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Charity trustees face automatic disqualification

31st July 2018

Charity trustees face automatic disqualification from 1 August 2018 under tighter rules including where they have been in contempt of court, are named under anti-terrorism laws or are on the sex offenders register.

The rules will also affect senior managers such as chief executives and finance directors.

The Charity Commission has updated its guidance for individuals about automatic disqualification, what to do if you become disqualified and how to apply for a waiver.

If you will be disqualified, you can apply to get your disqualification waived. Otherwise, from 1 August you must resign if you are a senior manager. Charity trustees will also have to stop acting in that role.

Individuals applying for a waiver before 1 August, won’t be disqualified until they get a decision from the Charity Commission, or the tribunal if there is an appeal against the Commission’s decision (how waiver decisions are made).

The Charity Commission has produced sample declarations for senior managers and trustees to state that they won’t be disqualified from acting in these positions after the 1 August. They can be download from the preparing for the rule changes section of the charity guidance.

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