Charities and Trustee Investment (Scotland) Act 2005

69Disqualification from being charity trusteeS
This section has no associated Explanatory Notes

(1)The persons specified in subsection (2) are disqualified from being charity trustees [F1(but see also subsection (2A))].

(2)Those persons are any person who—

(a)has been convicted of—

[F2(ai)an offence specified in section 69A,]

(i)an offence [F3, not specified in section 69A,] involving dishonesty,

[F4(ii)an offence under this Act,]

(b)[F5(i)]is an undischarged bankrupt [F6(see section 70(3))],

[F7(ii)subject to a specified bankruptcy-related measure (see section 70(4)),]

(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,

[F8(d)has been removed from the office of charity trustee or trustee for a charity by an order made—

(i)[F9by the Charity Commission for England and Wales under [F10 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 [F11, whether under section [F1218(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,]

[F8(d)has been removed as a trustee, charity trustee, officer, agent or employee of a charity by a relevant order in England and Wales (see section 70(5)(a)),]

[F13(da)has been removed from the office of charity trustee or trustee for a charity by a relevant order in Northern Ireland (see section 70(5)(b)),

(db)is subject to an order made by the Charity Commission for England and Wales under section 181A of the Charities Act 2011 disqualifying the person in relation to all charities,]

(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).

[F14(f)has been found to be in contempt of court by a court in England or Wales in civil proceedings for making a false disclosure statement, or making a false statement in a document verified by a statement of truth, or causing (in either case) such a statement to be made,

(g)has been found guilty of disobedience to—

(i)an order or direction of the Charity Commission for England and Wales on an application to the High Court of Justice in England and Wales under section 336(1) of the Charities Act 2011,

(ii)an order of the Charity Commission for Northern Ireland on an application to the High Court of Justice in Northern Ireland under section 174 of the Charities Act (Northern Ireland) 2008,

(h)is a designated person for the purposes of—

(i)regulations 8 to 12 of the ISIL (Da'esh) and Al-Qaida (United Nations Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/466),

(ii)regulations 11 to 15 of the Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/573),

(iii)regulations 11 to 15 of the Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/577),

(i)is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003.]

[F15(2A)Where—

(a)a person is subject to an order made by the Charity Commission for England and Wales under section 181A of the Charities Act 2011, and

(b)the order disqualifies the person in relation to a particular charity or type of charity,

the person is also disqualified from being a charity trustee in relation to that charity or type of charity.]

(3)A person referred to in subsection (2)(a) is not disqualified under subsection (1) [F16by reason of a conviction] if the conviction is spent by virtue of the Rehabilitation of Offenders Act 1974 (c. 53).

[F17(3A)A person referred to in subsection (2)(f) is not disqualified under subsection (1) by reason of a finding of contempt which, if it had been a conviction for which the person was dealt with in the same way, would be a spent conviction for the purposes of the Rehabilitation of Offenders Act 1974.]

(4)OSCR may, on the application of a person disqualified under subsection (1) [F18or (2A)], 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).

[F19(7)The Scottish Ministers may by regulations—

(a)modify this section so as to add or remove a person, or a description of a person, to or from the persons for the time being mentioned in or falling within this section as a person who is disqualified from being a charity trustee,

(b)modify the definitions in section 70 as Ministers consider appropriate in consequence of any modification of this section or otherwise.]

Textual Amendments

F9Words 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.

F10Words 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)

F11Words 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.

F12Words 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))