Regulation 10 Annual reports
Subject to paragraph (4) below, the report on the activities of a charity during the year which is required to be contained in the annual report in respect of each financial year of the charity prepared under section 45 of the 1993 Act shall specify the financial year to which it relates and shall—
in the case of any financial year of a charity in which its gross income does not exceed £100,000, be a brief summary of the main activities and achievements of the charity during the year in relation to its objects;
in the case of any financial year of a charity in which its gross income exceeds £100,000, be a review of all activities, including material transactions, significant developments, and achievements, of the charity during the year in relation to its objects, any significant changes in those activities during the year, any important events affecting those activities which have occurred since the end of the year and any likely future developments in those activities; and
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.
Subject to paragraphs (4), (5) and (6) 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—
the name of the charity as it appears in the register and any other name by which it makes itself known;
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;
the principal address of the charity and, in the case of a charitable company, the address of its registered office;
a description of the trusts of the charity;
the names of the charity trustees or, in the case of a charity having more than 50 charity trustees, the names of 50 of those trustees including any charity trustee who is also an officer of the charity and the name of any other person who has at any time during the financial year in question been a charity trustee and of any person or body entitled to appoint a charity trustee of the charity;
a description of the organisational structure of the charity; and
a description of any assets held by the charity, or on behalf of the charity by any trustee of the charity, for another charity, and particulars of any special arrangements made with respect to the safe custody of such assets and their segregation from assets of the charity not so held and of the objects of the charity on whose behalf the assets are held.
The Commissioners may, where they are satisfied that, in the case of a particular charity or class of charities, or of a particular financial year of a charity or class of charities,—
the disclosure of the name of any person whose name is required by paragraph (2)(e) above to be contained in the annual report of a charity could lead to that person being placed in any personal danger; or
the disclosure of the principal address of the charity in accordance with paragraph (2)(c) above could lead to any such person being placed in any personal danger,
dispense with the requirement—
in sub-paragraph (e) of that paragraph so far as it applies to the name of any such person; or
in sub-paragraph (c) of that paragraph so far as it applies to the principal address of the charity,
as the case may require.
In the case of a common investment fund or a common deposit fund which is deemed to be a charity by virtue of section 24(8), including that section as applied by section 25(2), of the 1993 Act, this regulation shall have effect as if—
for sub-paragraphs (a) to (c) of paragraph (1) above there were substituted the following sub-paragraphs:
“(a)be a review of the investment activities and policies of the trustees during that year;
(b)contain particulars of any significant alteration in the terms of the scheme by which the fund was established or in the investment policies of the trustees during that year;
(c)specify any material events affecting the fund which have occurred since the end of the year;
(d)contain a statement as to whether the trustees have examined whether any person to whom they have delegated their functions in respect of the management of the fund has complied with the terms of the scheme by which the fund was established and with any agreement between the trustees and that person;
(e)be dated and signed by one or more of the trustees appointed to manage the fund, each of whom has been authorised to do so.”;
for sub-paragraph (e) of paragraph (2) above there were substituted the following sub-paragraph:
“(e)the names and any professional qualifications of the trustees appointed to manage the fund and any other person who has been a trustee of the fund during the financial year in question and of any person or body entitled to appoint such a trustee;”;
for sub-paragraph (g) of paragraph (2) above there were substituted the following sub-paragraphs:
“(g)the name and address of any person to whom the trustees have delegated their functions in respect of the management of the fund or the holding of property transferred to, or sums deposited in, the fund or whom they have appointed to advise them on investment matters;
(h)the name of any regulatory body of which any person referred to in sub-paragraph (g) above is a member; and
(i)a description of any powers delegated by the trustees and of the procedures adopted to ensure that those powers are exercised consistently with the scheme by which the fund was established and the investment policies of the trustees.”; and
paragraph (3) were omitted.
In the case of a report prepared under section 46(5) of the 1993 Act (excepted charities which are not registered), paragraph (2) above shall have effect as if—
in sub-paragraph (a) the words from “as it appears in the register” to the end, and
in sub-paragraph (b) the words “the number assigned to it in the register and,”,
were omitted.
In the case of a report in respect of a financial year of a charity in which its gross income does not exceed £100,000, paragraph (2) above shall have effect as if sub-paragraphs (f) and (g) were omitted.