Annex 1: Criteria for disqualification

Criteria specified in Section 69 of the 2005 Act as amended by the 2023 Act that automatically disqualify an individual from acting as a charity trustee or carrying out a senior management function for a charity: 

These are the automatic disqualification criteria set out in Scottish charity law: Charities and Trustee Investment (Scotland) Act 2005. An individual cannot become or continue as a charity trustee or hold an office or employment with senior management functions in a charity if that individual: 

• is an undischarged bankrupt
• has an undischarged Protected Trust Deed (PTD)
• has an existing individual voluntary arrangement (IVA) to pay off debts with creditors. (This only applies to trustees living in England, Wales or Northern Ireland)
• is subject to a bankruptcy related measure, that is:-
  
  1. the subject of a bankruptcy restrictions order, interim order or undertaking under the Bankruptcy (Scotland) Act 2016, the Insolvency Act 1986 or the Insolvency (Northern Ireland) Order 1989
  2. in the moratorium period under a debt relief order under the Insolvency Act 1986 or the Insolvency (Northern Ireland) Order 1989. (This only applies to trustees living in England, Wales or Northern Ireland)
  3. the subject of a debt relief restrictions order, interim order or undertaking under either of these enactments.  (This only applies to trustees living in England, Wales or Northern Ireland)
• is disqualified from being a company director
• has been removed by the Court of Session under the 2005 Act (or earlier legislation) from being a charity trustee or being concerned in the management or control of any charity or body
• has been removed as a trustee, charity trustee, officer, agent or employee of a charity by the Charity Commission for England and Wales (“CCEW”) or the High Court in England due to misconduct or mismanagement
• has been subject to a disqualification order or disqualification undertaking made by the CCEW under section 181 of the Charities Act 2011 disqualifying me as a charity trustee
• has been found guilty of contempt by a Court in England and Wales in civil proceedings for making a false disclosure statement
• has been removed as a charity trustee or trustee of a charity by the Charity Commission for Northern Ireland (“CCNI”) or the High Court in Northern Ireland due to misconduct or mismanagement.
• has been found guilty of disobedience to an order or direction of CCEW or CCNI on an application to the High Court in England or Northern Ireland
• Has an unspent conviction for any of the following:
  1. an offence under the 2005 Act
  2. an offence under section 77 of the Charities Act 2011
  3. an offence under section 13 or 19 of the Terrorism Act 2000
  4. an offence specified under section 41 or 42 of the Counter-Terrorism Act 2008 as an offence to which Part 4 of that Act applies
  5. a money laundering offence within the meaning of section 415 of the Proceeds of Crime Act 2002
  6. an offence under any of the following sections 1, 2, 6 or 7 of the Bribery Act 2010
  7. an offence of perverting the course of justice including in particular-
     1. false accusation of a crime
     2. perjury
     3. prevarication on oath
     4. prison breaking
     5. subordination of perjury
  8. an offence of wilful neglect of duty by a public official
  9. an offence, under the law of England and Wales, of misconduct in public office
  10. any other offence involving dishonesty
  11. an offence committed by aiding, abetting, counselling, procuring or inciting the commission of any of the offences detailed above
  12. an offence committed by attempting or conspiring to commit any of the offences detailed above
• is a designated person under the following anti- terrorist legislation:
  1. regulations 8 to 12 of the ISIL (Da'esh) and Al-Qaida (United Nations Sanctions) (EU Exit) Regulations 2019,  
  2. regulations 11 to 15 of the Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019, 
  3. regulations 11 to 15 of the Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019 
• is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (on the sex offenders register).