F5Part 1Charities

Annotations:
Amendments (Textual)
F5

Pt. 1 Ch. 5A inserted (1.10.2010 for specified purposes, 1.11.2012 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 125(1), 134(7); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2012/218, art. 2

Chapter 9Charity trustees

Disqualification

I169Disqualification from being charity trustee

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 F3 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 F2, 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).