Section 69 Disqualification from being charity trusteeI1

Scotland

(1)

The persons specified in subsection (2) are disqualified from being charity trustees F1(but see also subsection (2A)).

(2)

Those persons are any person who—

(a)

has been convicted of—

F2(ai)

an offence specified in section 69A,

(i)

an offence F3, not specified in section 69A, involving dishonesty,

F4(ii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

F5(i)

is an undischarged bankrupt F6(see section 70(3)),

F7(ii)

subject to a specified bankruptcy-related measure (see section 70(4)),

(c)

has been removed, under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40) or section 34 of this Act, from being concerned in the management or control of any body,

F8(d)

has been removed as a trustee, charity trustee, officer, agent or employee of a charity by a relevant order in England and Wales (see section 70(5)(a)),

F9(da)

has been removed from the office of charity trustee or trustee for a charity by a relevant order in Northern Ireland (see section 70(5)(b)),

(db)

is subject to an order made by the Charity Commission for England and Wales under section 181A of the Charities Act 2011 disqualifying the person in relation to all charities,

(e)

is subject to a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986 (c. 46) or the Company Directors Disqualification (Northern Ireland) Order 2002 (S.I.2002/3150).

F10(f)

has been found to be in contempt of court by a court in England or Wales in civil proceedings for making a false disclosure statement, or making a false statement in a document verified by a statement of truth, or causing (in either case) such a statement to be made,

(g)

has been found guilty of disobedience to—

(i)

an order or direction of the Charity Commission for England and Wales on an application to the High Court of Justice in England and Wales under section 336(1) of the Charities Act 2011,

(ii)

an order of the Charity Commission for Northern Ireland on an application to the High Court of Justice in Northern Ireland under section 174 of the Charities Act (Northern Ireland) 2008,

(h)

is a designated person for the purposes of—

(i)

regulations 8 to 12 of the ISIL (Da'esh) and Al-Qaida (United Nations Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/466),

(ii)

regulations 11 to 15 of the Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/573),

(iii)

regulations 11 to 15 of the Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/577),

(i)

is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003.

F11(2A)

Where—

(a)

a person is subject to an order made by the Charity Commission for England and Wales under section 181A of the Charities Act 2011, and

(b)

the order disqualifies the person in relation to a particular charity or type of charity,

the person is also disqualified from being a charity trustee in relation to that charity or type of charity.

(3)

A person referred to in subsection (2)(a) is not disqualified under subsection (1) F12by reason of a conviction if the conviction is spent by virtue of the Rehabilitation of Offenders Act 1974 (c. 53).

F13(3A)

A person referred to in subsection (2)(f) is not disqualified under subsection (1) by reason of a finding of contempt which, if it had been a conviction for which the person was dealt with in the same way, would be a spent conviction for the purposes of the Rehabilitation of Offenders Act 1974.

(4)

OSCR may, on the application of a person disqualified under subsection (1) F14or (2A), waive the disqualification either generally or in relation to a particular charity or type of charity.

(5)

OSCR must notify a waiver under subsection (4) to the person concerned.

(6)

OSCR must not grant a waiver under subsection (4) if to do so would prejudice the operation of the Company Directors Disqualification Act 1986 (c. 46) or the Company Directors Disqualification (Northern Ireland) Order 2002 (S.I.2002/3150).

F15(7)

The Scottish Ministers may by regulations—

(a)

modify this section so as to add or remove a person, or a description of a person, to or from the persons for the time being mentioned in or falling within this section as a person who is disqualified from being a charity trustee,

(b)

modify the definitions in section 70 as Ministers consider appropriate in consequence of any modification of this section or otherwise.

