29 Jan 2018
The Charity Commission has announced new automatic disqualification rules, which will come into force on 1st August 2018.
The Charity Commission has announced
new automatic disqualification rules, which will come into
force on 1st August 2018.
It is important for charities to be aware that, from this date
onwards, the list of reasons for automatic disqualification will be
significantly expanded and will include senior managers (CEOs and
Finance Directors), as well as trustees. This means that a larger
group of people will be automatically disqualified.
The list of reasons for automatic disqualification currently
includes bankruptcy and unspent convictions for dishonesty and
deception. From August this year, it will also include unspent
convictions for bribery, terrorism, money laundering, misconduct in
public office, perjury, and being on the sex offenders
From 1st February, individuals who are not currently
disqualified, but will be after 1st August, will be able to apply
to the Charity Commission for a waiver in advance of the changes.
The Commission is advising anyone affected by the changes to apply
for a waiver as soon as possible.
The Charity Commission has published guidance on the
How to prepare for the changes
- Make sure you know which posts in your organisation will be
- Check whether any existing trustees and managers are affected
and ask them to sign a declaration confirming that they are not
- If any individuals will be disqualified after 1st August and
intend to continue in their role, they will need to apply for a
waiver from the Charity Commission
- Make sure that your recruitment processes for trustees and
senior managers will identify candidates who are disqualified
- Add the new restrictions to the declaration forms that you ask
trustees, CEOs and Finance Directors to complete on appointment.
The Commission will be publishing a model declaration from 1st
These changes are the result of the remaining provisions of the
Charities (Protection and Social Investment) Act 2016 coming into