Charities Act 2009


Persons disqualified for being trustees of a charitable organisation.

55.— (1) Subject to subsection (3), a person shall cease to be qualified for, and shall cease to hold, the position of charity trustee of a charitable organisation if that person—

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with creditors,

(c) is a company that is in the course of being wound up,

(d) is convicted on indictment of an offence,

(e) is sentenced to a term of imprisonment by a court of competent jurisdiction,

(f) is the subject of an order under section 160 of the Companies Act 1990 or is prohibited, removed or suspended from being a trustee of a scheme under the Pensions Acts 1990 to 2008,

(g) has been removed from the position of charity trustee of a charitable organisation by an order of the High Court under section 74.

(2) A person who, by virtue of subsection (1), is not qualified, or has ceased, to be a charity trustee of a charitable organisation may apply to the High Court for an order that he or she may hold the position of charity trustee of a particular charitable organisation or of a charitable organisation of a particular class, and the High Court may, upon such an application, make such an order if it considers that it would be in the public interest and in the best interests of the charitable organisation concerned or charitable organisations of the class concerned for it to make such an order.

(3) Where the High Court makes an order under subsection (2) in relation to a person, that person may, by virtue of that order, hold the position of charity trustee of—

(a) the charitable organisation to which the order relates, or

(b) a charitable organisation of the class to which the order relates,

but if, after the making of the order, any of the events referred to in subsection (1) (other than paragraph (a)) occurs, the order shall cease to have effect and the provisions of that subsection shall apply.

(4) The Authority shall establish and maintain a register of all persons who have ceased to hold the position of charity trustee of a charitable organisation by virtue of subsection (1).

(5) The Authority shall, from time to time, review each entry in the register established under this section and, if it becomes aware that any particular in that register is incorrect or has ceased to be correct, it shall make such alterations to that register as it considers necessary.

(6) The register established and maintained under this section shall be made available for inspection by members of the public at all reasonable times at the principal office of the Authority.