Regulation 10 Signing, approval and publication of statement of accountsI1

England and Wales

(1)

The responsible financial officer of a larger relevant body must, no later than F131 May immediately following the end of a year, sign and date the statement of accounts, and certify that it presents a true and fair view of the financial position of the body at the end of the year to which it relates and of that body’s income and expenditure for that year.

(2)

A larger relevant body must, no later than F231 July in the year immediately following the end of the year to which the statement relates—

(a)

consider either by way of a committee or by the members meeting as a whole the statement of accounts;

(b)

following that consideration, approve the statement of accounts by a resolution of that committee or meeting;

(c)

following approval, ensure that the statement of accounts is signed and dated by the person presiding at the committee or meeting at which that approval was given; and

(d)

publish (which must include publication on the body’s website) the statement of accounts together with any certificate, opinion or report issued, given or made by the auditor under sections 23(2) (general report)^f1 and 33 (advisory notices)^f2 of the 2004 Act before the date of publication, or, if the publication takes place prior to the conclusion of the audit and no such opinion has been given, together with a declaration and explanation of the fact that at the date of publication the auditor has given no opinion.

(3)

The responsible financial officer must re-certify the presentation of the statement of accounts before the relevant body approves it.

(4)

If the responsible financial officer does not comply with paragraph (1) or (3), the larger relevant body must—

(a)

publish immediately a statement setting out the reasons for the officer’s non-compliance; and

(b)

agree to a course of action to ensure compliance as soon as possible.

(5)

If the accounts were approved pursuant to paragraph (2) before the conclusion of an audit of those accounts, the accounts must be approved as soon as reasonably practicable after the receipt of any report from the auditor which contains the auditor’s final findings from the audit and which is issued before the conclusion of the audit.

(6)

The approval required by paragraph (5) is in addition to approval pursuant to paragraph (2).

(7)

Where any material amendment is made to the accounts, the responsible financial officer must report such amendment to the larger relevant body or the committee of that body immediately before the body or committee is to approve the accounts pursuant to paragraph (2) or (5).

(8)

A larger relevant body must keep copies of the documents mentioned in paragraph (2)(d) for purchase by any person on payment of a reasonable sum.

F3(9)

In its application to a corporate joint committee, paragraph (2) is to be read as if the references to a “committee” were references to a sub-committee.

Annotations

Textual amendments

F1: Words in reg. 10(1) substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Accounts and Audit (Wales) (Amendment) Regulations 2018 (S.I. 2018/91), regs. 1(2), 5(1)(a)
F2: Words in reg. 10(2) substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Accounts and Audit (Wales) (Amendment) Regulations 2018 (S.I. 2018/91), regs. 1(2), 5(1)(b)
F3: Reg. 10(9) inserted (8.4.2021) by The Accounts and Audit (Wales) (Amendment) Regulations 2021 (S.I. 2021/344), regs. 1(2), 2(4)

Commencement

I1: Reg. 10 in force at 31.3.2015, see reg. 1(1)

Footnotes

f1: 2004 c. 23; section 23(2) was amended by the Public Audit (Wales) Act 2013 (anaw 3), Schedule 4, paragraphs 20 and 28.
f2: 2004 c. 23; section 33(2) was amended by the Public Audit (Wales) Act 2013 (anaw 3), Schedule 4, paragraphs 20 and 38.