Tuesday, 25 March 2008

Charity Tribunal opens its doors

The independent appeal body for the not-for-profit sector is now in operation.

The Government promises that the Charity Tribunal will improve access to justice for charities, and is introduced as part of the Charities Act 2006. Until now, charities could only challenge legal decisions made by the Charity Commission by going to the High Court – a costly and time-consuming process for most organisations.
'The Charity Tribunal is an historic development that will begin a new era of justice for charities,’ says Minister for the Third Sector Phil Hope. ‘It will create an affordable recourse for charities to challenge legal decisions of the Charity Commission and will strengthen the legal framework for charities by building case law which has been seriously lacking.’
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‘The introduction of the Charity Tribunal is an important milestone for the third sector,’ adds Dame Suzi Leather, Chair of the Charity Commission. ‘It means that charities and other people affected by decisions we make can have confidence that they will get an independent hearing at the Charity Tribunal. It is an important part of the Charities Act and we look forward to the challenges and opportunities its introduction will provide.’

While the Tribunal will be able to consider points of law referred to it without a case being brought, the Charity Commission is stressing that it’s existing robust internal decision review process already resolves most disputes without legal action being required.

The Charity Tribunal has been brought into existence by the Third Commencement Order under the new Charities Act. The Commencement Order also brings into force provisions allowing charities to pay trustees for goods and services, new powers for the Charity Commission and the update, extension and simplification of several powers for charities.

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