Charity Automatic Disqualification Rules: Changes To The Law

On 1 August 2018 the law is changing to extend the scope of who will be disqualified from running a charity

Trustees

Trustees

The rules about automatic disqualification for trustees are changing, more reasons are being added and the rules will also apply to some charity senior manager positions (chief executives and finance directors – and those in equivalent roles).

New reasons for disqualification include being in contempt of court, being named under particular anti-terrorism legislation or being on the sex offenders register.

Individuals

If you’re a trustee or senior manager (at CEO or finance director level) at a charity, check that you’re not going to be disqualified by reading the guidance for individuals.

If you will be disqualified, you can apply to us to get your disqualification waived. Otherwise, from 1 August you must resign if you’re a senior manager. Charity trustees will also have to stop acting in that role.

If you apply for a waiver before 1 August, you won’t be disqualified until you get a decision from us, or the tribunal if you appeal against our decision.

You can read more about how we make waiver decisions.

Charities

Make sure you read the guidance for charities to help you understand what is changing. This guide also includes a handy disqualifying reasons table that you can download.

Ask your trustees to check that they won’t be affected by these changes. Senior managers (at chief executive or finance director level) should also check if the disqualification law will affect them from 1 August.

We’ve produced sample declarations for senior managers and trustees to state that they won’t be disqualified from acting in these positions after the 1 August. You can download these from the preparing for the rule changes section of the charity guidance.

Update the checks you make before appointing someone to any of these positions.

If someone is going to be disqualified, tell them that they can apply to have their disqualification waived. They can find out more in the guidance for individuals.

Further support

Unlock is an independent charity that provides support for people with convictions. They have a dedicated charity page with further advice and support.