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The Secretary of State, in exercise of the powers conferred upon him by sections 42, 44, 45 and 86(3) of the Charities Act 1993[1] and after such consultation as is mentioned in section 86(4) of that Act, hereby makes the following Regulations: Citation and commencement 1. These Regulations may be cited as the Charities (Accounts and Reports) Regulations 2000 and shall come into force on 15th November 2000. Interpretation 2. In these Regulations -
(b) has during the financial year in question -
(ii) received financial support from funds administered by a higher education funding council or further education funding council within the meaning of the said Act of 1992 in respect of expenditure incurred or to be incurred by the charity in connection with that institution; and (iii) incurred no expenditure for charitable purposes other than the purposes of that institution or any other such institution;
Form and content of statements of accounts
(b) which begins before that date if -
(ii) the charity trustees have not, before the date when these regulations come into force, either approved the accounts of the charity in respect of that financial year, or authorised the signature of an annual report in respect of that financial year in accordance with regulation 10(1)(c) of the 1995 Regulations.
(2) If the charity trustees make a determination under sub-paragraph (b) above, they shall also make a determination under regulation 7(1)(b) below, if they are required to prepare an annual report in respect of the financial year in question.
(b) a balance sheet which shall show the state of affairs of the charity as at the end of the financial year in respect of which the statement is prepared.
(5) The statement shall be prepared in accordance with the following principles, namely that -
(b) the balance sheet shall give a true and fair view of the state of affairs of the charity at the end of that year; (c) where compliance with the following requirements of this regulation would not be sufficient to give a true and fair view, the necessary additional information shall be given in the statement of accounts or in notes to the accounts; (d) if in special circumstances compliance with any of those requirements would be inconsistent with giving a true and fair view, the charity trustees shall depart from the requirement to the extent necessary to give a true and fair view.
(6) The statement -
(b) subject to the following three paragraphs of this regulation, shall, with respect to any amount required to be shown in the statement of financial activities or in the balance sheet, also show the corresponding amount for the financial year immediately preceding that to which the statement or balance sheet relates.
(7) Where that corresponding amount is not comparable with the amount to be shown for the item in question in respect of the financial year to which the statement of financial activities or balance sheet relates, the former amount shall be adjusted.
(b) regulation 7(e)(iii) of the 1995 Regulations shall have effect as if, for the reference to regulation 3 of those Regulations, there were substituted a reference to regulation 3 above, and as if, for the reference to paragraph 1 of Part III of Schedule 1 to the 1995 Regulations, there were substituted a reference to sub-paragraphs (a) and (b) of paragraph (5) of regulation 3 above.
Form and content: special cases
(b) the balance sheet shall give a true and fair view of the state of affairs of the charity at the end of that year.
Audit and independent examination
(b) regulation 7(e)(iii) of the 1995 Regulations shall have effect as if, for the reference to regulation 4 of those Regulations, there were substituted a reference to regulation 5 above, and as if for the reference to paragraph 1 of Part III of Schedule 1 to those Regulations, there were substituted a reference to regulation 5(4) above.
Annual reports
(b) which begins before that date if -
(ii) the charity trustees have not, before the date when these Regulations come into force, either authorised the signature of an annual report in respect of that financial year in accordance with regulation 10(1) (c) of the 1995 Regulations or approved a statement of accounts which has been prepared for the charity in respect of that financial year under regulation 3 of those Regulations.
(2) If the charity trustees make a determination under sub-paragraph (b) above, they shall also make a determination under regulation 3(1)(b) above, if they prepare a statement of accounts under section 42(1) of the 1993 Act in respect of the financial year in question and the charity is one to which regulation 3 above may apply.
(b) in the case of any financial year of a charity in which its gross income exceeds £250,000 -
(bb) any significant changes in those activities during the year; (cc) any important events affecting those activities which have occurred since the end of the year and any likely future developments in those activities; and (dd) where any fund of the charity was in deficit at the beginning of the financial year, the steps taken by the charity trustees to eliminate that deficit; and
(ii) contain a statement as to whether the charity trustees have given consideration to -
(bb) systems designed to mitigate those risks; and
(c) in either case, be dated and be signed by one or more of the charity trustees, each of whom has been authorised to do so.
(4) Subject to paragraphs (5) to (8) below, the information relating to a charity and to its trustees and officers which is required to be contained in that annual report shall be -
(b) the number assigned to it in the register and, in the case of a charitable company, the number with which it is registered as a company; (c) the principal address of the charity and, in the case of a charitable company, the address of its registered office; (d) particulars, including the date if known, of any deed or other document containing provisions which regulate the purposes and administration of the charity; (e) a description of the objects of the charity; (f) the name of any person or body of persons entitled by the trusts of the charity to appoint one or more new charity trustees, and a description of the method provided by those trusts for such appointment; (g) the name of any person who is a charity trustee of the charity on the date when the authority referred to in paragraph (3)(c) above is given, and, where any charity trustee on that date is a body corporate, the name of any person who is a director of the body corporate on that date; (h) the name of any other person who has, at any time during the financial year in question, been a charity trustee of the charity; (i) the name of any person who is a trustee for the charity on the date referred to in sub-paragraph (g) above; (j) the name of any other person who has, at any time during the financial year in question, been a trustee for the charity; (k) a description of the policies (if any) which have been adopted by the charity trustees -
(ii) for the selection of investments for the charity; and (iii) for the selection of individuals and institutions who are to receive grants out of the assets of the charity;
(l) a statement regarding the performance during the financial year of the investments belonging to the charity (if any);
(5) The Commissioners may, where they are satisfied that, in the case of a particular charity or class of charities, or in the case of a particular financial year of a charity or class of charities -
(b) the disclosure of the principal address of the charity in accordance with paragraph (4)(c) above could lead to any such person being placed in any personal danger,
dispense with the requirement -
(ii) in sub-paragraph (c) of that paragraph, so far as it applies to the principal address of the charity,
as the case may require.