Annotations

Textual amendments

F1: Words in s. 69(1) inserted (30.6.2025 for specified purposes, 31.8.2025 in so far as not already in force) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 5(3)(a), 21(2); S.S.I. 2025/168, reg. 2(1)(2)(3), sch. Pts. 1, 2
F2: S. 69(2)(a)(ai) inserted (30.6.2025 for specified purposes, 31.8.2025 in so far as not already in force) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 4(2)(a)(i), 21(2); S.S.I. 2025/168, reg. 2(1)(2)(3), sch. Pts. 1, 2
F3: Words in s. 69(2)(a)(i) inserted (30.6.2025 for specified purposes, 31.8.2025 in so far as not already in force) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 4(2)(a)(ii), 21(2); S.S.I. 2025/168, reg. 2(1)(2)(3), sch. Pts. 1, 2
F4: S. 69(2)(a)(ii) repealed (30.6.2025 for specified purposes, 31.8.2025 in so far as not already in force) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 4(2)(a)(iii), 21(2); S.S.I. 2025/168, reg. 2(1)(2)(3), sch. Pts. 1, 2
F5: Words in s. 69(2)(b)(i) in s. 69(2)(b) renumbered as s. 69(2)(b)(i) (30.6.2025 for specified purposes, 31.8.2025 in so far as not already in force) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 5(2)(a)(i), 21(2); S.S.I. 2025/168, reg. 2(1)(2)(3), sch. Pts. 1, 2
F6: Words in s. 69(2)(b)(i) inserted (30.6.2025 for specified purposes, 31.8.2025 in so far as not already in force) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 5(2)(a)(ii), 21(2); S.S.I. 2025/168, reg. 2(1)(2)(3), sch. Pts. 1, 2
F7: S. 69(2)(b)(ii) inserted (30.6.2025 for specified purposes, 31.8.2025 in so far as not already in force) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 5(2)(a)(iii), 21(2); S.S.I. 2025/168, reg. 2(1)(2)(3), sch. Pts. 1, 2
F8: S. 69(2)(d) substituted (30.6.2025 for specified purposes, 31.8.2025 in so far as not already in force) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 5(2)(b), 21(2); S.S.I. 2025/168, reg. 2(1)(2)(3), sch. Pts. 1, 2
F9: S. 69(2)(da)(db) inserted (30.6.2025 for specified purposes, 31.8.2025 in so far as not already in force) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 5(2)(c), 21(2); S.S.I. 2025/168, reg. 2(1)(2)(3), sch. Pts. 1, 2
F10: S. 69(2)(f)-(i) inserted (30.6.2025 for specified purposes, 31.8.2025 in so far as not already in force) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 5(2)(d), 21(2); S.S.I. 2025/168, reg. 2(1)(2)(3), sch. Pts. 1, 2
F11: S. 69(2A) inserted (30.6.2025 for specified purposes, 31.8.2025 in so far as not already in force) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 5(3)(b), 21(2); S.S.I. 2025/168, reg. 2(1)(2)(3), sch. Pts. 1, 2
F12: Words in s. 69(3) inserted (30.6.2025 for specified purposes, 31.8.2025 in so far as not already in force) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 4(2)(b), 21(2); S.S.I. 2025/168, reg. 2(1)(2)(3), sch. Pts. 1, 2
F13: S. 69(3A) inserted (30.6.2025 for specified purposes, 31.8.2025 in so far as not already in force) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 5(3)(c), 21(2); S.S.I. 2025/168, reg. 2(1)(2)(3), sch. Pts. 1, 2
F14: Words in s. 69(4) inserted (30.6.2025 for specified purposes, 31.8.2025 in so far as not already in force) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 5(3)(d), 21(2); S.S.I. 2025/168, reg. 2(1)(2)(3), sch. Pts. 1, 2
F15: S. 69(7) inserted (30.6.2025 for specified purposes, 31.8.2025 in so far as not already in force) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 5(3)(e), 21(2); S.S.I. 2025/168, reg. 2(1)(2)(3), sch. Pts. 1, 2

Commencement

I1: S. 69 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1 (with art. 3(2)-(4))

Notes on Part 1

Textual amendments

F1: Pt. 1 Ch. 5A inserted (1.10.2010 for specified purposes, 1.11.2012 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 125(1), 134(7); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2012/218, art. 2

Notes on Chapter 9

Textual amendments

F1: Pt. 1 Ch. 9 title substituted (30.6.2025 for specified purposes, 31.8.2025 in so far as not already in force) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 6(4), 21(2); S.S.I. 2025/168, reg. 2(1)(2)(3), sch. Pts. 1, 2