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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 DirectionAn offence under section 77 of the Charities Act 2011 – contravening a Commission Order or DirectionYou 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 justiceIn 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 reasonLegislation (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 registerNote – 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 CourtWhere 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 truthA person is no longer disqualified by the automatic disqualification rules if and when the sanction for contempt becomes spent
Disobeying a Commission OrderWhere 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 disqualificationWhere 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 reasonLegislation (where relevant)Exceptions and notes
InsolvencyWhere 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)

See also