Trustees’ Due Diligence Declaration

Introduction

The appointment of trustees is an important issue for the Board of any charity and during the appointment process steps should be undertaken to seek assurance that an individual is not only qualified by virtue of their skills, but are legally able to serve as a trustee. The Board should also undertake steps to note any reputational issues that may come with the appointment of an individual and whether this may be mitigated, is outweighed by the benefit of appointment or presents too high a risk.

Legal Requirements

There are number of legal requirements to serve as a trustee or director outlined by the Charity Commission and Companies House respectively. HMRC also issues guidelines for charities claiming gift aid and the standards it expects of trustees and senior management. These have been summarised in the declaration section of the attached policy, to make candidatesaware of the requirements and to provide assurance to the National Museum of the Royal Navy (NMRN) that the criteria are met.

A DBS check is not recommended as the NMRN’s trustees are not directly involved in the day to day activities or with vulnerable users and the NMRN’s objectivesdo not explicitly include working with those at risk.

Searches and Checks

A number offree online tools exist that may be utilised to provide further assurance that a candidate’s declaration is reliable, however, consent (in accordance with the relevant Data Protection legislation)will be obtained before carrying out any searches. Declarations will be verified by the Governance Manager and any concerns will be reported to the Chair of the Nomination and Remuneration Committee to determine what actions should be taken.

A general internet search of information publically available will be undertaken to gain an understanding of a candidate’s reputation and whether this is likely to present any potential risk to the organisation. This is not a search to gain any sensitive personal information and only items relevant to reputation will be recorded.

A record of these searches will be retained for seven years after a successfulcandidate’s retirement or for one year after an unsuccessful appointment.

Review and Reporting

Under pre-appointment procedures and before an appointment is made, trustees will be required to submit a declaration to the National Museum of the Royal Navy to declare they are not disqualified and to consent to the relevant searches and checks being carried out. Trustees will be required to make fresh declarations at periods not exceeding three years and before the extension of any term of office. Trustees are required to promptly notify the National Museum of the Royal Navy and the appropriate bodies if any changes to declarations need to be made in the intervening periods. The information provided may be notified to the Charity Commission and Companies House in accordance with the relevant legislation.

Policy Review
Revision / Review History / Version 1
Issue Date: / 30/01/2018
Date of last completed review:
Date of next scheduled review:
Author: / Governance Manager
Approved by: / Nomination and Remuneration Committee
This policy will be reviewed formally after being in existence for a period of four years or sooner in the event of relevant new legislation or guidance emerging. Trustees will be notified of any amendments to it by the Governance Manager including the effective date of those changes.