3.—(1) A company meets the requirements of this paragraph if the qualifying conditions are met—N.I.
(a)in the year ending with the date of filing, or
(b)in the financial year of the company which ended last before that date.
(2) For the purposes of sub-paragraph (1)—
(a)the qualifying conditions are met by a company in a period if, in that period, it satisfies 2 or more of the requirements for being a small company specified for the time being in [F3section 382(3) of the Companies Act 2006], and
(b)a company's financial year is to be determined in accordance with [F4[F5 that Act]].
(3) [F6Section 382(4), (5) and (6) of that Act] apply for the purposes of this paragraph as they apply for the purposes of [F7that section].
(4) A company does not meet the requirements of this paragraph if it is a [F8parent company] of a group of companies which does not qualify as a small group or a medium-sized group [F9in relation to] the financial year of the company which ended last before the date of filing.
[F10(5) For the purposes of sub-paragraph (4)—
(a)“group” has the same meaning as in Part 15 of the Companies Act 2006 (see section 474(1) of that Act); and
(b)a group qualifies as small in relation to a financial year if it so qualifies under section 383(2) to (7) of that Act, and qualifies as medium-sized in relation to a financial year if it so qualifies under section 466(2) to (7) of that Act.]
[F11(6) Expressions used in this paragraph that are defined expressions in Part 15 of the Companies Act 2006 (accounts and reports) have the same meaning in this paragraph as in that Part.]]
F3Words in Sch. A1 para. 3(2)(a) substituted (6.4.2008) by Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), arts. 2(2), 3(1)(b), Sch. 1 para. 165(2)(a)(6) (with arts. 6, 11, 12)
F4Words in Sch. A1 para. 3(2)(b) substituted (6.4.2008) by virtue of Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), arts. 2(2), 3(1)(b), Sch. 1 para. 165(2)(b)(6) (with arts. 6, 11, 12)
F5Words in Sch. A1 para. 3(2)(b) substituted (1.10.2009) by virtue of Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), arts. 2(1), 8, Sch. 1 para. 107(4)(a)(i) (with art. 10)
F6Words in Sch. A1 para. 3(3) substituted (6.4.2008) by Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), arts. 2(2), 3(1)(b), Sch. 1 para. 165(3)(a)(6) (with arts. 6, 11, 12)
F7Words in Sch. A1 para. 3(3) substituted (6.4.2008) by Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), arts. 2(2), 3(1)(b), Sch. 1 para. 165(3)(b)(6) (with arts. 6, 11, 12)
F8Words in Sch. A1 para. 3(4) substituted (6.4.2008) by Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), arts. 2(2), 3(1)(b), Sch. 1 para. 165(4)(a)(6) (with arts. 6, 11, 12)
F9Words in Sch. A1 para. 3(4) substituted (6.4.2008) by Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), arts. 2(2), 3(1)(b), Sch. 1 para. 165(4)(b)(6) (with arts. 6, 11, 12)
F10Sch. A1 para. 3(5) substituted (6.4.2008) by Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), arts. 2(2), 3(1)(b), Sch. 1 para. 165(5)(6) (with arts. 6, 11, 12)