(6) In the case of a charity having more than 50 charity trustees on the date referred to in paragraph (4)(g) above -
(b) paragraph (4)(h) shall have effect as if, at the end of the sub-paragraph, there were inserted the words "other than the name of any charity trustee whose name has been excluded from the report in pursuance of sub-paragraph (g) above".
(7) In the case of a report prepared under section 46(5) of the 1993 Act (excepted charities which are not registered), paragraph (4) above shall have effect as if -
(b) in sub-paragraph (b) the words "the number assigned to it in the register and,",
were omitted.
(b) after the words "investment fund established by a scheme" there shall be inserted the words "under section 22 of the Charities Act 1960 or".
(2) For regulation 4(7)(a) there shall be substituted the following -
(3) In regulation 9(2) -
(b) in sub-paragraph (c), after the words "have been" there shall be inserted the words "or will be".
1. Subject to paragraph 2 below, the information to be provided by way of notes to the accounts shall, insofar as not provided in the statement of financial activities or in the balance sheet, be as follows:
(b) a description of the accounting policies of, and assumptions made for the purposes of preparing the statement of accounts by, the charity trustees, including any material change in these, the reason for such change and its effect (if material) on the accounts, in accordance with the methods and principles set out in the SORP; (c) a description of the nature and purpose of all material funds of the charity in accordance with the methods and principles set out in the SORP; (d) such particulars of the related party transactions of the charity, or of any institution or body corporate connected with the charity, as may be required by the SORP to be disclosed; (e) such particulars of the cost to the charity of employing staff as may be required by the SORP to be disclosed; (f) such particulars of the emoluments of staff employed by the charity as may be required by the SORP to be disclosed; (g) particulars of the cost to the charity of -
(ii) indemnifying the charity trustees, or trustees for the charity, or any of them, in respect of the consequences of any such loss;
(h) a description of any incoming resources which represent capital, according to whether or not that capital is permanent endowment;
(ii) which was made by the charity to any institution or body corporate connected with the charity;
(m) particulars of any fund of the charity which is in deficit at the date of the balance sheet;
(ii) which may reasonably assist the user to understand the statement of accounts.
2.
Sub-paragraphs (g) and (w) of paragraph 1 above shall not apply in the case of any financial year of a charity in which the gross income of the charity does not exceed £250,000. (This note is not part of the Regulations) These Regulations, which extend only to England and Wales, make new provision with respect to the form and content of the accounts of charities and the annual reports of charity trustees for financial years which begin on or after 1 January 2001. They replace provision made by the Charities (Accounts and Reports) Regulations 1995 (S.I. 1995/2724) ("the 1995 Regulations"). There is an option for trustees to prepare accounts and reports in accordance with the new provision, rather than the 1995 Regulations, for earlier financial years. The requirements relating to the audit or examination of charity accounts continue to be set out in the 1995 Regulations, subject to the minor modifications made by regulations 4, 6 and 8. Regulation 3 prescribes the form and content of statements of accounts prepared by charity trustees under section 42(1) of the Charities Act 1993, and the methods and principles applicable. Regulation 3 and the Schedule prescribe the information to be provided by way of notes to the accounts. Regulation 5 prescribes the form and content of statements of accounts of registered social landlords and charities conducting higher and further education institutions. Regulation 7 deals with the annual reports which charity trustees are required to make to the Charity Commissioners. The Statement of Recommended Practice for Accounting and Reporting by Charities, which is referred to in Regulation 2, may be obtained from the Charity Commission, Harmsworth House, 13-15 Bouverie Street, London EC4Y 8DP, and from its website www.charity-commission.gov.uk Notes: [1] 1993 c. 10; section 42 was amended by the Charities Act 1993 (Substitution of Sums) Order 1995 (S.I. 1995/2696) and section 45 was amended by section 29 of the Deregulation and Contracting Out Act 1994 (c. 40) and by Part II of Schedule 1 to the Companies Act 1985 (Audit Exemption) Regulations 1994 (S.I. 1994/1935).back [4] 1988 c. 1. Section 129 was amended by section 72(1) of the Further and Higher Education Act 1992.back [5] 1992 c. 13. Section 28 was amended by paragraph 109 of schedule 37 to the Education Act 1996 (c. 56) and by paragraphs 33 and 38 of schedule 30 to the School Standards and Framework Act 1998 (c. 31).back [6] 1960 c. 58: section 22A was inserted by the Charities Act 1992 (c. 41).back
ISBN 0 11 018692 3
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