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Detail of outcome
Charity Commission publishes Explanatory Statement and Questions and Answers on the power to disqualify from being a trustee.
Detail of feedback received
Following the consultation period we have considered the responses and reviewed and significantly revised the Explanatory Statement on our approach to using the power to disqualify from being a trustee. We have also produced Questions and Answers to accompany the Explanatory Statement.
The Charities (Protection and Social Investment) Act 2016 gives the commission a power to disqualify individuals from acting as trustees. While a person is disqualified under this power they are also disqualified from holding senior management positions in the charity or charities concerned.
The power will enable the commission to disqualify, for a proportionate period, individuals who are unfit to be a trustee in order to protect a charity or charities generally, other trustees and the public.
The commission believes that its proposed approach to using the power is an appropriate and proportionate use of this new power. However, this is a significant new power and the commission is seeking views on its proposed approach set out in the policy paper.
Responses are welcomed from charities, professional advisers, members of the public, other regulators or public bodies that exercise similar powers and anyone with an interest in the charity sector.