THE CHARITIES ACT (NORTHERN IRELAND) 2008
THE CHARITIES ACT (NORTHERN IRELAND) 2013
THE CHARITY TRIBUNAL RULES (NORTHERN IRELAND) 2010
The Charity Tribunal for Northern Ireland
Appeal Reference: 1/17
THE CHARITY COMMISSION FOR NORTHERN IRELAND
THE ATTORNEY-GENERAL FOR NORTHERN IRELAND
WHEREAS the Appellant purported to file an appeal, through an unauthorised representative, on 19 March 2017 (albeit dated 8 February 2017 but subsequently corrected to read 18 February 207) against a decision of the Respondent dated 17 February 2017 making Orders under section 33(1)(vii) and section 33(10) of the Charities Act (Northern Ireland) 2008 (‘the Act’) and requested that this appeal be determined on the papers only without a hearing;
AND WHEREAS the Appellant subsequently, on 22 March 2017, did provide the necessary authorisation of his representative, thus validating this appeal but only from that date;
AND WHEREAS the Attorney-General for Northern Ireland (‘the Attorney’), on 3 April 2017, lodged an intention in writing to intervene in these proceedings pursuant to section 15(4) of the Act and that stated that his intervention would be in writing only, and solely in relation to whether or not the said Orders of the Respondent the subject of these proceedings were validly made by the Respondent;
AND WHEREAS the Respondent filed its Response on 11 April 2017, together with a List of Documents, pursuant to Rule 18 of the Charity Tribunal Rules (Northern Ireland) 2010 (‘the Rules’), and an application for a direction under Rule 3 of the Rules to order non-disclosure of certain documentation pursuant to Rule 15(2) of the Rules;
AND WHEREAS the Appellant’s Reply is late, having been due to be filed with the Tribunal by 18 April 2017, pursuant to Rule 19 of the Rules;
IT IS DIRECTED AND ORDERED AS FOLLOWS:
1. Subject to the Appellant explaining in writing why he has failed to comply with the Rules concerning the filing of his Reply, time to comply is extended to 4.00pm on Friday, 28 April 2017 of the Tribunal’s own volition.
2. The intimated intervention of the Attorney shall fall for determination as a preliminary issue pursuant to Rule 14 of the Rules and shall be determined on the papers without a hearing, pursuant to rule 14(4) of the Rules, no party having requested an oral hearing.
3. The Attorney is directed to file his written submission within 10 days of the date of this Directions Notice and, at the same time, confirm that he has furnished a copy to the Appellant’s representative and to the Respondent.
4. The Appellant shall have 10 days from the date of receipt of the Attorney’s submission to make representations in writing, if any, to the Tribunal and, at the same time, confirm that he has furnished a copy of those representations to the other two parties.
5. The Respondent shall have 10 days from receipt of the Appellant’s submissions, if any, to make representations in writing, if any, to the Tribunal and, at the same time, confirm that it has furnished a copy of those representations to the other two parties.
6. All three parties shall have a further period of 7 days to make any further representations he or it may wish to make to the Tribunal in writing on the representations, if any, made by the other two parties.
7. No determination of the Respondent’s application, filed on 11 April 2017, for a direction pursuant to Rule 3 of the Rules to prevent disclosure of certain documentation in the possession of the Respondent, pursuant to Rule 15(3) of the Rules, shall be made by the Tribunal until after determination of the preliminary issue.
8. No determination of the substantive issues in this appeal, to the extent that they may not be dealt with in the determination of the preliminary issue, shall be made by the Tribunal until the said preliminary issue has been determined by it following compliance by the parties with the directions set out in this Notice.
9. The parties are reminded that in the event of a failure to comply with a direction of the Tribunal, or any of the Rules, may result, in the case of the Appellant, to the appeal being dismissed in whole or in part or, in the case of the Respondent, or the Attorney, to it, or he, being disqualified from participating in the appeal.
10. If a party feels unable to comply with any of the directions affecting him or it set out in this Notice, he or it, may apply to the Tribunal, in writing, showing good cause why the direction should be varied or set aside subject to the other party(-ies) being invited to make representations on such application and any such representations being considered by the Tribunal.
Damien J. McMahon
Date: 24 April 2017