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Changes to automatic disqualification rules for charities

From 1 August 2018, changes to automatic disqualification rules mean there will be more restrictions on who can run a charity.

The changes introduce new disqualification reasons, and will stop disqualified people from being able to act in some charity senior manager positions.

It means more people with criminal records for sex offences, terrorism, money laundering and bribery will be prevented from acting in senior roles, and people who are barred from being trustees will also be disqualified from senior manager positions, e.g. those in the role of chief executive or chief finance officer (or equivalent). If a person becomes disqualified due to the change in the rules they can apply for a waiver of the disqualification before the rules come in.

The automatic disqualification rules do not disqualify people from all involvement with charities, as they can still take on more junior positions, as volunteers or advisors.

Writing in a blog, Charity Commission deputy head of guidance & practice, Nick Mott said: “The point of these further restrictions is of course to provide some protection for charities, but the system allows us to waive disqualification for those whose experience and skills in running charities should not be lost...

For charities, just remember to add these new restrictions into the recruitment and post appointment declarations that you ask trustees, CEOs and FDs to complete.

Nick Mott, Charity Commission deputy head of guidance & practice

Please use the following link for guidance on automatic disqualification rules for charity trustees and charity senior positions https://www.gov.uk/guidance/automatic-disqualification-rule-changes-guidance-for-charities

Please use the following link for guidance on automatic disqualification: waiver decision process and appeals https://www.gov.uk/government/publications/how-the-charity-commission-assesses-waiver-applications-and-makes-a-decision/automatic-disqualification-waiver-decision-process-and-appeals

If you have any questions about the changes to automatic disqualification rules, please contact our Charities team.

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Charity Newsletter

Summer 2018

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