I would have thought that the lay person would like to have some sort of steer on how that works. That is what our approach effectively provides.
The noble Lord, Lord Hodgson of Astley Abbotts, provided us with the examples of the Charity Law Association. With Section 29, on the question of advice, it is not appropriate to appeal to tribunal. The commission would give authority, if appropriate, for directions to be given by the court.
As to Section 33, any refusal of a certificate to take charity proceedings is already, in any event, subject to review by the court, which is the appropriate body to determine that matter.
As for things which have not yet been thought of as relevant, and are perhaps unlisted, there is the facility to add to the list by virtue of paragraph 6 on page 95. So there is that element of flexibility.
On balance, we prefer our approach of describing, setting out and showing what the appeal right covers for the lay person. I accept the point that it is there, and at length. The lay person, however, would at least have the opportunity to see quite plainly what it is that they are unable to appeal against, and how the appeal process works.
Charities Bill [HL]
Proceeding contribution from
Lord Bassam of Brighton
(Labour)
in the House of Lords on Tuesday, 28 June 2005.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Charities Bill [HL].
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Session
2005-06
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