Charity Appeals Tribunal Rules 2018

JurisdictionIreland
CitationIR SI 209/2018
Year2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 22nd 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

1. These Rules may be cited as the Charity Appeals Tribunal Rules 2018.

2. These Rules shall come into operation on 4th day of July 2018.

Interpretation

3. (1) In these Rules, unless the context otherwise requires—

“Act of 2009” means the Charities Act 2009 (No. 6 of 2009);

“appellant” means the Minister, a body or any other person, who initiates an appeal under the Act or on whose behalf an appeal is initiated;

“Authority” means the Charities Regulatory Authority;

“Minister” means the Minister for Rural and Community Development;

“person” shall be read as defined in the Interpretation Act 2005 ;

“respondent” means a party to the appeal who is not the appellant;

“Tribunal” means the Charity Appeals Tribunal.

Manner of appeal

4. (1) An appeal to the Tribunal of a decision of the Authority under the Act of 2009, other than an appeal by the Minister under section 45(4) of the Act, shall be brought—

(a) within 21 days, or on application in writing by the appellant, such longer period as the Tribunal may, for good and sufficient reason, determine, of service on the person of a written notification of the decision, and

(b) by using the form specified in the Schedule, (in these Rules referred to as the “appeal form”).

(2) In the case of an appeal by the Minister under section 45(4) of the Act of 2009, the appeal shall be initiated in writing on the appeal form and shall be served on the Tribunal within 21 days or, on application in writing by the Minister, such longer period as the Tribunal may, for good and sufficient reason, determine, after the decision of the Authority is furnished in writing.

(3) The date of service (or in the case of an appeal by the Minister, the day the person is registered) is the first day of the 21 day period.

(4) In an appeal of the type mentioned in paragraph (1), the respondent shall be the Authority.

(5) In an appeal of the type mentioned in paragraph (2), the respondents shall be the Authority and the person registered under section 39 of the Act of 2009.

(6) In every appeal, the appeal form, when sent to the Tribunal, shall be accompanied by a copy of the refusal, decision, or notice of the Authority to which the appeal relates together with all documents sought to be relied on in the appeal.

(7) The Tribunal Secretariat shall serve notice of the appeal, together with the relevant appeal form, on the respondent or respondents as soon as is practicable after receipt of a completed notice of appeal form from the appellant.

(8) Insofar as is practicable, the appeal form to be used for an appeal will be published on the internet by or on behalf of the Tribunal.

(9) Within 7 days of the Authority being notified of an appeal, the Authority shall furnish the Tribunal with copies of any documents submitted to the Authority by a charitable organisation in the process that led to the decision that is being appealed and an indication in writing of the nature and source of any other information relating to the appeal that came to the attention of the Authority during that process.

Administration fee

5. (1) A non-refundable administration fee of €100 is specified for the purposes of an appeal.

(2) On receipt of an appeal form, the Tribunal will take no action on foot of it unless and until an administration fee of €100 (in these Rules referred to as the “administration fee”) has been paid by the appellant to the Tribunal.

(3) Notwithstanding paragraph (1), if the appellant is the Minister under section 45(4) of the Act of 2009, no administration fee shall be payable.

(4) The administration fee must be paid no later than 14 days from service of the appeal form on the Tribunal, or such longer period as the Tribunal may in its discretion determine, and in default of the fee being paid, the Tribunal may dismiss the appeal.

Written submissions and documents

6. (1) At any time, whether prior to, during, or after the conclusion of a hearing, the Tribunal may request from the appellant written submissions addressing any relevant factual or legal issues, and if so requested, the appellant shall furnish such written submissions to the Tribunal not later than 21 days after the date of the request or such other period as may be specified by the Tribunal.

(2) The Tribunal shall send a copy of any such written submissions to the respondent.

(3) The respondent shall furnish any replying written submissions to the Tribunal within 21 days of the date on which the appellant’s written submissions were sent to the respondent by the Tribunal or such other period as may be specified by the Tribunal.

(4) Without prejudice to the generality of paragraph (1), the Tribunal may request that written submissions or replying written submissions—

(a) Contain a concise statement of the general factual background to the appeal or any particular factual issue;

(b) Include a summary of the evidence intended to be adduced by, or on behalf of, the party making the submissions;

(c) Set out any legal arguments, whether in general or on any particular issue specified by the Tribunal, that the party relies on in the appeal;

(d) Specify the number of witnesses, if any, that the party proposes to call at the hearing of the appeal, and a summary of the evidence to be given by each witness;

(e) Specify any documents intended to be relied on in the appeal;

(f) Address any other matters that the Tribunal considers relevant or potentially relevant to its determination of the appeal.

(5) The Tribunal may, for good and sufficient reason, extend the period fixed by it for the receipt of written submissions from either party, and an application for any such extension shall be made in writing giving the grounds on which it is sought.

(6) At any time, whether prior to, during, or after the conclusion of a hearing, the Tribunal may request any party to furnish it within 21 days or such other period as may be specified by the Tribunal with any documents or copies of documents.

(7) A copy of the documents referred to in paragraph (6) must be served by the party furnishing the documents on the other party or parties.

(8) The Tribunal, having heard both parties on the matter, may admit any document as evidence of any fact contained within it wherever it considers it just and proper to do so.

Discretion to set or adapt procedure in special circumstances

7. In special circumstances, the Tribunal may adapt the procedure to be followed on any aspect of an appeal in a manner that, in the opinion of the Tribunal, best accords with fairness and the interests of justice.

Withdrawal of appeal

8. (1) An appellant may withdraw an appeal by written request, signed by the appellant or his or her or its representative, sent to the Tribunal at any time prior to the determination of the appeal, or by informing the Tribunal orally at the hearing of the appeal.

(2) If the appeal is withdrawn in writing, the Tribunal will notify the respondent, or his or her or its representative, of the withdrawal as soon as is practicable.

Representation

9. A party to an appeal may appear in person or be represented by:

(a) a solicitor;

(b) a barrister; or

(c) with the consent of the Tribunal, any other person of the party’s choice.

Procedure at hearing

10. (1) The conduct of the hearing of an appeal will be determined by the Tribunal in a manner that, in the opinion of the Tribunal, best accords with fairness and transparency.

(2) The parties to the appeal may call witnesses to give evidence.

(3) At the discretion of the Tribunal:

(a) witnesses will be sworn or make an affirmation; or

(b) evidence from witnesses may be received otherwise than on oath or affirmation.

(4) A member of the secretariat of the Tribunal or any member of the Tribunal may administer the oath or affirmation.

(5) Any witness may be cross-examined by the opposing party or that party’s representative.

(6) The Tribunal may curtail the examination-in-chief of a witness that the Tribunal considers repetitive or irrelevant and may curtail cross-examination that it considers repetitive, irrelevant or oppressive.

(7) At any stage during or after examination-in-chief, cross-examination, or re-examination of a witness, any member of the Tribunal may ask questions of the...

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