Regulation 2 Amendment to the School Companies Regulations 2002

The School Companies Regulations 2002^f1 are amended as follows.

For regulation 28, substitute—

“Accounting and notification requirements of school companies

28

(1)

Where a school company is exempt, under section 477 of the Companies Act 2006^f2, from the requirements of that Act relating to the audit of accounts for a given financial year, its accounts for that year must be examined by an independent examiner.

(2)

In paragraph (1), an “independent examiner” means an independent person who the members of the school company reasonably believe has the necessary ability and experience to examine its accounts competently and who is—

(a)

a Fellow of the Association of Charity Independent Examiners, or

(b)

a member of one of the bodies listed in section 145(4) of the Charities Act 2011^f3.

(3)

A school company must provide a copy of its accounts for each financial year, whether those accounts are audited under the Companies Act 2006 or examined in accordance with paragraph (1), to its supervising authority within four months after the end of that financial year.

(4)

Within 28 days after a local authority becomes a school company’s supervising authority, the company must provide it with a copy of its constitution.

(5)

A school company must, within 28 days after any changes are made to its constitution, provide a copy of its amended constitution to its supervising authority and notify the authority of the date on which the changes took effect.”.