The government has launched a consultation on the extension of the Charity Commission’s powers to tackle extremism, with a view to strengthening the Charity Commission’s powers to disqualify individuals from acting as trustees or senior managers of charities. Published on 14 October, with draft regulations, the proposals form part of the government’s wider work to tackle extremism and other abuse within charities.
Expanding automatic disqualification
The first set of proposals would extend the circumstances in which an individual is automatically disqualified under the Charities Act 2011 (“CA 2011”).
The existing regime already covers offences including dishonesty, money laundering, bribery and terrorism. The proposed regulations would add a considerably wider range of offences. These include:
Offences concerning the stirring up of racial or religious hatred, or hatred on grounds of sexual orientation, under the Public Order Act 1986
Racially or religiously aggravated offences under the Crime and Disorder Act 1998
A range of national security offences
Supplying false or misleading information to the Commission under section 60 CA 2011 would also become a disqualifying offence, in addition to already carrying fines and potential imprisonment of up to two years.
The consultation includes a set of planned draft regulations, which would apply to existing as well as future convictions. There would, however, be a six-month transitional period during which an affected trustee could apply to the Commission for a waiver. Where an application remained undecided at the end of that period, the disqualification would remain suspended pending determination.
A new discretionary power concerning extremist views
Perhaps the most significant proposal is an extension of the Commission’s existing discretionary disqualification power under section 181A CA 2011.
A new ground for disqualification would apply where a person who holds, or has held, a specified role in a charity has engaged in conduct or expressed views which promote or encourage violence or racial or religious hatred, or which would be reasonably likely to do so. Importantly, the draft provision is not confined to conduct undertaken in the course of the person's charity role.
Another new ground would cover people who have been deprived of British citizenship or excluded from the UK in the circumstances specified in the regulations.
These proposals sit within a difficult area for charity regulation. There is no universally accepted definition of extremism. Trustees already have to navigate the boundaries between freedom of expression and their duties under charity law, including the rules on political campaigning and Charity Commission guidance on social media use.
The breadth of the proposed regime therefore raises potentially important questions about freedom of expression and the appropriate limits of charity regulation, as well as its practical impact on charities. The draft regulations are still only proposals, and the government is expressly seeking evidence about their potential equalities impact.
Charities, trustees and sector bodies wishing to comment have until 23 December 2026 to respond to the government consultation.
If you have any questions or would like any advice, please contact Neil Burton or Sarah Williams.
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