Article 89 Persons disqualified for being trustees of a charity
Subject to the following provisions of this Article, a person shall be disqualified for being a charity trustee or trustee for a charity if—
he has been convicted of any offence involving dishonesty or deception;
he has been adjudged bankrupt or sequestration of his estate has been awarded and (in either case) he has not been discharged;
he has made a composition or arrangement with, or granted a trust deed for, his creditors and has not been discharged in respect of it;
he has been removed from the office of charity trustee or trustee for a charity by an order made—
by the Commission under Article 35(2)(b)(i), or
by the Court,
on the grounds of any misconduct or mismanagement in the administration of the charity for which he was responsible or to which he was privy, or which he by his conduct contributed to or facilitated;
he is subject to a disqualification order or a disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002 (NI 4) or the Company Directors Disqualification Act 1986 (c. 46).
In paragraph (1)—
sub-paragraph (a) applies whether the conviction occurred before or after the commencement of that paragraph, but does not apply in relation to any conviction which is a spent conviction for the purposes of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (NI 27);
sub-paragraph (b) applies whether the adjudication of bankruptcy or the sequestration occurred before or after the commencement of that paragraph;
sub-paragraph (c) applies whether the composition or arrangement was made, or the trust deed was granted, before or after the commencement of that paragraph; and
sub-paragraphs (d) and (e) apply in relation to orders made and removals effected before or after the commencement of that paragraph.
Where (apart from this paragraph) a person is disqualified under paragraph (1)(b) for being a charity trustee or trustee for any charity which is a company, he shall not be so disqualified if leave has been granted under Article 15 of the Company Directors Disqualification (Northern Ireland) Order 2002 or section 11 of the Company Directors Disqualification Act 1986 (undischarged bankrupts) for him to act as director of the charity; and similarly a person shall not be disqualified under paragraph (1)(e) for being a charity trustee or trustee for such a charity if—
in the case of a person subject to a disqualification order or a disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002, leave for the purpose of Article 3(1)(a) or 4(1)(a) of that Order has been granted for him to act as director of the charity,
in the case of a person subject to a disqualification order or a disqualification undertaking under the Company Directors Disqualification Act 1986, leave for the purpose of section 1(1)(a) or 1A(1)(a) of that Act has been granted for him to act as a director of the charity.
The Commission may, on the application of any person disqualified under paragraph (1), waive his disqualification either generally or in relation to a particular charity or a particular class of charities; but no such waiver may be granted in relation to any charity which is a company if—
the person concerned is for the time being prohibited, by virtue of—
a disqualification order or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002, or
Article 15(1), 16(2) or 17 of that Order (undischarged bankrupts; failure to pay under administration order, etc.),
from acting as director of the charity; and
leave has not been granted for him to act as director of any other company.
If—
a person disqualified under paragraph (1)(d) makes an application under paragraph (4) five years or more after the date on which his disqualification took effect, and
the Commission is not prevented from granting the application by virtue of sub-paragraphs (a) and (b) of paragraph (4),
the Commission must grant the application unless satisfied that, by reason of any special circumstances, it should be refused.
Any waiver under paragraph (4) shall be notified in writing to the person concerned.
For the purposes of this Article the Commission shall keep, in such manner as it thinks fit, a register of all persons who have been removed from office as mentioned in paragraph (1)(d) either—
by an order of the Commission, or
by an order of the Court;
and, where any person is so removed from office by an order of the Court, the Court shall notify the Commission of his removal.
The entries in the register kept under paragraph (7) shall be available for public inspection in legible form at all reasonable times.