Management Committee Handbook

New Charity Law in Scotland: The Charities and Trustee Investment (Scotland) Act 2005 * new charity law upcoming OSCR | Changes to charity law after the Charities (Regulation and Administration) (Scotland) Act 2023

For more information you are advised to refer to Managing a Charity on OSCR; 

Managing a charity guidance

Given the seriousness of this issue interested readers should double-check the Act for the detail, but in summary a person is not allowed to be a charity trustee if he or she:

• has been convicted of an offence involving dishonesty (unless the conviction is spent)
• has been convicted of an offence under the Charities and Trustee Investment (Scotland) Act 2005 (unless the conviction is spent)
• is an undischarged bankrupt,
• has been removed, under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40) from being concerned in the management or control of any body – this was the section that dealt with misconduct etc under the old law
• has been removed under Section 34 of the Charities and Trustee Investment (Scotland) Act 2005 (i.e., by the Court of Session) from being concerned in the management or control of any body,
• has been removed from the office of charity trustee or trustee for a charity by the Charity Commission or the English High Court
• is disqualified under company law in Northern Ireland

The Office of the Scottish Charity Regulator (OSCR) has the power to waive disqualification upon the application of a disqualified person either generally or in relation to a particular charity or type of charity unless to do so would prejudice the operation of company legislation in Northern Ireland.

OSCR must tell the person that their disqualification has been waived.

It is an offence to act as a charity trustee while disqualified.

Regarding the age of management committee members, the rules relating to legal capacity or the authority to act on behalf of an organisation as a charity trustee are complicated. If a charity is proposing to appoint or elect a charity trustee under the age of sixteen, or about whom there is doubt about their capacity to act, the charity should seek legal advice. This area is governed by legislation other than the Charity and Trustee Investment (Scotland) Act. Those under the age of sixteen do not generally have the legal capacity to enter into the transactions associated with being a charity trustee.

(Information adapted from information published on the SCVO website or provided by SCVO).