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Charities (Appeals – Reasons and Time Limits) (Jersey) Order 2020

Made                                                                                                         23rd July 2020

Coming into force                                                                                 30th July 2020

THE MINISTER FOR EXTERNAL RELATIONS makes this Order under Articles 11, 36, 38 and 39 of the Charities (Jersey) Law 2014[1] –

1        Interpretation

(1)     In this Order –

“Law” means the Charities (Jersey) Law 2014[2];

“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[3].

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.

SENATOR I.J. GORST

Minister for External Relations




[1]                                     chapter 15.070

[2]                                     chapter 15.070

[3]                                     chapter 04.280


Page Last Updated: 24 Jul 2020