Charity Commission publishes new guidance ahead of automatic disqualification rules - Thorne Widgery

The Charity Commission has released new guidance in relation to the new charity automatic disqualification rules which come into effect on 1 August 2018.

The rules will apply a wider scope to why a senior charity boss or trustee can be automatically disqualified from running a charity, and how individuals can apply for a waiver.

The full disqualifying reasons table can be found here, which will now include convictions such as money laundering, among others.

The sweeping new legislation will automatically disqualify an individual on 1 August, unless they resign or successfully apply for a waiver before this date.

Charities should be prepared to apply this legislation and communicate clearly with trustees and executives about how these new rules will affect their charity. For example, a charity may have to recruit for a soon-to-be-vacant position ahead of time and ensure they are not in breach of employment laws.

Similarly, trustees and senior bosses are required to provide a declaration that they won’t be disqualified from acting in these positions after 1 August.

If you are a trustee or a senior staff member and you need to apply for a waiver, you won’t be disqualified until you get a decision from the Charity Commission. A decision can be appealed by asking the Charity Tribunal to review the Commission’s decision.

For more information, please find further guidance for charities here.