Automatic disqualification rules for charity trustees and charity senior positions

Note: for England only. Guidance for individuals about automatic disqualification rules, what to do if you become disqualified and how to apply for a waiver.

This guidance is for individuals who want to find out if, and how the automatic disqualification rules apply to them. We have produced separate guidance for charities to help them prepare for the new rules.

The charity guidance also includes sample declarations that can be used for relevant senior manager and charity trustee positions.

The rules, which currently only apply to trustees, protect charities from being run by people who meet certain criteria or who have specific unspent convictions.

From 1 August 2018, changes to the rules mean there will be more restrictions on who can run a charity.

The changes introduce new disqualification reasons, and will stop disqualified people from being able to act in some charity senior manager positions.

Under the current rules, and the changes, disqualified people can usually apply to the Charity Commission to waive their disqualification. The right to apply for a waiver is an important acknowledgement that there are limited circumstances in which waiving a person’s disqualification will be in the best interests of a charity or charities, by allowing them to recruit or retain a well-qualified person.

You can use the links in the above contents list to find what you need. This guide explains:

  • if you are disqualified under current automatic disqualification rules, and how you may be affected by the rule changes
  • if you will become disqualified when the rules change
  • what you must not do if you are disqualified, and what you might need to do
  • how you can apply, from 1 February 2018, to have your disqualification under the new rules waived before the rules change

Follow this link to the full article.

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