Effective date: 1 August 2018
Impact: Affects Trustees and Senior Management (previously Trustees only) and extends the reasons a post holder can be disqualified from holding that post.
Full Guidance: Click here
The key changes to the auto-disqualification rules are:
- To extend the categories of persons affected to now include both Trustees and Senior Managers (i.e. those running the charity) as determined by the functions carried out rather than job titles
- To extend the reasons for disqualification by extending the types of unspent convictions – see Auto_disqualification_table
So what do you need to do?
- Existing appointments – provide all Trustees and senior management with a copy of the disqualification table (see link above) and ask them to complete a declaration form stating that they are not disqualified from holding their post. If an individual is caught by new rules they must resign their position immediately pending obtaining a “waiver” – see below
- New appointments – as part of your recruitment process include a declaration form for candidates to complete to confirm that they are not disqualified from holding the post
- Contracts of employments – ensure employment contracts include how disqualification will be handled where this occurs whilst an employee is in post
What if a disqualified Trustee / Senior manager wants to remain in post?
There is an option to apply to the Charity Commission for a waiver of the disqualification, applicants must have the support of the Board and the waiver must be in place BEFORE returning to post
What if a waiver is not granted?
- There are other ways to be involved in the Charity which include volunteering or consulting, however the individual may not be involved in the running of the charity
Acting when disqualified is a criminal offence so systems and processes are therefore going to be key to ensuring compliance, you are at risk if you do nothing!
For any further advice or questions please contact Deborah Austin.