We recently alerted you to the new requirements for submitting charity trustee information, and now we want to warn you about some upcoming challenges your charity may face.
As part of the changes introduced by the Charities (Regulation and Administration) (Scotland) Act 2023, a new set of automatic disqualification criteria is being implemented.
From 31 August 2025, the new rules will come into force and could see many individuals barred from acting in Scottish charities.
We understand that it can be a cause of anxiety when new guidelines are imposed, so we want to highlight what you need to do to avoid disqualification.
What are the new disqualification criteria?
For the most part, those who conduct business in a legitimate manner will not need to worry about the disqualification criteria.
This is because the criteria are focused on serious legal issues that cast doubt over someone’s capacity to operate a charity ethically.
Currently, you are automatically disqualified from being a charity trustee if you:
- Have a conviction for an offence involving dishonesty
- Are disqualified as a company director
- Have an undischarged bankruptcy or protected trust deed
- Have been removed as a trustee by the Court.
The new criteria have been expanded to include:
- Conviction of offences under bribery legislation
- Conviction under proceeds of crime legislation
- Conviction for perverting the course of justice
- A conviction of terrorism or association with a proscribed terrorist group
- Misconduct or negligence as a public official
- Disobedience with a court order
- Sexual offences
More importantly, the changes expand the scope of who can be disqualified.
Where once only trustees were subject to enhanced scrutiny, the new rules now relate to anyone undertaking a senior management function for a charity.
The work they conduct need not necessarily be reflected by their job title, as the only determining factor is the undertaking of work of a senior nature.
Even volunteers will be subject to the new rules if they undertake a senior management function.
What do I need to do to prepare for the new criteria?
It is the duty of individuals to check whether they may meet any of the criteria that could result in automatic disqualification.
However, if you are a trustee of a charity, then it is worth making everyone engaged with senior work aware of these criteria to avoid potential surprises disrupting the operations of your charity.
If an individual has hidden their ineligibility to work with a charity, then it could harm public perception when they are eventually exposed – a situation that would be worsened by the involvement of a trustee.
Under very special circumstances, it may be possible for the Office of the Scottish Charity Regulator (OSCR) to waive automatic disqualification.
If you are likely to be impacted by the new rules, then now is the time to file an application with OSCR to attempt to have it waived.
As the applications only opened on 30 June 2025, it is unclear yet how effective they are.
For those who are going to be disqualified, it is worth filing the application, as there is no avoiding the changes when they come into force at the end of August.
If you have any concerns about how this might affect the operations of your charity, we are on hand to offer advice.
While we are best placed to guide your charity’s financial health, we do care about the community and want to see charities succeed.
The new regulations are designed to boost transparency and accountability, so we will support your charity in aligning with this new ethos.
