(Tribunal – Restricted Section of Register) (Jersey) Regulations
THE STATES, in pursuance of Article 39
of, and paragraph 4(3) of Schedule 2 to, the Charities (Jersey)
Law 2014, have made the following
Commencement [see endnotes]
1 Appeal relating to registration in
(1) This Regulation applies
to an appeal, under Article 33 of the Charities (Jersey) Law 2014 (the “Law”), if
a relevant entity –
the appeal; or
the subject of the appeal.
(2) For the purpose of this
relevant entity is –
entity that is applying for registration as a charity, and has requested, under
Article 9(2) of the Law, entry in the restricted section of the register,
charity entered in the restricted section of the register; and
relevant entity is the subject of an appeal if –
appeal is under Article 33(3) of the Law, by a governor of the relevant
entity acting in that capacity,
appeal is under Article 33(4) of the Law against a decision that relates
to the relevant entity, or
appeal is under Article 33(5) of the Law against a decision to register
the relevant entity.
(3) If the tribunal holds a
hearing on the appeal, it must not do so in public.
(4) The tribunal must
otherwise conduct the appeal in such a manner as the tribunal considers
reasonably likely to secure that no information about the relevant entity will
be disclosed, subject to paragraph (5), as a result of the appeal.
(5) Paragraph (4) does
not apply –
(a) to a
disclosure by or with the consent of the relevant entity;
(b) to a
disclosure to the relevant entity, the Commissioner, the tribunal, or any
person acting on behalf of any of those persons;
(c) to a
disclosure by the tribunal, after giving the relevant entity an opportunity to
make submissions, of information that does not enable the public to identify, directly
or indirectly, the relevant entity or any related person;
the relevant entity is a registered charity, to a disclosure of information
that is registered in the public elements of the restricted section of the
(e) to a
disclosure of information that falls within either or both of sub-paragraphs (b)
and (c) of Article 29(2) of the Law; or
a disclosure under Article 30 or 31 of the Law.
(6) For the purpose of
paragraph (5)(c) a related person, in relation to a relevant entity,
governor of the relevant entity;
person having a connection, prescribed under Article 13(9)(a) of the Law,
with a governor of the relevant entity;
person who has made a donation to the relevant entity;
other person who, in the opinion of the tribunal, has a connection to the relevant
entity that is of such a nature as to justify an expectation that that
person’s identity will not be made public.
These Regulations may be cited as the Charities (Tribunal – Restricted Section of Register)
(Jersey) Regulations 2018.