Regulation 21 Duties of auditor: audit of accounts prepared under Part 15 of the Companies Act

(1)

Where individual accounts have been prepared by the charity trustees of a charity which is a company under Part 15 of the Companies Act, the auditor carrying out the audit of those accounts under section 65(2) or (3)(b) must make a report on the accounts to the charity trustees which—

(a)

states the name and address of the auditor and the name of the charity concerned;

(b)

is signed by the auditor or, where the office of auditor is held by a body corporate or partnership, in its name by a person authorised to sign on its behalf;

(c)

is dated and specifies the financial year in respect of which the accounts to which it relates have been prepared;

(d)

specifies that it is a report in respect of an audit carried out under section 65(2) or (3)(b), as applicable;

(e)

states whether in the auditor’s opinion—

(i)

the individual accounts comply with the requirements of section 396^f1 of the Companies Act and in particular whether—

(aa)

the income and expenditure account gives a true and fair view of the income and expenses of the charity for the relevant financial year; and

(bb)

the balance sheet gives a true and fair view of the state of affairs of the charity at the end of that year;

(ii)

in any case where the charity has prepared a statement of financial activities in addition to complying with the requirements of the Companies Act, that statement gives a true and fair view of the charity’s total incoming resources and expenditure of resources in the relevant financial year;

(iii)

in any case where the accounts state that they have been prepared in accordance with the methods and principles in the SORP, those methods and principles have been followed;

(f)

where the auditor has formed the opinion that—

(i)

accounting records have not been kept in respect of the charity in accordance with section 386 of the Companies Act;

(ii)

the individual accounts do not accord with those records;

(iii)

any information contained in the individual accounts is inconsistent in any material respect with any report of the charity trustees prepared under section 68 in respect of the relevant financial year; or

(iv)

any information or explanation to which the auditor is entitled under regulation 26 has not been afforded to the auditor,

contains a statement of that opinion and of the grounds for forming it.

(2)

The auditor must, in preparing the auditor’s report, carry out such investigations as will enable the auditor to form an opinion as to the matters specified in sub-paragraphs (e) and (f) of paragraph (1).

(3)

In this regulation “individual accounts” has the meaning in section 394^f2 of the Companies Act.

Annotations

Footnotes

f1: Section 396 was amended by regulation 5(3) of S.I. 2013/3008 and regulation 5(4) of S.I. 2015/980
f2: Section 394 was amended by regulation 8 of S.I. 2012/2301