Under new rule(s)

• Understanding the changes to the automatic disqualification rules for trustees.
• What is a relevant senior manager position?
• What steps should charities take?
• Effect of automatic disqualification.

The rules regarding automatic disqualification for trustees changed on 1 August 2018. In particular, more reasons to disqualify an individual from acting as a trustee have been added and the new rules also apply to certain senior manager positions within charities. In summary, charities should avoid appointing or retaining trustees or senior managers who are disqualified, unless the Charity Commission has given a waiver. In this regard, it is important to understand these changes and the steps that charities should take to avoid falling foul of the rules.

Understanding the changes

Prior to 1 August 2018, the circumstances in which trustees could be disqualified was fairly narrow. They related mainly to issues around bankruptcy and unspent convictions for crimes involving dishonesty or deception. 

The new rules widen the list of circumstances in which individuals are automatically