The Scottish Charity Regulator (OSCR) has today published updated guidance on the automatic disqualification of individuals in preparation for legal changes under the Charities (Regulation and Administration) (Scotland) Act 2023. These changes will come into effect in summer 2025.

The revised guidance reflects two significant updates:

1. Automatic disqualification will also apply to individuals undertaking a senior management function – The automatic disqualification provisions will no longer apply solely to charity trustees. They will 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 will 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.

You can read the guidance ahead of the changes coming into force here. All Scottish charities should take the time to familiarise themselves with the new guidance, assess what it means for their organisation and take any necessary actions.

These changes are in addition to the current 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. Guidance on the current rules can be viewed here.

OSCR has also updated the waiver application process that allows individuals who are disqualified to apply for permission to act in a charity role. This includes a revised application form with refreshed guidance to help applicants and affected charities understand the process.