Charity Trustee Disqualification

Scottish charity law has specific criteria for disqualifying individuals from serving as charity trustees in Scotland. Anyone acting as a charity trustee while disqualified is committing an offence, which could result in fines or imprisonment. You can find more details in OSCR’s most up to date guidance here.

From 31 August 2025 some senior managers will now also be subject to the same disqualifying criteria as charity trustees. OSCR guidance is here

Charities should conduct due diligence checks prior to anyone’s appointment as a charity trustee or to some senior manager positions. Charities should therefore:

• Ask potential trustees to sign an appropriate declaration and ask existing trustees to update their declaration with the new disqualification criteria.
• Search OSCR’s new register of people who have been permanently disqualified by the Courts from being a charity trustee.

People who would be automatically disqualified and are wanting to become charity trustees or take on some senior management roles can apply to OSCR for a waiver. The waiver application process allows individuals who are disqualified to apply for permission to act in a charity role: OSCR Waiver form and guidance

Further reading and links

OSCR - Changes to rules about automatic disqualificaiton (video)

OSCR - Guidance on disqualification criteria for charity trustees and those undertaking a senior management function

OSCR - Criteria for disqualification

For further free, well-informed information, find your local Third Sector Interface (TSI) at the directory page here