header-logo header-logo

Under new rule(s)

28 March 2019 / Bethan Walsh
Issue: 7834 / Categories: Features , Charities
printer mail-detail

Bethan Walsh reviews the changes to the automatic disqualification rules for trustees

  • 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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Winckworth Sherwood—Arcangelo D’Apolito

Winckworth Sherwood—Arcangelo D’Apolito

Private wealth and tax offering boosted by dual qualified partner hire

Sackers—John Card

Sackers—John Card

Pensions firm announces hire in project management team

Myers & Co—Kerry Boyle

Myers & Co—Kerry Boyle

Staffordshire firm appoints head of commercial property

NEWS
NOTICE UNDER THE TRUSTEE ACT 1925 
HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)
NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll