The Office of the Scottish Charity Regulator is to publish updated guidance “in the coming months” ahead of tough new disqualification rules coming into force this year.

Under measures in the Charities (Regulation and Administration) (Scotland) Act 2023 the criteria for disqualification of charity leaders is to be expanded.

Those on the sex offenders register, individuals convicted of terrorism offences, and senior staff and volunteers within charities, will also be disqualified under the new roles set to come into force during the summer.

This updates the current criteria from the Charities and Trustee Investment (Scotland) Act 2005, which the 2023 legislation updates.

Current disqualification only applies to trustees and is focused on financial matters, including those who are bankrupt and those who have been disqualified from being a company director.

This expansion will bring Scotland in line with England and Wales where those convicted of sex offences and terrorism offences, as well as senior managers found to have mismanaged a charity, can also be disqualified. This was brough in through the Charities Act 2016.

This month the OSCR has refreshed the guidance to reflect that further changes are scheduled for the summer. It also covers the definition of a charity trustee, the current disqualification criteria, when exemptions apply and when such decisions around exemptions are made.

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