OPERATIONAL GUIDANCE

DEALING WITH REPRESENTATIONS AND OBJECTIONS TO PUBLIC NOTICES

APPEALS TO THE HIGH COURT

OG 4 B2 – 27 February 2007

Contents

1.Appeals against Schemes
Glossary of Terms used in this Guidance

Index to further related information

The Law	Refer to a lawyer	Refer to an accountant

1. Appeals against Schemes
	An appeal against a Scheme made under s.16 or s.18 of the 1993 Act may be brought in the High Court by:
	the Attorney General (s.16(11));
	the charity (s.16(12));
	any of the charity trustees (s.16(12));
	a person removed from office or employment by the scheme (unless he is removed with the agreement of the charity trustees or with the approval of the special visitor of the charity (s.16(12));
	any person interested in the charity (s.16(14));
	and, in the case of a local charity, where the Scheme is made under s.16 by:
	two or more inhabitants of the area (s.16(4)); or
	the local community (in Wales), or parish council covering the whole or part of the charity's area of benefit (s.16(14)).
	Except where the appeal is made by the Attorney General, it must:
	be made within three months of the established Scheme being published; and
	either
	be certified by us as a proper case for an appeal; or
	have the permission of a High Court judge (ss.16(12), 16(14) and 18(8)).
	Appeals are dealt with by Legal Division.

Index to further related information