What you must not do if you are disqualified and actions you may need to take

Disqualification is automatic where any of the criteria set out in charity law are met. A disqualified individual must not act as a trustee or undertake a senior management function at a charity unless and until their disqualification is waived by OSCR.  

• If you are, or become, disqualified as a trustee you must cease to act in any trustee positions you hold and resign formally, with that decision recorded in writing, so that it is clear that you are no longer a serving trustee.
• If you are disqualified and are undertaking a senior management function you must cease to act in your position. You and the charity may need to take legal advice about how this will affect your employment and other rights.

Disqualification may be for a specific period of time:

• A conviction may become ‘spent’ after a certain period of time. You should seek your own legal advice to confirm your personal circumstances.
• A Protected Trust Deed usually lasts for four years but can last longer. Once your Protected Trust Deed is discharged, you will be eligible to become a charity trustee or undertake a senior management function for a charity again. You should seek appropriate advice to confirm your personal circumstances.
• Bankruptcy (can also be referred to as sequestration) is usually for a period of 12 months. Once your bankruptcy has been discharged you will be eligible to become a charity trustee or undertake a senior management function for a charity again. You should seek appropriate advice to confirm your personal circumstances.

Where your conviction is spent or you are no longer subject to relevant notification requirements as a result of certain offences or your bankruptcy or Protected Trust Deed is discharged, you would be eligible to become a charity trustee or undertake a senior management function for a charity again.