City of Winchester Trust
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The City of Winchester Trust Ltd

INFORMATION PACK FOR
TRUST COUNCIL MEMBERS



03 ELIGIBILITY FOR TRUSTEESHIP



Please read this carefully and ensure that you are eligible to be a trustee of the City of Winchester Trust.



Who can be a Trustee?


Minimum Age


• The Constitution of the Trust requires a person to be at least 18 years. This overrides the general law that requires trustees of charitable companies to be at least 16.


Disqualification


You must not act as a trustee if you are disqualified under the Charities Act 2011. This includes if you:

• Are disqualified as a company director

• Have an unspent conviction for an offence involving dishonesty or deception (such as fraud)

• Are an undischarged bankrupt, or have a current composition or arrangement including an individual voluntary arrangement (IVA) with your creditors

• Have been removed as a trustee of any charity by the commission (or the court) because of misconduct or mismanagement.

If the Trust wants to appoint someone who is disqualified as a trustee, the Trust can apply to the Charity Commission for a waiver. Whether the Commission can grant a waiver will depend on the particular circumstances.


Fit and proper persons


Charities that want to claim UK tax reliefs and exemptions (eg Gift Aid) must meet the management condition in the Finance Act 2010. This requires all of the charity’s managers (including trustees) to be ‘fit and proper persons’. This requirement is intended to prevent the misuse of charitable funds and tax reliefs for non-charitable purposes. Factors that may lead HMRC to decide that a manager is not a ‘fit and proper person’ include:

• Involvement in tax fraud, misrepresentation or identity theft

• Past abuse of tax repayment schemes

• Use of a tax avoidance scheme facilitated by the use of a charity or charitable reliefs

• Involvement in designing or promoting tax avoidance schemes

• Being barred from acting as a charity trustee or disqualification from acting as a company director


Working with children and vulnerable adults


Some people are barred by the Disclosure and Barring Service (DBS) from specified kinds of work involving contact with children or vulnerable adults (regulated activity). This does not apply to the Trust in the range of activities it currently engages in.



[Revised March 2016]