Waiving trustee disqualification
Under the Charities Act (Northern Ireland) 2008 there are certain conditions that disqualify an individual from being the trustee of a charity, for example, where an individual has been made bankrupt or has previously been removed as a charity trustee.
Where an individual who is already a charity trustee becomes disqualified they must step down from their position. Any individual who is disqualified under the legislation must not apply for a position as a charity trustee.
There is provision for an individual who is disqualified to apply for a waiver of disqualification which can be granted at the discretion of the Charity Commission for Northern Ireland (the Commission). This may enable that individual to take up a position as trustee at a charity.
This Commission has produced guidance for individuals who are disqualified from being a charity trustee and wish to apply for a waiver of the disqualification. It sets out the charity law requirements, the reasons why an individual may be disqualified and the consequences for an individual who acts as a trustee while disqualified. It also provides detailed information on the process for applying for a waiver and what information may be required.
An online application form will be made available in the future. At present, an individual wishing to apply for a waiver of a disqualification from being a trustee should submit their request to the Commission in writing, using the contact information for the Commission detailed here, and marked for the attention of the Head of Compliance and Enquiries. The Waiving trustee disqualification guidance above sets out the information and supporting documentation that is required.