Statutory Instrument 1997 No. 220

      The Companies Act 1985 (Accounts of Small and Medium-sized Companies and Minor Accounting Amendments) Regulations 1997


      © Crown Copyright 1997

      Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

      The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

      It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

      The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Companies Act 1985 (Accounts of Small and Medium-sized Companies and Minor Accounting Amendments) Regulations 1997 , ISBN 0 11 063827 1. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

      Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

      To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.


STATUTORY INSTRUMENTS

1997 No. 220

COMPANIES

The Companies Act 1985 (Accounts of Small and Medium-sized Companies and Minor Accounting Amendments) Regulations 1997

  Made 29th January 1997 
  Laid before Parliament 5th February 1997 
  Coming into force 1st March 1997 


ARRANGEMENT OF REGULATIONS
1 . Citation, interpretation and commencement etc.
2 . Special provisions for small companies
3 . Special provisions for medium-sized companies
4 . Cases in which special provisions do not apply
5 . Special auditors' report
6 . Group accounts prepared by small company
7 . Minor and consequential amendments

SCHEDULES
Schedule 1 -  Form and content of accounts prepared by small companies
Schedule 2 -  Form and content of abbreviated accounts of small companies delivered to registrar

The Secretary of State, in exercise of the powers conferred on him by section 257 of the Companies Act 1985[1] and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, interpretation and commencement etc.
     1 .  - (1) These Regulations may be cited as the Companies Act 1985 (Accounts of Small and Medium-sized Companies and Minor Accounting Amendments) Regulations 1997.

    (2) In these Regulations "the 1985 Act" means the Companies Act 1985.

    (3) These Regulations - 

    (a) shall come into force on 1st March 1997; and

    (b) subject to paragraph (4), shall apply to annual accounts approved by the board of directors on or after that day, and to directors' and auditors' reports on such accounts.

    (4) A company may, with respect to a financial year of the company ending on or before 24th March 1997, prepare and deliver to the registrar of companies such annual accounts and directors' and auditors' reports as it would have been required to prepare and deliver had the amendments to the 1985 Act effected by these Regulations not been made.

Special provisions for small companies
    
2 .  - (1) For section 246 of the 1985 Act[2] there shall be substituted the following section - 

    (2) For Schedule 8 to the 1985 Act there shall be substituted the provisions set out in Schedule 1 to these Regulations.

    (3) After Schedule 8 to the 1985 Act there shall be inserted, as Schedule 8A, the provisions set out in Schedule 2 to these Regulations.

Special provisions for medium-sized companies
    
3 . After section 246 of the 1985 Act there shall be inserted the following section - 

Cases in which special provisions do not apply
    
4 . After section 247 of the 1985 Act[3] there shall be inserted the following section - 

Special auditors' report
    
5 . After section 247A of the 1985 Act there shall be inserted the following section - 

    (4) Section 236 (signature of auditors' report) applies to a special report under this section as it applies to a report under section 235.

    (5) If abbreviated accounts prepared in accordance with the relevant provision are delivered to the registrar, references in section 240 (requirements in connection with publication of accounts) to the auditors' report under section 235 shall be read as references to the special auditors' report under this section."

Group accounts prepared by small company
    
6 . After section 248 of the 1985 Act[4] there shall be inserted the following section-

Minor and consequential amendments
    
7 .  - (1) In subsection (5)(b) of section 171 of the 1985 Act (power of private companies to redeem or purchase own shares out of capital) after "paragraph 34 of Schedule 4" there shall be inserted "or paragraph 34 of Schedule 8".

    (2) In section 247(5) of the 1985 Act (calculation of balance sheet total for determining whether company small or medium-sized) after "Part I of Schedule 4" there shall be inserted "or Part I of Schedule 8".

    (3) In section 249C(6) of the 1985 Act (provisions of Part VII on which reporting accountant has to give opinion)[
5], for "section 246(1)(a) and (1A) and Section A of Part I of Schedule 8" there shall be substituted "section 246(2) and (3)".

    (4) In section 250 of the 1985 Act (resolution not to appoint auditors)[6] - 

    (a) in subsection (1)(b), for sub-paragraph (i) there shall be substituted - 

        " (i) is entitled in respect of its individual accounts for that year to prepare accounts in accordance with section 246(2), or would be so entitled but for the application of subsection (1)(a)(i) or (b) of section 247A, and," and

    (b) in subsection (4), for paragraph (d) there shall be substituted - 

      " (d) the company shall be treated as a company entitled to prepare accounts in accordance with section 246(2) notwithstanding that it is a member of an ineligible group."

    (5) In section 260(6) of the 1985 Act (meaning of "participating interest" in balance sheet and profit and loss account formats)[7] after "Schedule 4," there shall be inserted "Part I of Schedule 8, Schedule 8A,".

