Policy paper

The discretionary disqualification power

Explanatory Statement and questions and answers on the power to disqualify from being a trustee.

• From: The Charity Commission
• Published: 1 December 2016

Applies to England and Wales

Documents

Explanatory statement: the discretionary disqualification power

PDF, 239 KB, 16 pages

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Questions and answers: the discretionary disqualification power

PDF, 209 KB, 11 pages

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Details

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 unless the commission has specified an exception in the disqualification order.

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.

Published 1 December 2016