The function of the Charity Tribunal is to hear and determine appeals against the decision made by the Charity Commissioner or from a third party.

 

Persons who may appeal and decisions that may be appealed are:

(1)     An applicant for registration as a Charity may appeal against a decision of the Commissioner –

(a)     to refuse to register the applicant; or

(b)     to refuse to register the applicant in the restricted section of the register.

(2)     A registered charity may appeal against a decision of the Commissioner –

(a)     to deregister the charity;

(b)     to refuse permission for the charity to change its registered name or add  an alternative registered name;

(c)     to require the charity to apply to change its registered name;

(d)     to refuse approval 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 to the charity’s registered public benefit statement.

(3)     A person on whom the Commissioner serves a notice under Article 26 or a required steps notice may appeal against the decision of the Commissioner to impose a requirement contained in the notice.

(4)     The Attorney General may appeal against any decision of the Commissioner.

(5)     A person, other than an applicant for registration, a registered charity, or the Attorney General, may appeal against a decision of the Commissioner to register an applicant, on the ground that, at both the time of the application and the time of the appeal –

(a)     the applicant did not meet the charity test; or

(b)     if the appellant has an interest in the registered name of the applicant, that name was undesirable.

The Charity Tribunal does not award legal costs in respect of any hearing.

 

Who sits on the Tribunal?

 The Charity Tribunal has a professionally qualified Chairperson and Vice Chairperson.

 It also has four Panel Members who are independent from the Charity Commissioner who have expertise in a wide range of professional fields.

 

Submitting an appeal

If you would like to appeal a decision made by the Charity Commission you should first ensure you have gone through The Commissioner’s complaints process. The link to begin the complaints process is as follows https://charitycommissioner.je/about-jcc/complaints/

 If after the complaints process you are still unsatisfied with the decision, please complete the Appeal Form below and submit it to the Tribunal Office via email, post or hand delivery.

 Our guidelines for completing an Appeal Form are available to view below along with the Tribunal Procedure.

Guidelines for a Charity wishing to appeal

Appeal Form

Guidelines for a third party wishing to appeal

Appeal form (Third Party)

Law & Regulations

Charities (Jersey) Law, 2014

Charities (Additional information) (Jersey) Order, 2018

Charities (Restricted Section of the Register)(Jersey) Order, 2018

 

 

Annual Reports

The first Annual Report is due to be published in 2019

Contact details

 For more information please contact the Tribunal Registrars at registrartribunalservice@gov.je or call on 441380.