IE
S.I. No. 209/2018 - Charity Appeals Tribunal Rules 2018
Table of Provisions (17)
Statutory Text (17 Articles)
1. Your details
Name of appellant
..............
Address
..............
..............
..............
..............
Telephone number
..............
Mobile number
..............
Email address
..............
2. Representative details
Do you have a representative? Yes ........... No ...........
If yes, please provide your representative’s details below.
Please note
Your representative’s address will be taken to be an address for service furnished by you under s. 9 of the
Charities Act 2009
, unless you specifically notify us that you do not consent to this. Accordingly, all correspondence including the hearing notification may be sent to your representative, not directly to you. If your representative stops acting for you, please notify the Tribunal immediately.
Name of representative
..............
Firm/organisation
..............
Address
..............
..............
..............
..............
Telephone
..............
Mobile number
..............
E-mail address
..............
Reference number(if any)
..............
3. Person registered under
section 39
of the
Charities Act 2009
(in the case of an appeal by the Minister)
In every appeal other than one taken by the Minister for Rural and Community Development, the Respondent shall be the Charities Regulatory Authority and there is no need to give details below for the Respondent.
When an appeal is taken by the Minister, the Respondents shall be the Charities Regulatory Authority and the person registered under
section 39
of the
Charities Act 2009
. That person’s details must be provided below by or on behalf of the Minister
Name of person
..............
Address
..............
..............
..............
..............
Telephone number
..............
Mobile number
..............
Email address
..............
Does the person registered have a representative? Yes ........... No ...........
If yes, please provide that representative’s details below.
Name of representative
..............
Firm/organisation
..............
Address
..............
..............
..............
..............
Telephone
..............
Mobile number
..............
E-mail address
..............
Reference number(if any)
..............
4. The decision sought to be appealed
The decision reference number: .......................................
Type of decision you wish to appeal (please tick as appropriate)
Refusal of application under section 39 of the Act
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.
Decision under section 43 of the Act
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.
Notice under section 44 of the Act
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.
Decision under Section 42(3)
The Tribunal may make a determination
(a) requiring the Authority to consent to the name change, or
(b) affirming the decision of the Authority.
Decision to register under section 39
*
The Tribunal may make a determination
(a) granting the relief sought by the Minister, or
(b) affirming the decision of the Authority.
* Note that only the Minister for Rural and Community Development may appeal a decision to register a person under section 39.
Date of the decision you are appealing against: ..............
Date you received the decision you are appealing against: ...............
Please attach a copy of the decision to this form.
5. Time limit for making an appeal/application
An appellant (other than the Minister for Rural and Community Development) is required to lodge an appeal with the Tribunal within 21 days of service of the decision on the appellant. In the case of an appeal by the Minister under
section 45
(4) of the
Charities Act 2009
, the appeal shall be initiated within 21 days of the decision of the Authority.
The Tribunal may accept an appeal form outside the time limit for good and sufficient reason. For the Tribunal to do this you must request an extension of time and provide good and sufficient reason. An explanation for the delay and any other relevant information should be provided. The Tribunal will then consider whether to grant you the extension of time requested.
Do you require an extension of time? (Please tick as appropriate)
Yes, I would like the Tribunal to consider an out-of-time appeal: .....................
No, an out-of-time appeal is not requested: ..................
Please give reasons that you would like the Tribunal to take into account when considering your request for an out-of-time appeal
..........................................
6. Grounds of appeal
Please give your grounds of appeal
Your grounds should explain why you think the decision you are appealing is wrong. You should identify the specific findings with which you disagree and explain why. If required, please use extra sheets of paper.
..............................................................................................................................................................................................................................................................................................................................................................................................................................................................................
7. Outcome of appeal
Please indicate the preferred outcome of your appeal
................................................................................................................
8. The venue
The Tribunal makes its decision after an oral hearing or hearings.
The hearings will take place in a hearing room located at O’Connell Bridge House, Dublin 2, or at such other venue as will be notified to you. Parties will be informed in writing of the hearing date.
9. Supporting documents
Please list any documents that you wish the Tribunal to consider in support of your appeal.
........................................................
You may use an extra sheet of paper if required.
Please attach these documents and confirm that they have been attached.
Documents attached: Yes ........... No ...........
10. Any special requirements
Please state if you, your representative, or any witnesses have a disability or other special needs that you need to bring to the attention of the Tribunal in order to help you at your hearing. Please also state if an interpreter is required and if so, please state the language (and if necessary, dialect) needed.
Signature of person appealing or their representative: ..............
Date: ..............
