Ensuring compliance

When appointing a trustee, charities must ensure candidates are not automatically disqualified under the Charities Act 2011. Disqualifying reasons include unspent convictions for offences involving dishonesty or deception, bankruptcy, disqualification from company directorship, removal from trusteeship by the Charity Commission or High Court due to misconduct, and inclusion on the sex offenders' register.

To verify eligibility, charities should:

• Obtain a declaration from potential trustees confirming they are not disqualified.
• Check official registers, such as the Individual Insolvency Register and the Companies House disqualified directors register, to confirm the accuracy of the candidate's declaration.

If a disqualified individual wishes to serve as a trustee, they must apply to the Charity Commission for a waiver. Without this waiver, it is illegal for them to act in the trustee role.

By following these steps, charities can ensure compliance with legal requirements when appointing trustees.

When appointing a trustee, charities should check the following registers to ensure the individual is not disqualified:

1) Insolvency Register

To check for bankruptcy or debt relief restrictions.

Go to the Individual Insolvency register

2) Disqualified Directors Register

To verify if the person is banned from being a company director.

Go to the Companies House Disqualified Directors Register

3) Charity Commission Register of Removed Trustees

To confirm if the individual has been disqualified from trusteeship.

Go to the Charity Commission Register

4) Sex Offenders Register

This is not publicly accessible information, but should be disclosed by individuals when asked about unspent convictions not covered by the Rehabilitation of Offenders Act. Information can be verified with a basic DBS check.

Read more about DBS

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