The Scottish Charity Regulator (OSCR) has recently published updated guidance on the automatic disqualification of individuals in preparation for legal changes under the Charities (Regulation and Administration) (Scotland) Act 2023. These changes will come into effect in summer 2025.
The reviewed guidance reflects on two significant updates:
1. Automatic disqualification will also apply to individuals undertaking a senior management function where the automatic disqualification provisions will no longer apply solely to charity trustees. They will also cover employees and volunteers undertaking senior management functions, regardless of job title, and these functions are detailed in the guidance.
2. Extended disqualification criteria including additional criteria that will automatically disqualify individuals from serving as a charity trustee or holding a senior management function in a charity. i.e. someone convicted of terrorism-related offences or listed on the sex offenders register will now be automatically disqualified.
All Scottish charities should take the time to familiarise themselves with the new guidance, assess what it means for their organisation and take any necessary actions.
These changes are in addition to the current restrictions which prevent individuals including those who are an undischarged bankrupt, who have an undischarged Protected Trust Deed (PTD) or someone who is disqualified from being a company director from being a charity trustee in Scotland.
OSCR has also updated its waiver application process that allows individuals who are disqualified to apply for permission to act in a charity role. This includes a revised application form with refreshed guidance to help applicants and affected charities understand the process. Read the Disqualification Guidance here.
