Schedule Individuals disqualified from acting as charity trustees of a foundation

The following individuals may not act or continue to act as a charity trustee of a foundation—

A person who is—

(a)

included in the list kept under section 1 of the Protection of Children Act 1999^f1 (list of those considered by the Secretary of State as unsuitable to work with children);

(b)

subject to a direction of the Secretary of State under section 142 of the Education Act 2002 ^f2 (or any other disqualification, prohibition or restriction which takes effect as if contained in such a direction);

(c)

disqualified from working with children under sections 28, 29 or 29A of the Criminal Justice and Court Services Act 2000^f3;

(d)

disqualified from registration under Part 10A of the Children Act 1989^f4 for child minding or providing day care; or

(e)

disqualified from registration under Part 3 of the Childcare Act 2006^f5.

A person who either during his trusteeship of the foundation, or in the period of five years ending with the date on which his trusteeship of the foundation would otherwise have taken effect, has been convicted, whether in the United Kingdom or anywhere else, of an offence, the facts of which give rise to a criminal offence under English law, and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine.

A person who within the period of 20 years ending with the date on which his trusteeship of the foundation would otherwise have taken effect has been convicted as stated in paragraph 2 of any offence and has had passed on him a sentence of imprisonment for a period of not less than two and a half years.

A person who at any time has been convicted as stated in paragraph 2 of any offence and has had passed on him a sentence of imprisonment for a period of not less than five years.

A person who has not obtained a criminal records certificate under section 113A of the Police Act 1997^f6.

A person who has not attained the age of 18.

A person who is detained under the Mental Health Act 1983^f7.

A person who is paid to work at a school for which the foundation acts, except for the head teacher.

Annotations

Footnotes

f1: 1999 c. 14; as amended by the Care Standards Act 2000 (c.14).
f2: 2002 c. 32.
f3: 2000 c. 43; section 29A is inserted by the Criminal Justice Act 2003 (c. 44).
f4: 1989 c. 41; inserted by the Care Standards Act 2000 (c.14).
f5: 2006 c. 21.
f6: 1997 c.50; inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (c.15).
f7: 1983 c.20.