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Statutory Instruments

2008 No. 629

Charities

The Charities (Accounts and Reports) Regulations 2008

Made

6th March 2008

Laid before Parliament

10th March 2008

Coming into force

1st April 2008

Contents

Go to Preamble

  1. PART 1

    GENERAL

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Financial year of a charity which is not a company

    4. 4.Application, revocation, savings and transitional provisions

  2. PART 2

    FORM AND CONTENT OF STATEMENTS OF ACCOUNT

    1. 5.General

    2. 6.Form and content of statement of accounts: investment funds

    3. 7.Form and content of statement of accounts: special case charities

    4. 8.Form and content of statement of accounts: charities other than investment funds or special case charities

  3. PART 3

    PREPARATION OF GROUP ACCOUNTS

    1. CHAPTER 1

      GENERAL

      1. 9.Meaning of “aggregate gross income”

      2. 10.Financial years of subsidiary undertakings

      3. 11.Requirement for financial years of a parent charity and its subsidiary undertakings to coincide

    2. CHAPTER 2

      FORM AND CONTENT OF GROUP ACCOUNTS

      1. 12.Form and content of group accounts: general

      2. 13.Form and content of group accounts: parent charities that are investment funds

      3. 14.Form and content of group accounts: parent charities that are special case charities

      4. 15.Form and content of group accounts: parent charities that are not investment funds or special case charities

      5. 16.Form and content of group accounts: general requirements

      6. 17.Group Accounts: departure from the general rules

    3. CHAPTER 3

      EXCEPTIONS TO THE REQUIREMENT TO PREPARE GROUP ACCOUNTS

      1. 18.Exceptions relating to requirement to prepare group accounts

  4. PART 4

    SCRUTINY OF ACCOUNTS

    1. CHAPTER 1

      GENERAL

      1. 20.Duties of auditors: general

      2. 22.Duties of examiners: general

    2. CHAPTER 2

      AUDIT OF INDIVIDUAL CHARITY ACCOUNTS

      1. 24.Duties of auditors: audit of a statement of accounts prepared under section 42(1) of the 1993 Act

      2. 25.Duties of auditor: audit of accounts prepared under Part 7 of the Companies Act 1985

      3. 26.Duties of auditors: audit of a receipts and payments account and a statement of assets and liabilities prepared under section 42(3) of the 1993 Act

      4. 27.Duties of auditors of the accounts of English National Health Service Charities

      5. 28.Duties of auditors of accounts of Welsh National Health Service Charities

    3. CHAPTER 3

      AUDIT OF GROUP ACCOUNTS

      1. 29.Audit of accounts of larger groups

      2. 30.Duties of auditors carrying out an audit of group accounts under paragraph 6 of Schedule 5A to the Charities Act 1993

    4. CHAPTER 4

      INDEPENDENT EXAMINATION OF INDIVIDUAL CHARITY ACCOUNTS

      1. 31.Independent examination of individual charity accounts

    5. CHAPTER 5

      EXAMINATION OF THE ACCOUNTS OF ENGLISH AND WELSH NATIONAL HEALTH SERVICE CHARITIES

      1. 32.Examination of the accounts of English and Welsh National Health Service Charities

    6. CHAPTER 6

      MISCELLANEOUS

      1. 33.Audit and independent examination: supplementary provisions

      2. 34.Dispensations from audit or examination requirements

      3. 35.Ceasing to hold office

      4. 36.Auditors appointed by the Commission

  5. PART 5

    ANNUAL REPORTS

    1. 37.General

    2. 38.Annual Reports: non-parent investment fund

    3. 39.Annual Reports: parent investment funds

    4. 40.Annual reports: non-parent charity

    5. 41.Annual Reports: qualifying parent charities

  6. SCHEDULE 1

    STATEMENTS OF ACCOUNTS: INVESTMENT FUNDS

  7. SCHEDULE 2

    NOTES TO THE STATEMENT OF ACCOUNTS PREPARED BY A CHARITY THAT IS NOT AN INVESTMENT FUND OR SPECIAL CASE CHARITY

Go to Explanatory Note

The Minister for the Cabinet Office makes the following Regulations in exercise of the powers conferred by sections 42, 44, 45 and 86(3) of and paragraphs 3, 4, 6, 10 and 15 of Schedule 5A to the Charities Act 1993(1).

In accordance with section 86(4) of that Act he has consulted such persons and bodies of persons as he considers appropriate.

(1)

1993 c.10. Section 42 was amended by the Charities Act 1993 (Substitution of Sums) Order 1995 (S.I. 1995/2696) and by the Charities Act 2006 (c. 50), Schedule 8, paragraph 133. Section 44 was amended by the Charities Act 2006, Schedule 8, paragraphs 96 and 137. Section 45 was amended by the Deregulation and Contracting Out Act 1994, section 29, the Companies Act 1985 (Audit Exemption) Regulations 1994 (S.I. 1994/1935), the Regulatory Reform (National Health Service Charitable and Non-charitable Trust Accounts and Audit) Order 2005 and the Charities Act 2006, Schedule 7 and Schedule 8, paragraphs 96 and 138. The amendments made to section 45 by Schedule 7 to the Charities Act 2006 are not yet in force. Sections 43 to 47 of and Schedule 5A to the 1993 Act were also amended by the Charities Act 2006 (Charitable Companies Audit and Group Accounts) Order 2008 (S.I. 2008/527). The amendments made by that Order have effect in relation to financial years of charities beginning on or after 1st April 2008. Section 86 was amended by the Trustee Act 2000 (c. 29), Schedule 2, paragraph 2 and Schedule 4, the Charities and Trustee Investment (Scotland) Act 2005 (asp. 10), Schedule 3, paragraph 9, and the Charities Act 2006 (c. 50), Schedule 7, paragraph 6 and Schedule 8, paragraph 165. The amendments made by Schedule 7 of the 2006 Act are not yet in force. The functions exercisable by the Secretary of State under sections 43 to 45 of the Charities Act 1993 were transferred to the Minister for the Cabinet Office by the Transfer of Functions (Third Sector, Communities and Equality) Order 2006 (S.I. 2006/2951). Back [1]

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