Charity disqualification rules extended

Senior managers working in the charity sector will be forced to resign if they would be disqualified from acting as a trustee due to criminal convictions or bankruptcy

New laws coming into force from 1 August extend the scope of people who will be disqualified from working for charities, bringing CEOs and chief financial officers (CFOs) within scope.

The two main changes are: people who are disqualified from acting as a trustee will also be disqualified from holding certain senior manager positions in charities; an increase in the number of reasons that disqualify someone from acting.

The extension of the rules mean they now include new reasons including being on the sex offenders register and certain unspent convictions such as for terrorism or money laundering.

However, those who facing disqualification will be able to apply to the Charity Commission for a waiver.

Automatic disqualification rules do not stop people from all involvement with charities as volunteering, advisory positions or appropriate employment in positions that do not count as senior manager roles will still be available to those with unspent convictions.

The Charity Commission stated: ‘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.’

Charity Commission Automatic disqualification rule changes: guidance for charities

Report by Rob Munro

 

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