Our Gateshead

Act by 1 August: New disqualification rules for management committees and Charity trustees

New ‘automatic disqualification rules’ for trustees, management committees and senior managers mean that charities and small groups must act by 1 August 2018.

From 1 August the ‘automatic disqualification rules’ for trustees and management committees change, and for the first time will be extended to being employed by a charity as the 'senior manager', usually the chief executive, and possibly a chief finance officer. In a very small group this could be the part time admin worker.

Trustees, management committees, and senior managers, with certain convictions or who are on the sex offenders register, will be disqualified from being involved in a charity unless they apply to the Charity Commission for a waiver to prevent or remove the disqualification.

These rules apply to groups that are not registered with the Charity Commission, such as the management committee and the part time worker of a small unincorporated association, as well as those registered with the Charity Commission.

Main changes:

  • More offences and reasons why someone might be disqualified than currently.
  • As well as trustees, ‘senior manager’ employee roles restricted for the first time.

Existing staff and trustees could be disqualified, so your charity needs to take action before 1st August. It is usually an offence for someone to continue in a role if they are disqualified, for both the individual and the charity.

There is a process to apply to the Charity Commission for a waiver to prevent or remove disqualification if the organisation supports the application, for instance to support someone who is rehabilitated and for user-led charities.

For a new information sheet about the rules, visit

 

 

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