Charities
(Appeals – Reasons and Time Limits) (Jersey) Order 2020
1 Interpretation
(1) In
this Order –
“Law” means the Charities (Jersey) Law 2014;
“notice” means a notice in
writing.
(2) Nothing
in the definition “notice” limits the application to this Order of the Electronic
Communications (Jersey) Law 2000.
2 Refusal of registration
(1) This
Article applies to a decision of the Commissioner in relation to an applicant
for registration –
(a) to refuse to register the
applicant; or
(b) to refuse to register the
applicant in the restricted section of the register.
(2) The
Commissioner must serve a notice on the applicant stating –
(a) the decision;
(b) the reasons for the
decision; and
(c) the last day on which an
appeal may be brought.
(3) The
time limit for an appeal is 28 days from the date on which the Commissioner
serves the notice.
(4) In
this Article a reference to an appeal is to an appeal, under Article 33(1)
of the Law, against the decision.
3 Decisions against registered charity
(1) This
Article applies to a decision of the Commissioner in relation to a registered
charity –
(a) to deregister the charity;
(b) to refuse permission,
under Article 12(4) of the Law, for the charity to change its registered
name or add an alternative registered name;
(c) to require the charity,
under Article 12(6) of the Law, to apply to change its registered name;
(d) to refuse approval, under
Article 13(3) of the Law, of a proposed amendment of the charity’s
purposes to add or substitute a different charitable purpose; or
(e) to refuse to approve an
amendment, proposed under Article 13(4)(b) of the Law, to the charity’s registered public benefit statement.
(2) The
Commissioner must serve a notice on the registered charity stating –
(a) the decision;
(b) the reasons for the decision;
and
(c) the last day on which an
appeal may be brought.
(3) The
time limit for an appeal is 28 days from the date on which the
Commissioner serves the notice.
(4) In
this Article a reference to an appeal is to an appeal, under Article 33(2)
of the Law, against the decision.
4 Notice requiring information and required steps notice
(1) This
Article applies to a decision of the Commissioner to impose on a person a
requirement contained in –
(a) a notice under Article 26 of the Law; or
(b) a required steps notice.
(2) The
Commissioner must state in the notice –
(a) the reasons for the
decision; and
(b) the last day on which an
appeal may be brought.
(3) The
time limit for an appeal is 28 days from the date on which the
Commissioner serves the notice.
(4) In
this Article a reference to an appeal is to an appeal, under Article 33(3)
of the Law, against the decision.
5 Time limit for third party appeal
The time limit for an
appeal under Article 33(5) of the Law, against a decision of the
Commissioner to register a charity, is 56 days from the date entered on
the register as the date on which the charity was registered.
6 Attorney General
Nothing in any of
Articles 2 to 5 is to be construed as limiting the right of the Attorney
General to appeal under Article 33(4) of the Law.
7 Extension of time limits
The tribunal
may entertain an appeal despite the expiry of the time limit in Article 2,
3, 4 or 5 if the tribunal considers that it is in the interests of justice to
do so.
8 Transitional provision for third party appeals
(1) Despite
Article 5, an appeal described in that Article is to be treated as brought in
time if –
(a) it is brought within 56 days
from the commencement of this Order; and
(b) the date entered on the
register as the date on which the charity was registered was before the
commencement of this Order.
(2) This
Article ceases to have effect 57 days after the commencement of this
Order.
9 Citation and commencement
This Order may be cited
as the Charities (Appeals – Reasons and Time Limits) (Jersey) Order 2020 and
comes into force 7 days after it is made.