1. Unspent convictions for specific offences
| Legal disqualifying reason | Legislation (where relevant) | Exceptions and notes |
Unspent conviction for an offence involving dishonesty or deception
Unspent conviction for specified terrorism offences | There is more information about what is meant by a dishonesty/deception offence at Annex A in the automatic disqualification guide
Offences:
– to which Part 4 of the Counter-Terrorism Act 2008 applies; or
– under sections 13 or 19 of the Terrorism Act 2000 under Part 2 of the Serious Crime Act 2007 (encouraging or assisting) in relation to the offence | |
Unspent conviction for a specified money laundering offence
Unspent conviction for specified bribery offences | A money laundering offence within the meaning of section 415 of the Proceeds of Crime Act 2002
An offence under sections 1, 2, 6 or 7 of the Bribery Act 2010 | A person is no longer disqualified by the automatic disqualification rules if and when their conviction is spent |
| Unspent conviction for the offence of contravening a Charity Commission Order or Direction | An offence under section 77 of the Charities Act 2011 – contravening a Commission Order or Direction | You can use this guidance from the charity Unlock to work out when your conviction becomes spent, and so no longer disqualifies you from being a charity trustee and from holding certain senior manager positions at a charity
You can also look at the Nacro website or at GOV.UK for information about when convictions become spent |
| Unspent conviction for offences of misconduct in public office, perjury, or perverting the course of justice | In relation to offences at 1 – 6 above, an offence of:
– attempt, conspiracy, or incitement to commit the offence
– aiding, or abetting, counselling or procuring the commission of the offence
– under Part 2 of the Serious Crime Act 2007 (encouraging or assisting) in relation to the offence | |
2. Other legal disqualifying reasons – non financial
| Legal disqualifying reason | Legislation (where relevant) | Exceptions and notes |
Being on the sex offenders register
| Where a person is subject to notification requirements of Part 2 of the Sexual Offences Act 2003, commonly referred to as being on the sex offenders register | Note – If these notification requirements apply to a person, they are disqualified by the automatic disqualification rules even if their offence is spent |
| Unspent sanction for contempt of Court | Where a person has been found to be in contempt of court for making, or causing to be made, a false statement or making (or causing to be made) a false statement in a document verified by a statement of truth | A person is no longer disqualified by the automatic disqualification rules if and when the sanction for contempt becomes spent |
| Disobeying a Commission Order | Where a person has been found guilty of disobedience to an order or direction of the Commission under section 336(1) of the Charities Act 2011 | |
Being a designated persons (under specific anti-
terrorist legislation) | Where a person is a designated person for the purposes of:
– Part 1 of the Terrorist Asset-Freezing etc. Act 2010; or
– The Al Qaida (Asset Freezing) Regulations 2011 | |
Being a person who has been removed from a relevant office
| Where a person has been removed:
– from the office of charity trustee, officer, agent or employee of a charity by an Order of the Commission under s79 of the Charities Act 2011, or earlier relevant legislation, or by a High Court Order, on the grounds of any misconduct or mismanagement in the administration of the charity
– under s34(5)(e) of the Charities and Trustee Investment (Scotland) Act 2005, or earlier relevant legislation, from being concerned in the management or control of any body | |
| Director disqualification | Where a person is subject to:
– a disqualification Order under the Company Directors Disqualification Act 1986 or The Company Directors Disqualification (Northern Ireland) Order 2002 (SI2002/3150; (N.I.4)); or
– an Order made under s429(2) of the Insolvency Act 1986 (failure to pay under a County Court administration order) | Exception
There is no disqualification if the court has granted leave for a person to act as director of the charity (as described in section 180 of the Charities Act 2011) |
3.Other legal disqualifying reasons – financial
| Legal disqualifying reason | Legislation (where relevant) | Exceptions and notes |
| Insolvency | Where a person is:
an undischarged bankrupt
subject to any of the following:
– an undischarged sequestration Order
– a bankruptcy restrictions Order
– an interim Order
– a moratorium period under a debt relief Order under Part 7A of the Insolvency Act 1986
– a debt relief restrictions Order or an interim Order under Schedule 4ZB to the Insolvency Act 1986
Where a person has made a composition or arrangement with, or granted a trust deed for, their creditors and has not been discharged in respect of it | Exception
There is no disqualification for these reasons if the charity concerned is a company or CIO and leave has been granted under s11 of the Company Directors Disqualification Act 1986 (undischarged bankrupts) for a person to act as director of the charity (s180 Charities Act 2011) |
