Prepare now for new automatic disqualification criteria coming 31 August 2025
From 31 August 2025, new rules on the automatic disqualification of individuals from acting in Scottish charities will come into force under the Charities (Regulation and Administration) (Scotland) Act 2023.
The Scottish Charity Regulator (OSCR) published updated guidance outlining the changes in May 2025. All charities should review this guidance and take appropriate action if the new criteria apply to anyone in their organisation holding the relevant roles.
The key changes are:
- 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.
- 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.
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.
Disqualified individuals may apply to OSCR for a waiver. Waivers can apply to a specific charity, a type of charity, or charities in general. Each application is assessed on its own merits. OSCR will begin accepting waiver applications under the new criteria from 30 June 2025, with priority given to individuals already in post before the new rules take effect.
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