OpenLegislation

Regulation 9 Dispensations from audit or examination requirements

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The Commissioners may, in the circumstances specified in paragraph (2) below, dispense with the requirements of section 43(2) or (3) of the 1993 Act in the case of a particular charity or of a particular financial year of a charity.

(2)

The circumstances referred to in paragraph (1) above are where the Commissioners:

(a)

are satisfied that the accounts of the charity concerned are required to be audited in accordance with any statutory provision contained in or having effect under an Act of Parliament which, in the opinion of the Commissioners, imposes requirements which are sufficiently similar to the requirements of section 43(2) for those requirements to be dispensed with;

(b)

are satisfied that the accounts of the charity concerned have been audited by the Comptroller and Auditor General;

(c)

are satisfied that the accounts of the charity concerned for the financial year in question have been audited or, as the case may be, examined in accordance with requirements or arrangements which, in the opinion of the Commissioners, are sufficiently similar to the relevant requirements of section 43 of the 1993 Act applicable to that financial year of that charity for those requirements to be dispensed with;

(d)

are satisfied that there has in the financial year in question been no transaction on the part of the charity concerned which would be required to be shown and explained in the accounting records kept in pursuance of section 41 of the 1993 Act;

(e)

consider that, although the financial year in question of the charity concerned is one to which subsection (2) of section 43 of the 1993 Act applies, there are exceptional circumstances which justify the examination of the accounts by an independent examiner instead of their audit in accordance with that subsection, and the accounts have been so examined,

and where the charity trustees of the charity concerned have supplied to the Commissioners any report made to them with respect to the accounts of that charity for the financial year in question which the Commissioners have requested.