Changes to rules about charity trustee disqualification

July 10, 2018

Lucy Robinson

The rules about automatic disqualification for trustees of charities are changing from 1st August.  The changes include additional reasons for disqualification, including being in contempt of court, named under particular anti-terrorism legislation and being on the sex offenders register.  The rules will also apply to some charity senior manager positions.  Trustees and senior managers of trustees should check in good time before the deadline whether the new disqualification law will affect them.  The Charity Commission has some useful guidance on their website regarding these changes.  If your charity has not done so already, we can assist with preparing declarations for senior managers and trustees to sign which state that they won’t be disqualified from acting in these positons after the 1 August.  Charities should also update their procedure and checks which are made before appointing someone to any of these positions.  If an individual already connected to a charity will be disqualified under the new rules, you can apply to the Charity Commission to get a disqualification waived or otherwise, from 1 August, you must resign if you’re a senior manager or a charity trustee.

If you would like advice or assistance with regard to the new rules please contact Lucy Robinson in our Charity Law Department on 01323 720142.