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 References: 1/17 & 2/17
THE CHARITY COMMISSION FOR NORTHERN IRELAND
THE ATTORNEY-GENERAL FOR NORTHERN IRELAND
WHEREAS the Tribunal issued certain directions in respect of Appeal Ref. 1/17 on 24 April 2017 (varied on 2 May 2017) concerning an appeal made by the Appellant against the making of an Order (Order 0099) by the Respondent pursuant to s. 33(10) of the Charities Act (Northern Ireland 2008 (‘the Act’) discharging an Order made by the Respondent on 14 October 2016 pursuant to s.33(10(vii) of the Act;
AND WHEREAS the Appellant subsequently, on 12 April 2017, lodged a further appeal, Appeal Ref. 2/17, against a purported decision of the Respondent made on 12 April 2017, also pursuant to s.33(10) of the Act to discharge another Order (Order 0104) made by it on 17 February 2017 made pursuant to s.33(1)(vii) of the Act;
AND WHEREAS the Attorney-General for Northern Ireland (‘the Attorney’), on 1 June 2017, lodged an intention in writing to also intervene in Appeal Ref. 2/17 pursuant to section 15(4) of the Act and rule 22 of the Rules (having already intervened in Appeal Ref. 1/17) and stated that, on this occasion too, his intervention would be in writing only, and, on this occasion too, solely in relation to whether or not the said Order of the Respondent the subject of these proceedings was validly made by the Respondent;
AND WHEREAS the Respondent filed its Response to Appeal Ref. 2/17 on 13 June 2017, pursuant to Rule 18 of the Charity Tribunal Rules (Northern Ireland) 2010 (‘the Rules’), and made an application for case management Directions of Appeal Ref. 2/17, pursuant to Rule 3 of the Rules;
AND WHEREAS the Tribunal held a Directions Hearing on 21 August 2017 at which all three parties were present and were heard by the Tribunal:
IT IS DIRECTED AND ORDERED AS FOLLOWS:
1. The preliminary issue, raised by the Attorney, namely, whether the respective Orders made by the Respondent that are the subject of Appeal Ref. 1/17 and Appeal Ref. 2/17, were made with lawful authority, involves the same or similar issues in both Appeal Ref. 1/17 and Appeal Ref. 2/17, and, accordingly, both appeals shall be consolidated and heard together, pursuant to Rule 12 of the Rules.
2. The intervention of the Attorney in respect of Appeal Ref. 2/17 shall, along with his intervention in Appeal Ref. 1/17, 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. None of the parties are required to file further written submissions in respect of Appeal Ref. 2/17, each of the parties being in agreement that the written submissions of each of the parties already filed in respect of Appeal Ref. 1/17 can be adopted as being of equal application in respect of Appeal Ref. 2/17 insofar as the preliminary issue is concerned.
4. No determination of the Respondent’s application, filed on 11 April 2017, in respect of Appeal Ref. 1/17, 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.
5. No similar application exists in respect of Appeal Ref. 2/17, there being no such documents in existence in respect of Appeal Ref. 2/17.
6. The application of the Appellant, made on 26 July 2017, in the context of Appeal Ref. 2/17, for disclosure of all documents concerning the institution by the Respondent of an Inquiry pursuant s.22 of the Act into the charity known as Newry & Mourne Carers, of which the Appellant is the sole surviving trustee, is refused: these proceedings concern appeals against the making of Orders by the Respondent, and are not by way of an application for review into the institution of the said inquiry, a matter already determined by the Tribunal in any event, in separate proceedings (Application Ref 8/16), a decision of the Tribunal that was not the subject of any appeal to the High Court of Justice in Northern Ireland.
7. No determination of any substantive issues in these appeals, 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 in respect of each of the appeals, now consolidated.
8. Notwithstanding the contents of the preceding paragraph, the Tribunal may, if, in its opinion, the determination of the preliminary issues substantially disposes of one or both appeals, may make such Order by way of disposing of the appeals as the Tribunal thinks fit, pursuant to Rule 14(3) of the Rules.
9. 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: 29 August 2017