Charities and Trustee Investment (Scotland) Act 2005, Section 69 is up to date with all changes known to be in force on or before 22 May 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))
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