Decisions on waiving trustee disqualifications

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, either generally or in relation to a particular charity or class of charities. A waiver can be granted at the discretion of the Commission, which may enable that individual to take up a position as trustee at a charity. 

For more information on applying for a waiver of a disqualification, including what information may be required and how and the Commission’s waiver assessment processes,  please see our guidance, which is available here.

The spreadsheet in relation to applications to waive a trustee disqualification has been temporarily removed for consideration, following a recent legal ruling.