Charity trustee rules and disqualification

Trustees are the people with ultimate responsibility for a charity, whatever your governing document calls them: board, committee, directors, governors.

The basics

Automatic disqualification

A disqualified person can't be a trustee, even on an interim basis, unless the Commission waives it. You're disqualified if you:

• have an unspent conviction for an offence whose legal definition requires dishonesty or deception (such as theft), certain terrorism, money laundering or bribery offences, misconduct in public office, perjury or perverting the course of justice (or attempting, aiding or abetting them)
• are subject to sex offender notification requirements, including under a Sexual Harm Prevention Order
• are bankrupt, subject to bankruptcy restrictions or an interim order, or in an IVA
• are subject to a debt relief order, or a debt relief restrictions order or interim order
• are a disqualified company director
• were removed as a trustee, officer, agent or employee of a charity by the Commission or the High Court for misconduct or mismanagement, or from management or control of a Scottish charity for misconduct or mismanagement
• were found in contempt of court for making, or causing someone to make, a false statement
• were found guilty of disobeying a Commission order or direction
• are a designated person under anti-terrorism law

This is a summary. The full wording and the limited exceptions are in the disqualifying reasons table linked from the Commission's automatic disqualification guidance (opens in new tab). The rules apply to unregistered charities too. If in doubt, get advice before signing. A Commission order can also disqualify someone separately.

Spent convictions

A spent conviction doesn't disqualify you. Sex offender notification requirements are a separate ground and still disqualify. The Commission points to the charity Unlock and to Nacro for working out when a conviction becomes spent.

It isn't only trustees

The rules also cover a charity's chief executive and chief finance officer roles, whatever their title. It's the function that counts, paid or unpaid. Handling cash alone doesn't make a role restricted. In the Commission's example, a part-time centre manager running the charity day to day and reporting to the trustees is covered.

Waivers

• The disqualified person applies, or an adviser on their behalf: online, or by email if they can't use the form. A charity can't apply for them.
• A waiver ends only the disqualification it covers. A new disqualifying reason disqualifies again.
• They can apply at any time after becoming disqualified.
• A waiver can cover named charities, a class of charities, or all charities. General waivers are harder to get.
• The Commission can't waive a disqualification the charity's own rules impose.
• For a CIO or charitable company, it can't waive director disqualification, undischarged bankruptcy or default on a county court administration order unless the court has given leave.
• A waiver can cover senior manager roles only, leaving the trustee disqualification in place.
• It decides on the best interests of the charities named, and checks the waiver won't damage public trust. The trustees' views count.
• It must give a waiver to someone it removed 5 or more years ago, unless an exception applies or there are special circumstances, such as the charity's trustees not supporting it.
• Decisions can be appealed.

Someone who becomes disqualified must stop acting straight away and should resign formally, unless a waiver covers them. Acting while disqualified is normally an offence. The Commission can also order repayment of money received from the charity during that time.

DBS checks are separate

Safeguarding law sets its own limits on who can work with children and adults at risk. If your charity carries out regulated activity, expect an enhanced DBS check for trustees, with a barred list check where the role is eligible. The Commission doesn't set or enforce DBS rules.

Pay, family and conflicts

• Trustees and connected people (such as a partner, relative or their business) can only benefit if it's authorised, in the charity's interests, and the conflict is managed.
• In a CIO, a trustee must not take part in a decision they'd personally benefit from, unless they can't reasonably be seen as conflicted. The model constitution goes further: declare the interest, leave the discussion, don't vote.
• The application asks if the charity employs or buys from a trustee, the founder, a relative or a connected organisation, and wants the minutes of the meeting that agreed it.
• Watch conflicts of loyalty too: dealings with a trustee's employer, a friend, or another body they serve on.

Before anyone signs the declaration

• Are they old enough for your structure?
• Have they checked the full reasons and exceptions, and confirmed none applies or a waiver covers them?
• Do they understand the charity's purposes and governing document?
• Any old conviction: is it spent?
• Any debt arrangement: bankruptcy, IVA or debt relief order, current or restricted?
• Are they related to, living with or in business with another trustee? That doesn't disqualify them, but it affects independence and conflicts.
• Will they, or anyone connected to them, be paid or supply the charity?
• Do your activities mean they need a DBS check?
• Are you appointing them the way your governing document says?

Next: the trustee declaration.

Trustee duties

The Essential Trustee (CC3) sets out six, for every charity, registered or not:

1. Carry out the purposes for the public benefit.
2. Follow the governing document and the law.
3. Act in the charity's best interests.
4. Manage its resources responsibly.
5. Act with reasonable care and skill.
6. Make sure it's accountable.

Once registered, tell the Commission when trustee details change.

Check whether you need to register