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High Court confirmation of removal
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14. The Principal Act is amended by the insertion of the following section after section 45:
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“45A. (1) Where in relation to a removal notice—
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(a) the charitable organisation does not appeal under section 45(3A), or
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(b) the charitable organisation appeals under section 45(3A) and the Tribunal makes a determination under section 45(7A)(c),
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the Authority shall, as soon as practicable after the expiration of the period of 21 days referred to in section 45(3A) or the determination of the Tribunal under section 45(7A)(c), as the case may be, make an application in a summary manner to the High Court for confirmation of its decision to remove the charitable organisation from the register.
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(2) An application under subsection (1) shall be on notice to the charitable organisation concerned.
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(3) The High Court shall, on the hearing of an application under subsection (1), confirm the decision of the Authority unless the Court considers that it is not in the interests of justice to do so.
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(4) Where the High Court does not confirm the decision under subsection (3), it may—
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(a) annul the decision, or
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(b) remit the matter for reconsideration by the Authority, subject to such directions as the Court considers appropriate.
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(5) A charitable organisation may, as soon as practicable after receiving notice of the application under subsection (2), inform the Authority in writing that it does not intend to appear, or make submissions, at the hearing of the application.
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(6) The High Court may make such interim or interlocutory orders as it considers appropriate in any proceedings under this section.
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(7) The High Court may direct how the costs of an application under subsection (1) are to be borne.
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(8) A decision confirmed by the High Court under subsection (3) shall take effect on the date on which the Court’s decision is given or such later date as the Court may specify in its decision.”.
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