    (6) In the index of defined expressions set out in section 262A of the 1985 Act[8] - 

    (a) in the entry relating to "historical cost accounting rules", there shall be inserted at the appropriate place the words - 

    " - in Schedule 8 paragraph 29 of that Schedule";
    (b) in the entry relating to "listed investment", there shall be inserted at the appropriate place the words - 

    "  - in Schedule 8 paragraph 54 of that Schedule";
    (c) for the entry relating to "pension costs" there shall be substituted the following entry - 

    " pension costs - in Schedule 4 paragraph 94(2) of that Schedule
     - in Schedule 8 paragraph 59(2) of that Schedule
     - in Schedule 9 paragraph 87(b) of Part I of that Schedule
     - in Schedule 9A paragraph 86(b) of Part I of that Schedule";
    (d) in the entry relating to "provision", there shall be inserted at the appropriate place - 

    " - in Schedule 8 paragraphs 57 and 58 of that Schedule"; and
    (e) in the entry relating to "social security costs", there shall be inserted at the appropriate place - 

     - in Schedule 8 paragraph 59(1) and (3) of that Schedule".

    (7) In subsection (2)(b) of section 269 of the 1985 Act (treatment of development costs), after "paragraph 20 of Schedule 4" there shall be inserted "paragraph 20 of Schedule 8".

    (8) In paragraph (b) of section 276 of the 1985 Act (distributions in kind)[9] after "Schedule 4" there shall be inserted "or paragraphs 12(a) and 34(3)(a) of Schedule 8".

    (9) In paragraph 48(1) of Schedule 4 and paragraph 68(1) of Schedule 9A to the 1985 Act (statement in notes to accounts of details of indebtedness)[10], for paragraph (b) there shall be substituted - 

      " (b) in the case of any debts so included which are payable or repayable by instalments, the amount of any instalments which fall due for payment after the end of that period."

    (10) In Schedule 4A to the 1985 Act - 

    (a) paragraph 1(2) (application of paragraph 59 of Schedule 4 to group accounts)[11] is hereby repealed; and

    (b) in paragraph 19(2) (application of provisions of Schedule 4A to proportional consolidation) for "this Part" substitute "this Schedule".

    (11) Paragraph 2(1) (a) in Part II of Schedule 9 to the 1985 Act (application to accounts of banking groups of individual accounts provisions)[12] is hereby repealed.

    (12) Paragraph 1(2) (b) in Part II of Schedule 9A to the 1985 Act (application to accounts of insurance groups of individual accounts provisions)[13] is hereby repealed.

John M. Taylor
Parliamentary Under-Secretary of State for Corporate and Consumer Affairs, Department of Trade and Industry.

29th January 1997




Notes:

[1] 1985 c. 6: section 257 was substituted by section 20 of the Companies Act 1989 (c. 40). back

[2] Section 246 was substituted by section 13(1) of the Companies Act 1989 and amended by regulation 4 of S.I. 1992/2452 and regulation 7 of S.I. 1996/189. back

[3] Section 247 was substituted by section 13(1) of the Companies Act 1989 and amended by regulation 5 of S.I. 1992/2452 and by regulation 8 of S.I. 1996/189. back

[4] Section 248 was substituted by section 13(3) of the Companies Act 1989, and amended by regulation 9 of S.I. 1996/189. back

[5] Section 249C was inserted by S.I. 1994/1935. back

[6] Section 250 was inserted by section 14 of the Companies Act 1989, and amended by regulation 2 of S.I. 1992/3003, and by regulation 11 of S.I. 1996/189. back

[7] Section 260 was substituted by section 22 of the Companies Act 1989, and amended by regulation 5(1) of, and paragraph 4 of Schedule 2 to, S.I. 1993/3246. back

[8] Section 262A was inserted by section 22 of the Companies Act 1989 and was amended by regulation 6 of, and paragraph 3 of Schedule 2 to, S.I. 1991/2705, by regulation 5 of, and paragraph 5 of Schedule 2 to, S.I. 1993/3246, by regulation 4(2) of S.I. 1994/233, by regulation 4 of, and paragraph 3 of Schedule 1 to, S.I. 1994/1935, and by regulation 12(2) of S.I. 1996/189. back

[9] Section 276(b) was amended by section 23 of, and paragraph 7 of Schedule 10 to, the Companies Act 1989. back

[10] Paragraph 48 of Schedule 4 was amended by regulation 14(1) of, and paragraph 8 of Schedule 1 to, S.I. 1996/189. Schedule 9A was substituted by regulation 4 of, and Schedule 1 to, S.I. 1993/3246, and paragraph 68 of that Schedule was amended by regulation 14(7) of, and paragraph 11 of Schedule 5 to, S.I. 1996/189. back

[11] Schedule 4A was inserted by section 5(2) of, and Schedule 2 to, the Companies Act 1989; paragraph 1 of Schedule 4A was amended by regulation 14(2) of, and paragraph 2 of Schedule 2 to, S.I. 1996/189. back

[12] Parts I to III of Schedule 9 were inserted by regulation 5 of, and Schedule 1 to, S.I. 1991/2705, and amended by regulation 14(6) of, and Schedule 4 to, S.I. 1996/189. back

[13] Schedule 9A was inserted by regulation 4 of, and Schedule 1 to, S.I. 1993/3246, and amended by regulation 14(7) of, and Schedule 5 to, S.I. 1996/189. back




  continue
 
 

  Other UK SIs |  Home |  National Assembly for Wales Statutory Instruments |  Scottish Statutory Instruments |  Statutory Rules of Northern Ireland |  Her Majesty's Stationery Office

We welcome your comments on this site
© Crown copyright 1997
Prepared 4 February 1998