The Charities (Accounts and Reports) Regulations 2008
S.I. 2008/629 · Made 6 March 2008
Charities
Made 6th March 2008
Laid before Parliament 10th March 2008
Coming into force 1st April 2008
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 1993f1.
In accordance with section 86(4) of that Act he has consulted such persons and bodies of persons as he considers appropriate.
Annotations to the whole text
Footnotes
- f1
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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).
Contents
- Part 1: GENERAL
- 1Citation and commencement
- 2Interpretation
- 3Financial year of a charity which is not a company
- 4Application, revocation, savings and transitional provisions
- Part 2: FORM AND CONTENT OF STATEMENTS OF ACCOUNT
- 5General
- 6Form and content of statement of accounts: investment funds
- 7Form and content of statement of accounts: special case charities
- 8Form and content of statement of accounts: charities other than investment funds or special case charities
- Part 3: PREPARATION OF GROUP ACCOUNTS
- Chapter 1: GENERAL
- 9Meaning of “aggregate gross income”
- 10Financial years of subsidiary undertakings
- 11Requirement for financial years of a parent charity and its subsidiary undertakings to coincide
- Chapter 2: FORM AND CONTENT OF GROUP ACCOUNTS
- 12Form and content of group accounts: general
- 13Form and content of group accounts: parent charities that are investment funds
- 14Form and content of group accounts: parent charities that are special case charities
- 15Form and content of group accounts: parent charities that are not investment funds or special case charities
- 16Form and content of group accounts: general requirements
- 17Group Accounts: departure from the general rules
- Chapter 3: EXCEPTIONS TO THE REQUIREMENT TO PREPARE GROUP ACCOUNTS
- 18Exceptions relating to requirement to prepare group accounts
- 19Exceptions relating to requirement to prepare group accounts
- Part 4: SCRUTINY OF ACCOUNTS
- Chapter 1: GENERAL
- 20Duties of auditors: general
- 21Duties of auditors: general
- 22Duties of examiners: general
- 23Duties of examiners: general
- Chapter 2: AUDIT OF INDIVIDUAL CHARITY ACCOUNTS
- 24Duties of auditors: audit of a statement of accounts prepared under section 42(1) of the 1993 Act
- 25Duties of auditor: audit of accounts prepared under Part 7 of the Companies Act 1985
- 26Duties 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
- 27Duties of auditors of the accounts of English National Health Service Charities
- 28Duties of auditors of accounts of Welsh National Health Service Charities
- Chapter 3: AUDIT OF GROUP ACCOUNTS
- 29Audit of accounts of larger groups
- 30Duties of auditors carrying out an audit of group accounts under paragraph 6 of Schedule 5A to the Charities Act 1993
- Chapter 4: INDEPENDENT EXAMINATION OF INDIVIDUAL CHARITY ACCOUNTS
- 31Independent examination of individual charity accounts
- Chapter 5: EXAMINATION OF THE ACCOUNTS OF ENGLISH AND WELSH NATIONAL HEALTH SERVICE CHARITIES
- 32Examination of the accounts of English and Welsh National Health Service Charities
- Chapter 6: MISCELLANEOUS
- 33Audit and independent examination: supplementary provisions
- 34Dispensations from audit or examination requirements
- 35Ceasing to hold office
- 36Auditors appointed by the Commission
- Part 5: ANNUAL REPORTS
- 37General
- 38Annual Reports: non-parent investment fund
- 39Annual Reports: parent investment funds
- 40Annual reports: non-parent charity
- 41Annual Reports: qualifying parent charities
- Signature
- Schedule 1: STATEMENTS OF ACCOUNTS: INVESTMENT FUNDS
- Part 1: STATEMENT OF TOTAL RETURN
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Part 2: STATEMENT OF CHANGE IN NET ASSETS
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Part 3: BALANCE SHEET
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Part 4: METHODS AND PRINCIPLES
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Part 5: NOTES TO THE ACCOUNTS
- 16Paragraph 16
- Part 6: INTERPRETATION
- 17Paragraph 17
- Schedule 2: NOTES TO THE STATEMENT OF ACCOUNTS PREPARED BY A CHARITY THAT IS NOT AN INVESTMENT FUND OR SPECIAL CASE CHARITY
- 1Paragraph 1
- Explanatory note