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Guidance for charities regarding the changes to the automatic disqualification of trustees rules

From 1 August 2018 changes come in on the rules relating to automatic disqualification of trustees rules which means that there will be more restrictions on who can run a charity.

Currently a person is disqualified from acting as a charity trustee if certain legal disqualification reasons apply to them. The main reasons are bankruptcy related and also include unspent convictions for crimes involving dishonesty and decept. It is an offence to act as a charity trustee whilst disqualified. However the disqualification can be waived in some circumstances by applying to the Charity Commission.

The new rules include 2 main changes:

There is an increase in the number of legal reasons for disqualification, including being on the sex offenders register and certain unspent convictions for terrorism and money laundering.

The rules do not only apply to charity trustees they now apply to senior management positions in a charity, e.g. Chief executive or equivalent and Chief finance officer or equivalent.

If a person becomes disqualified due to the change in the rules they can apply for a waiver before the rules come in (after 1 February 2018).

Charities should check that their recruitment policies take the rules into account and update any existing contracts as appropriate. Charities should check official registers to ensure that they do not recruit a disqualified person.

Details can be found at Guidance for charities on disqualification rule changes

 

 

Date: 9th February, 2018
Author: Wendy Bambrick

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