Charities (Regulation and Administration) (Scotland) Act 2023

4 Disqualification: offences

(1) The 2005 Act is modified as follows.

(2) In section 69 (disqualification from being charity trustee)—

(a) in subsection (2)(a)—

(i) before sub-paragraph (i) insert—

“(ai) an offence specified in section 69A,”,

(ii) in sub-paragraph (i), after “offence” insert “, not specified in section 69A,”,

(iii) sub-paragraph (ii) is repealed,

(b) in subsection (3), after “subsection (1)” insert “by reason of a conviction”.

(3) After section 69, insert—

“69A Disqualification: specified offences

(1) The following offences are specified for the purposes of section 69(2)(a)(ai)—

(a) an offence under this Act,

(b) an offence under section 77 of the Charities Act 2011 (offence of contravening certain orders),

(c) an offence under section 13 or 19 of the Terrorism Act 2000 (wearing of uniform etc, and failure to disclose information),

(d) an offence specified under section 41 or 42 of the Counter-Terrorism Act 2008 as an offence to which Part 4 of that Act applies,

(e) a money laundering offence within the meaning of section 415 of the Proceeds of Crime Act 2002,

(f) an offence under any of the following provisions of the Bribery Act 2010—

(i) section 1 (bribing another person),

(ii) section 2 (offences related to being bribed),

(iii) section 6 (bribery of foreign public officials),

(iv) section 7 (failure of commercial organisations to prevent bribery),

(g) an offence of perverting the course of justice (by whatever means and however the offence is described), including in particular—

(i) false accusation of a crime,

(ii) perjury,

(iii) prevarication on oath,

(iv) prison breaking,

(v) subornation of perjury,

(h) an offence of wilful neglect of duty by a public official,

(i) an offence, under the law of England and Wales, of misconduct in public office.

(2) An offence which has been superseded (whether directly or indirectly) by any offence specified in subsection (1) is also specified for the purposes of section 69(2)(a)(ai).

(3) In relation to an offence specified in subsection (1) or (2), the following offences are also specified for the purposes of section 69(2)(a)(ai)—

(a) an offence committed by aiding, abetting, counselling, procuring or inciting the commission of the offence,

(b) an offence committed by attempting or conspiring to commit the offence.

(4) The Scottish Ministers may by regulations modify this section to add or remove an offence.”.

(4) In section 103(5) (orders, regulations and rules), after paragraph (ca) (as inserted by section 5(5)), insert—

“(cb) regulations under section 69A(4)”.