OpenLegislation

The Charities (Accounts and Reports) Regulations 2008

S.I. 2008/629 · Made 6 March 2008

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

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

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

  1. Part 1: GENERAL
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Financial year of a charity which is not a company
  5. 4Application, revocation, savings and transitional provisions
  6. Part 2: FORM AND CONTENT OF STATEMENTS OF ACCOUNT
  7. 5General
  8. 6Form and content of statement of accounts: investment funds
  9. 7Form and content of statement of accounts: special case charities
  10. 8Form and content of statement of accounts: charities other than investment funds or special case charities
  11. Part 3: PREPARATION OF GROUP ACCOUNTS
  12. Chapter 1: GENERAL
  13. 9Meaning of “aggregate gross income”
  14. 10Financial years of subsidiary undertakings
  15. 11Requirement for financial years of a parent charity and its subsidiary undertakings to coincide
  16. Chapter 2: FORM AND CONTENT OF GROUP ACCOUNTS
  17. 12Form and content of group accounts: general
  18. 13Form and content of group accounts: parent charities that are investment funds
  19. 14Form and content of group accounts: parent charities that are special case charities
  20. 15Form and content of group accounts: parent charities that are not investment funds or special case charities
  21. 16Form and content of group accounts: general requirements
  22. 17Group Accounts: departure from the general rules
  23. Chapter 3: EXCEPTIONS TO THE REQUIREMENT TO PREPARE GROUP ACCOUNTS
  24. 18Exceptions relating to requirement to prepare group accounts
  25. 19Exceptions relating to requirement to prepare group accounts
  26. Part 4: SCRUTINY OF ACCOUNTS
  27. Chapter 1: GENERAL
  28. 20Duties of auditors: general
  29. 21Duties of auditors: general
  30. 22Duties of examiners: general
  31. 23Duties of examiners: general
  32. Chapter 2: AUDIT OF INDIVIDUAL CHARITY ACCOUNTS
  33. 24Duties of auditors: audit of a statement of accounts prepared under section 42(1) of the 1993 Act
  34. 25Duties of auditor: audit of accounts prepared under Part 7 of the Companies Act 1985
  35. 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
  36. 27Duties of auditors of the accounts of English National Health Service Charities
  37. 28Duties of auditors of accounts of Welsh National Health Service Charities
  38. Chapter 3: AUDIT OF GROUP ACCOUNTS
  39. 29Audit of accounts of larger groups
  40. 30Duties of auditors carrying out an audit of group accounts under paragraph 6 of Schedule 5A to the Charities Act 1993
  41. Chapter 4: INDEPENDENT EXAMINATION OF INDIVIDUAL CHARITY ACCOUNTS
  42. 31Independent examination of individual charity accounts
  43. Chapter 5: EXAMINATION OF THE ACCOUNTS OF ENGLISH AND WELSH NATIONAL HEALTH SERVICE CHARITIES
  44. 32Examination of the accounts of English and Welsh National Health Service Charities
  45. Chapter 6: MISCELLANEOUS
  46. 33Audit and independent examination: supplementary provisions
  47. 34Dispensations from audit or examination requirements
  48. 35Ceasing to hold office
  49. 36Auditors appointed by the Commission
  50. Part 5: ANNUAL REPORTS
  51. 37General
  52. 38Annual Reports: non-parent investment fund
  53. 39Annual Reports: parent investment funds
  54. 40Annual reports: non-parent charity
  55. 41Annual Reports: qualifying parent charities
  56. Signature
  57. Schedule 1: STATEMENTS OF ACCOUNTS: INVESTMENT FUNDS
  58. Part 1: STATEMENT OF TOTAL RETURN
  59. 1Paragraph 1
  60. 2Paragraph 2
  61. 3Paragraph 3
  62. 4Paragraph 4
  63. Part 2: STATEMENT OF CHANGE IN NET ASSETS
  64. 5Paragraph 5
  65. 6Paragraph 6
  66. 7Paragraph 7
  67. Part 3: BALANCE SHEET
  68. 8Paragraph 8
  69. 9Paragraph 9
  70. 10Paragraph 10
  71. 11Paragraph 11
  72. 12Paragraph 12
  73. Part 4: METHODS AND PRINCIPLES
  74. 13Paragraph 13
  75. 14Paragraph 14
  76. 15Paragraph 15
  77. Part 5: NOTES TO THE ACCOUNTS
  78. 16Paragraph 16
  79. Part 6: INTERPRETATION
  80. 17Paragraph 17
  81. Schedule 2: NOTES TO THE STATEMENT OF ACCOUNTS PREPARED BY A CHARITY THAT IS NOT AN INVESTMENT FUND OR SPECIAL CASE CHARITY
  82. 1Paragraph 1
  83. Explanatory note