4th Ashby will
- Review the Trustee Who's Who Form after every AGM
- Keep the Fit and Proper Declaration forms for 4 years after a trustee has left
- Ask any new members of the trustees to fill in a Fit and Proper declaration and return it to the Treasurer
- to ensure that all trustee requirements are met
Why is there a ‘fit and proper persons’ test?
Helpsheets can be found on the HMRC website; however, the ‘fit and
proper persons’ test is a statutory requirement for all charity
trustees. The test requires that individuals who are ’managers’ of the
charity, CASC or other organisation are ’fit and proper persons’ to be
managers of such a body. It exists to ensure that charities, CASCs and
other organisations entitled to charity tax reliefs are not managed or
controlled by individuals who might misuse the tax reliefs the
organisation receives.
What does ‘fit and proper’ mean?
An individual is ‘a fit and proper person’ if they ensure, or are
likely to ensure, that charity funds and tax reliefs are used only for
charitable purposes. Some people are disqualified by law from acting as
charity trustees. Subject to regulatory waiver provisions, this
includes anyone who:
- has an unspent conviction for an offence involving dishonesty or deception; or
- is currently declared bankrupt (or is subject to bankruptcy restrictions or an interim order or sequestration in Scotland) or has an individual voluntary arrangement (IVA) with creditors; or
- is disqualified from being a company director; or
- has previously been removed as a trustee from any charity by any charity regulator in the UK (or a court) due to misconduct or mismanagement; or
- is disqualified from being a trustee by an order of the Charity Commission for England and Wales, the Office of Scottish Charity Regulator or the Charity Commission for Northern Ireland.
What is the requirement of a Trustee?
- All members of the Board of Trustees are Charity Trustees of the Scout Group.
- Only persons aged 18 and over may be full voting members of the Group Trustee Board because of their status as Charity Trustees (however, the views of young people in the Group must be considered).
- Certain people are disqualified from being Charity Trustees under the Charities Acts. (See rule 13.1)
- Charity Trustees are responsible for ensuring compliance with all relevant legislation, including the Data Protection Act.