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Liza toni (Deputy Head of Guidance & Practice) talks about the automatic disqualification rules coming into force on the 1 August 2018, and how you can prepare.

Almost anyone can run a charity, but restrictions mean some people are automatically prevented (disqualified) from being able to do this unless they have clearance from the Charity Commission.

These restrictions are being added to, and they will apply to a wider group of people. The Office for Civil Society (OCS) published details of the changes to the law and the timetable on the 17 January 2018, so that charities and individuals have at least 6 months to prepare for their introduction on 1 August 2018.

Writing this now in the winter, the changes due in the summer seem a long way off but both OCS and the Commission want to allow plenty of time for those who will be affected to prepare.

My blog provides a quick tour of the changes and what they mean for charities and individuals who run them. If you need more detailed information, read our guidance on GOV.

So, who needs to know about this? Well, all charities do because they’ll need to update their recruitment and post appointment practices to reflect these changes.

It’s also important that people who run charities know about the changes: you will need to make sure that the restrictions don’t apply to you. If they do apply, you will need either to get clearance (a waiver) from us to continue to act in your role, or stand down. We don’t think many will actually be affected by the changes, but it’s important to check.

One of the main changes will see the automatic disqualification regime extended to ‘senior managers’ – at the moment it is limited to trustees but from 1 August, those in the role of chief executive or finance director (or equivalent) will also be affected.

Disqualification won’t depend on the title of the post but on the responsibilities and accountability of the actual role. Our guidance for individuals gives some detailed help with these definitions. It’s important to be clear that no restrictions apply to these senior manager roles until 1 August 2018.