information
Section 6
1 In this Schedule—
“commencement” means the coming into force of section 6, and
“the Commission” means the Charity Commission.
2 (1) The person who immediately before commencement was the Chief Charity Commissioner for England and Wales is on commencement to become the chairman of the Commission as if duly appointed under paragraph 1 of Schedule 1A to the 1993 Act.
(2) Any other person who immediately before commencement was a Charity Commissioner for England and Wales is on commencement to become a member of the Commission as if duly appointed under that paragraph.
(3) While a person holds office as a member of the Commission by virtue of this paragraph he shall—
(a) continue to be deemed to be employed in the civil service of the Crown, and
(b) hold that office on the terms on which he held office as a Charity Commissioner for England and Wales immediately before commencement.
(4) Sub-paragraph (3)(b) is subject to—
(a) sub-paragraph (5),
(b) paragraph 3(4) and (5) of Schedule 1A to the 1993 Act, and
(c) any necessary modifications to the terms in question.
(5) No person may hold office as a member of the Commission by virtue of this paragraph for a term exceeding three years from commencement.
(6) Paragraphs 2 and 3(1) to (3) of Schedule 1A to the 1993 Act, and paragraphs 2 and 3 of Schedule 1 to this Act, shall not apply in relation to a person while he holds office as a member of the Commission by virtue of this paragraph.
3 (1) Anything which—
(a) has been done (or has effect as if done) by or in relation to the Commissioners, and
(b) is in effect immediately before commencement,
is to be treated as if done by or in relation to the Commission.
(2) Anything (including legal proceedings) which—
(a) relates to anything transferred by section 6(4), and
(b) is in the process of being done by or in relation to the Commissioners,
may be continued by or in relation to the Commission.
(3) But nothing in section 6 or this paragraph affects the validity of anything done by or in relation to the Commissioners.
(4) In this paragraph “the Commissioners” means the Charity Commissioners for England and Wales (and includes any person acting for them by virtue of paragraph 3(3) of Schedule 1 to the 1993 Act).
4 (1) This paragraph applies if there is a period of one or more days which—
(a) began on the day after the end of the last year for which the Charity Commissioners for England and Wales made a report under section 1(5) of the 1993 Act, and
(b) ended on the day before commencement.
(2) The first report published by the Commission under paragraph 11 of Schedule 1A to the 1993 Act shall also be a report on the operations of the Charity Commissioners for England and Wales during the period mentioned in sub-paragraph (1).
5 (1) The new Commission and the old Commission shall be treated as being the same government department for the purposes of section 5 of the Government Resources and Accounts Act 2000 (c. 20).
(2) Resource accounts sent to the Comptroller and Auditor General by the new Commission in respect of any period before commencement shall be resource accounts in the name of the new Commission.
(3) In this paragraph—
“the new Commission” means the Charity Commission established by section 6, and
“the old Commission” means the government department known as the Charity Commission and existing immediately before commencement.
Section 8
1 After Schedule 1A to the 1993 Act (inserted by Schedule 1 to this Act) insert—
Section 2A(3)
1 (1) The Tribunal shall consist of the President and its other members.
(2) The Lord Chancellor shall appoint—
(a) a President of the Tribunal,
(b) legal members of the Tribunal, and
(c) ordinary members of the Tribunal.
(3) A person may be appointed as the President or a legal member of the Tribunal only if he has a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990.
(4) A person may be appointed as an ordinary member of the Tribunal only if he appears to the Lord Chancellor to have appropriate knowledge or experience relating to charities.
2 (1) The Lord Chancellor may appoint a legal member as deputy President of the Tribunal.
(2) The deputy President—
(a) may act for the President when he is unable to act or unavailable, and
(b) shall perform such other functions as the President may delegate or assign to him.
3 (1) The members of the Tribunal shall hold and vacate office as such in accordance with the terms of their respective appointments.
(2) A person holding office as a member of the Tribunal—
(a) may resign that office by giving notice in writing to the Lord Chancellor, and
(b) may be removed from office by the Lord Chancellor on the ground of incapacity or misbehaviour.
(3) A previous appointment of a person as a member of the Tribunal does not affect his eligibility for re-appointment as a member of the Tribunal.
4 (1) A person shall not hold office as a member of the Tribunal after reaching the age of 70.
(2) Section 26(5) and (6) of the Judicial Pensions and Retirement Act 1993 (extension to age 75) apply in relation to a member of the Tribunal as they apply in relation to a holder of a relevant office.
5 (1) The Lord Chancellor may pay to the members of the Tribunal such remuneration, and such other allowances, as he may determine.
(2) The Lord Chancellor may—
(a) pay such pension, allowances or gratuities as he may determine to or in respect of a person who is or has been a member of the Tribunal, or
(b) make such payments as he may determine towards provision for the payment of a pension, allowances or gratuities to or in respect of such a person.
(3) If the Lord Chancellor determines that there are special circumstances which make it right for a person ceasing to hold office as a member of the Tribunal to receive compensation, the Lord Chancellor may pay to him a sum by way of compensation of such amount as may be determined by the Lord Chancellor.
6 The Lord Chancellor may make staff and facilities available to the Tribunal.
7 (1) The functions of the Tribunal shall be exercised by panels of the Tribunal.
(2) Panels of the Tribunal shall sit at such times and in such places as the President may direct.
(3) Before giving a direction under sub-paragraph (2) above the President shall consult the Lord Chancellor.
(4) More than one panel may sit at a time.
8 (1) The President shall make arrangements for determining which of the members of the Tribunal are to constitute a panel of the Tribunal in relation to the exercise of any function.
(2) Those arrangements shall, in particular, ensure that each panel is constituted in one of the following ways—
(a) as the President sitting alone,
(b) as a legal member sitting alone,
(c) as the President sitting with two other members,
(d) as a legal member sitting with two other members,
(e) as the President sitting with one other member,
(f) as a legal member sitting with one other member,
(and references in paragraphs (d) and (f) to other members do not include the President).
(3) The President shall publish arrangements made under this paragraph.
9 (1) Decisions of the Tribunal may be taken by majority vote.
(2) In the case of a panel constituted in accordance with paragraph 8(2)(e), the President shall have a casting vote.
(3) In the case of a panel constituted in accordance with paragraph 8(2)(f) which consists of a legal member and an ordinary member, the legal member shall have a casting vote.
(4) The President shall make and publish arrangements as to who is to have a casting vote in the case of a panel constituted in accordance with paragraph 8(2)(f) which consists of two legal members.
10 The President may, subject to rules under section 2B of this Act, give directions about the practice and procedure of the Tribunal.”
2 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) insert at the appropriate place—
“The Charity Tribunal.”
3 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) insert at the appropriate place—
“The Charity Tribunal.”
4 In Schedule 11 to the Courts and Legal Services Act 1990 (judges etc. barred from legal practice) insert at the end—
“President or other member of the Charity Tribunal”.
5 In Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under general supervision of Council) before paragraph 7 insert—
| “Charities | 6A. The Charity Tribunal constituted under section 2A of, and Schedule 1B to, the Charities Act 1993.” |
Charities Act 2006