Charities and Trustee Investment (Scotland) Act 2005, Cross Heading: Disqualification is up to date with all changes known to be in force on or before 16 June 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)The persons specified in subsection (2) are disqualified from being charity trustees.
(2)Those persons are any person who—
(a)has been convicted of—
(i)an offence involving dishonesty,
(ii)an offence under this Act,
(b)is an undischarged bankrupt,
(c)has been removed, under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40) or section 34 of this Act, from being concerned in the management or control of any body,
(d)has been removed from the office of charity trustee or trustee for a charity by an order made—
(i)[F1by the Charity Commission for England and Wales under [F2 section 79(2)(a) of the Charities Act 2011 or ] section 18(2)(i) of the Charities Act 1993 or] by the Charity Commissioners for England and Wales [F3, whether under section [F418(2)(i) of the 1993 Act ] or under ] section 20(1A)(i) of the Charities Act 1960 (c. 58) or section 20(1) of that Act (as in force before the commencement of section 8 of the Charities Act 1992 (c. 41)), or
(ii)by Her Majesty's High Court of Justice in England,
on the grounds of any misconduct in the administration of the charity for which the person was responsible or to which the person was privy, or which the person's conduct contributed to or facilitated,
(e)is subject to a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986 (c. 46) or the Company Directors Disqualification (Northern Ireland) Order 2002 (S.I.2002/3150).
(3)A person referred to in subsection (2)(a) is not disqualified under subsection (1) if the conviction is spent by virtue of the Rehabilitation of Offenders Act 1974 (c. 53).
(4)OSCR may, on the application of a person disqualified under subsection (1), waive the disqualification either generally or in relation to a particular charity or type of charity.
(5)OSCR must notify a waiver under subsection (4) to the person concerned.
(6)OSCR must not grant a waiver under subsection (4) if to do so would prejudice the operation of the Company Directors Disqualification Act 1986 (c. 46) or the Company Directors Disqualification (Northern Ireland) Order 2002 (S.I.2002/3150).
Textual Amendments
F1Words in s. 69(2)(d)(i) inserted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 211(a); S.I. 2007/309, art. 2, Sch.
F2Words in s. 69(2)(d)(i) inserted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 107 (with s. 20(2), Sch. 8)
F3Words in s. 69(2)(d)(i) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 211(b); S.I. 2007/309, art. 2, Sch.
F4Words in s. 69(2)(d)(i) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 107 (with s. 20(2), Sch. 8)
Commencement Information
I1S. 69 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1 (with art. 3(2)-(4))
(1)A person who acts as a charity trustee while disqualified by virtue of section 69 is guilty of an offence and liable—
(a)on summary conviction, to imprisonment for a period not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both,
(b)on conviction on indictment, to imprisonment for a period not exceeding 2 years or a fine or both.
(2)Any acts done as a charity trustee by a person disqualified by virtue of section 69 from being a charity trustee are not invalid by reason only of the disqualification.
(3)In section 69(2)(b), “undischarged bankrupt” means a person—
(a)whose estate has been sequestrated, who has been adjudged bankrupt or who has granted a trust deed for or entered into an arrangement with creditors, and
(b)who has not been discharged under or by virtue of—
(i)section [F5137, 138 or 140 of the Bankruptcy (Scotland) Act 2016 ],
F6(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii)section 279 or 280 of the Insolvency Act 1986 (c. 45), or
(iv)any other enactment or rule of law subsisting at the time of the person's discharge.
Textual Amendments
F5Words in s. 70(3)(b)(i) substituted (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 8 para. 22(a) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2
F6S. 70(3)(b)(ii) omitted (30.11.2016) by virtue of Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 8 para. 22(b) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2
Commencement Information
I2S. 70 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1
(1)OSCR must keep, in such manner as it thinks fit, a record of all persons who have been removed, by order of the Court of Session under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 or section 34 of this Act, from being concerned in the management or control of any body.
(2)The record must contain a separate entry for each person entered in it setting out—
(a)the person’s name,
(b)the date of the order of the Court of Session removing the person from being concerned in the management or control of the body,
(c)the name of the body to which the order relates,
(d)if the person has been granted a waiver under section 69(4) in relation to a particular charity or type of charity only, or has been granted a waiver under section 69B(3), the details of the waiver including—
(i)the date OSCR notified the person of the waiver, and
(ii)the extent of the waiver, and
(e)any other information which OSCR considers appropriate in relation to—
(i)the person,
(ii)the body from which the person was removed.
(3)Despite subsection (1)—
(a)OSCR must remove a person from the record if the person has been granted a general waiver under section 69(4),
(b)OSCR may remove a person from the record if the person has died.
Textual Amendments
F7Ss. 70ZA, 70ZB inserted (1.10.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 7(3), 21(2); S.S.I. 2024/63, reg. 2(2), sch. Pt. 2
(1)OSCR must provide a facility by which the record kept under section 70ZA(1) may be searched by any person.
(2)That search facility must allow the record to be searched by reference to, and only by reference to, a person’s name.
(3)Where, on an application being made to it, OSCR is satisfied that disclosing an entry in the record is likely to jeopardise the safety or security of any person or premises, OSCR must ensure that the entry is not disclosed to any person searching the record.
(4)OSCR may also determine other information which, though contained in the record, is not to be disclosed to any person searching it.]
Textual Amendments
F7Ss. 70ZA, 70ZB inserted (1.10.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 7(3), 21(2); S.S.I. 2024/63, reg. 2(2), sch. Pt. 2
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