Please return the completed form together with a copy of the decision sought to be appealed and any relevant supporting documentation to
catsecretariat@drcd.gov.ie
Or by post to the following address
Charity Appeals Tribunal Secretariat
Trinity Point
10/11 Leinster Street South
Dublin 2
D02EF85
Please note
You should also submit a copy of the appeal form to the Charities Regulator within seven days of submitting the appeal form to the Tribunal.
If you have any queries, the Tribunal Secretariat may be contacted on: 076 100 6921
The Minister for Rural and Community Development consents to the making of the foregoing Rules.
GIVEN under the Official Seal of the Minister for Rural and Community Development,
19 June 2018.
MICHAEL RING,
Minister for Rural and Community Development.
The Charity Appeals Tribunal, constituted pursuant to the provisions of
Section 75
of the
Charities Act 2009
, in exercise of the power conferred on it by
Section 79
of the
Charities Act 2009
, with the consent of the Minister for Rural and Community Development hereby makes the foregoing Rules.
19 June 2018.
PATRICK O’CONNOR,
(Chairperson).
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal
interpretation.)
These rules, which come into effect on 4th day of July 2018, provide general rules of procedure for the Charity Appeals Tribunal in accordance with
Section 79
of the
Charities Act 2009
.
11. (1) Under section 78(1) of the Act of 2009, proceedings before the Tribunal shall, subject to subsection 78(2) of the Act of 2009, be conducted in public.
(2) The Tribunal may, on the application of a party to an appeal or of its own motion, make an order section 78 of the Act of 2009 directing that the identities of all or one or more of the parties to an appeal shall not be disclosed.
(3) An order under paragraph (2) shall be made only where the Tribunal consider that in the particular circumstances of a case it is appropriate to do so.
Preliminary ruling
12. The Tribunal may, in its discretion, give a preliminary ruling on any aspect of the appeal where it is satisfied that time or expense may be saved by the giving of such a ruling or where it considers it otherwise in the interests of justice to do so.
Determination of tribunal
13. (1) The determination of the Tribunal of an appeal will be a single decision in writing and the existence of dissenting views among the Tribunal’s members will not be disclosed.
(2) The Tribunal shall give reasons for its determination of an appeal.
(3) The determination and the reasons therefor shall be communicated to the parties to the appeal as soon as is practicable after the completion of the relevant hearing or hearings.
Corrections
14. (1) The Tribunal may correct any error or omission in any decision made by it.
(2) A correction made under paragraph (1) shall be notified to the parties to the appeal in question or their legal representatives (if any).
Permission to appeal to the High Court
15. (1) A request to the Tribunal for permission to appeal a decision of the Tribunal to the High Court on a point of law, under section 80 of the Act of 2009, may be made within 14 days of the date on which the Tribunal sent notification of the decision to the applicant for permission—
(
a
) by any party to the appeal (in these Rules referred to as “the applicant”), and
(
b
) by way of a written request delivered to the Tribunal and to the other party to the appeal (in these Rules referred to as the “respondent”).
(2) A written request under paragraph (1) must be signed by or on behalf of the applicant and must—
(
a
) state the name and address of the applicant and any representative of the applicant;
(
b
) identify the decision of the Tribunal to which the request relates; and
(
c
) state the point of law on which the applicant wishes to appeal the decision.
(3) The respondent may, within 14 days of receipt of the written request under paragraph (1), furnish the Tribunal with a written response to the request.
(4) The absence of a response from a respondent shall not be relied on by the Tribunal as a reason to grant permission to the applicant to appeal to the High Court.
Decision on permission to appeal
16. (1) The request for permission to appeal to the High Court shall be decided on the papers and documents presented before the Tribunal by the parties to the appeal.
(2) The decision of the Tribunal on a request for permission to appeal to the High Court and the reasons for the decision shall be recorded in writing and notified to the applicant and respondent.
(3) If the Tribunal refuses permission, the notification under paragraph (2) shall inform the applicant of his or her right to seek permission to appeal the decision, which is the subject of the request for permission to appeal, from the High Court under section 80(2)(
b
) of the Act of 2009.
SCHEDULE 1
Appeal form to the Charity Appeals Tribunal
This form is for making an appeal to the Charity Appeals Tribunal.
Please type or word process this form or complete it legibly using black ink and CAPITAL LETTERS. You may use extra sheets of paper but please add your name to the top of each extra page.
Please note: A non-refundable administration fee of €100 must be paid no later than 14 days from the date of submission of an appeal to the Tribunal, otherwise the appeal may be dismissed. For further information, please see www.drcd.gov.ie/charityappealstribunal
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of
22
nd June
, 2018.
The Charity Appeals Tribunal, in exercise of the powers conferred on the said Tribunal by
section 79
of the
Charities Act 2009
(No. 6 of 2009) with the consent of the Minister for Rural and Community Development, hereby make the following Rules—
Citation and commencement