From 31 August 2025, new rules on the automatic disqualification of individuals from acting in Scottish charities came into force under the Charities (Regulation and Administration) (Scotland) Act 2023.

The Scottish Charity Regulator (OSCR) published updated guidance outlining the changes and announced the change in May 2025. If you have not already done so, please review this guidance and take appropriate action if the new criteria apply to anyone in your charity holding the relevant roles.

The key changes are:

1. The automatic disqualification criteria will now also apply to individuals undertaking a senior management function – The automatic disqualification provisions no longer apply solely to charity trustees. They also cover employees and volunteers undertaking senior management functions, regardless of job title, and these functions are detailed in the guidance.
2. Extended disqualification criteria – There are additional criteria that automatically disqualify individuals from serving as a charity trustee or holding a senior management function in a charity. For example, someone convicted of terrorism-related offences or listed on the sex offenders register will now be automatically disqualified.

These changes are in addition to the previous restrictions which prevent individuals, including those who are an undischarged bankrupt, who have an undischarged Protected Trust Deed (PTD) or someone who is disqualified from being a company director from being a charity trustee in Scotland. 

Disqualified individuals may apply to OSCR for a waiver. Waivers can apply to a specific charity, a type of charity, or charities in general.

To support charities in undertaking appropriate checks and due diligence when appointing new trustees, OSCR has published an updated trustee declaration form which is used as part of the application for charitable status process. We encourage all charities to use sections 2 and 3 of the revised form as a template for use as part of their recruitment and onboarding processes, making amendments where necessary for senior management functions.

Information on other changes to charity law as part of the Charities (Regulation and Administration) (Scotland) Act 2023 can be found here.