Individuals who are automatically disqualified from being a charity trustee

Charity law states that the following criteria will automatically disqualify a person from acting as a charity trustee:

• Unspent conviction for an offence involving dishonesty or an offence under the 2005 Act
• Undischarged bankruptcy (sequestration)
• Granting a Protected Trust Deed
• Entering into an Individual Voluntary Arrangement (England and Wales) to pay off debts with creditors
• Being removed by a court from being a charity trustee
• Being disqualified from being a company director

From 31 August 2025, the criteria will extend to include a wider range of offences and will also include people who undertake a senior management function within a charity, as well as charity trustees.

OSCR has the power to waive a disqualification if a person applies to us and meets the relevant criteria. This can be in relation to one particular charity or a type of charity. However, the person will remain disqualified unless / until we grant this waiver.

Guidance on the current automatic disqualification criteria is available here.