Annex 3: Information included in a waiver application

Information that must be included in the statement provided by a charity in support of a disqualified individual’s waiver application:

• Whether a quorate majority of the charity trustees support the waiver application.
• Why the charity trustees consider the disqualified individual to be the best appointment, for example, what special skills does the individual have which are not otherwise available.
• Why the disqualified individual cannot act in an advisory capacity rather than as a charity trustee or undertaking a senior management function.
• How the charity trustees have assessed and managed any risk to the charity and its assets in making or maintaining the appointment.
  • For example, the charity trustees may determine they want an individual who is currently disqualified due to having a Protected Trust Deed to join the charity either as part of the Board or to undertake a senior management function. To manage any risk to the charity’s assets and financial decision making they determine that the individual will not be offered a role as treasurer, chair or financial director and they will not have access to the charity’s bank account.
• What the charity trustees have considered in relation to the reputation of the charity if the appointment is made or maintained.
• If the disqualification has resulted in legal limitations on the disqualified individual’s activities, the charity trustees’ view on whether these could damage the charity.
  • For example, if the charity is an unincorporated association and the charity trustees wish to appoint an individual who is an undischarged bankrupt to the Board or to undertake a senior management function they should consider whether the statutory limitations on the individual obtaining credit could cause difficulties in the relationship between the charity and its bankers.