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- Point in Time (18/02/2014)
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Version Superseded: 17/06/2016
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Building Societies Act 1986, Section 78 is up to date with all changes known to be in force on or before 14 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)The [F2auditor] of a building society shall make a report to the members on the annual accounts which are to be laid before the society at the annual general meeting during [F3his] tenure of office.
(2)The [F4auditor’s report] shall F5. . . be open to inspection by any member [F6at the annual general meeting of the building society].
(3)The [F7auditor shall, in his] report under subsection (1) above, also make a report to the members on—
(a)the annual business statement, and
(b)the directors’ report,
in so far as subsection (7) below requires [F8him] to do so.
[F9(3A)The [F10auditor’s report] must include—
(a)an introduction identifying the annual accounts that are the subject of the audit and the financial reporting framework that has been applied in their preparation;
(b)a description of the scope of the audit identifying the auditing standards in accordance with which the audit was conducted.
(3B)The report must state clearly whether in the [F11auditor’s opinion] the annual accounts have been properly prepared in accordance with the requirements of this Act (and, where applicable, Article 4 of the IAS Regulation).
(4)The report must state in particular whether the annual accounts give a true and fair view in accordance with the relevant financial reporting framework—
(a)in the case of an individual balance sheet, of the state of affairs of the society as at the end of the financial year,
(b)in the case of an individual income and expenditure account, of the income and expenditure of the society for the financial year,
(c)in the case of group accounts, of the state of affairs as at the end of the financial year and the income and expenditure for the financial year of the society and the subsidiary undertakings dealt with in the group accounts, so far as concerns members of the society.
(4A)The [F12auditor’s report]—
(a)must be either unqualified or qualified, and
(b)must include a reference to any matters to which the statutory [F13auditor wishes] to draw attention by way of emphasis without qualifying the report.]
(6)If the [F14auditor’s report] includes a qualification of [F14his opinion] that the annual accounts give a true and fair view of the matters specified in subsection (4) above, [F15subsection (8) of section 76 extends ] also to the [F14auditor’s report].
(7)The [F16auditor’s report], in so far as it deals with the documents specified in subsection (3) above, shall state whether [F17he has] been prepared so as to conform to the requirements of sections 74 and 75 respectively and the regulations thereunder and whether, in the opinion of the [F18auditor]—
(a)the information given in the annual business statement gives a true representation of the matters in respect of which it is given, and
(b)the information given in the directors’ report is consistent with the accounting records and the annual accounts for the year.
(8)The [F19auditor’s report] on the annual business statement shall not deal with any matters which, by virtue of section 74(6), are not to be the subject of report under this section.
(9)The [F20auditor] of a building society shall, as regards the statement of particulars of transactions falling within section 65 which the society is to make available for "inspection by members under section 68(3), examine the statement before it is made available to members and make a report to the members on it; and the report shall be annexed to the statement before it is so made available.
(10)The [F21auditor’s report] under subsection (9) above shall state whether in [F22his opinion] the statement contains the particulars required by section 68; and where [F22his opinion] is that it does not, [F23he shall include in his] report, so far as [F24he is] reasonably able to do so, a statement giving the requisite particulars.
Textual Amendments
F1Words in s. 78 heading substituted (29.6.2008) by The Building Societies Act 1986 (Accounts, Audit and EEA State Amendments) Order 2008 (S.I. 2008/1519), art. 1(2), Sch. 2 para. 4(l)
F2Word in s. 78(1) substituted (29.6.2008) by The Building Societies Act 1986 (Accounts, Audit and EEA State Amendments) Order 2008 (S.I. 2008/1519), art. 1(2), Sch. 2 para. 4(a)(i)
F3Word in s. 78(1) substituted (29.6.2008) by The Building Societies Act 1986 (Accounts, Audit and EEA State Amendments) Order 2008 (S.I. 2008/1519), art. 1(2), Sch. 2 para. 4(a)(ii)
F4Words in s. 78(2) substituted (29.6.2008) by The Building Societies Act 1986 (Accounts, Audit and EEA State Amendments) Order 2008 (S.I. 2008/1519), art. 1(2), Sch. 2 para. 4(b)
F5Words in s. 78(2) repealed (11.1.1996) by S.I. 1995/3233, art. 6(a)
F6Words in s. 78(2) inserted (11.1.1996) by S.I. 1995/3233, art. 6(b)
F7Words in s. 78(3) substituted (29.6.2008) by The Building Societies Act 1986 (Accounts, Audit and EEA State Amendments) Order 2008 (S.I. 2008/1519), art. 1(2), Sch. 2 para. 4(c)(i)
F8Word in s. 78(3) substituted (29.6.2008) by The Building Societies Act 1986 (Accounts, Audit and EEA State Amendments) Order 2008 (S.I. 2008/1519), art. 1(2), Sch. 2 para. 4(c)(ii)
F9S. 78(3A)-(4A) substituted (22.12.2004) (with effect in accordance with art. 1(2) of the amending S.I.) for s. 78(4)(5) by The Building Societies Act 1986 (International Accounting Standards and Other Accounting Amendments) Order 2004 (S.I. 2004/3380), arts. 1, 5(2)
F10Words in s. 78(3A) substituted (29.6.2008) by The Building Societies Act 1986 (Accounts, Audit and EEA State Amendments) Order 2008 (S.I. 2008/1519), art. 1(2), Sch. 2 para. 4(d)
F11Words in s. 78(3B) substituted (29.6.2008) by The Building Societies Act 1986 (Accounts, Audit and EEA State Amendments) Order 2008 (S.I. 2008/1519), art. 1(2), Sch. 2 para. 4(e)
F12Words in s. 78(4A) substituted (29.6.2008) by The Building Societies Act 1986 (Accounts, Audit and EEA State Amendments) Order 2008 (S.I. 2008/1519), art. 1(2), Sch. 2 para. 4(f)(i)
F13Words in s. 78(4A)(b) substituted (29.6.2008) by The Building Societies Act 1986 (Accounts, Audit and EEA State Amendments) Order 2008 (S.I. 2008/1519), art. 1(2), Sch. 2 para. 4(f)(ii)
F14Words in s. 78(6) substituted (29.6.2008) by The Building Societies Act 1986 (Accounts, Audit and EEA State Amendments) Order 2008 (S.I. 2008/1519), art. 1(2), Sch. 2 para. 4(g)
F15Words in s. 78(6) substituted (18.2.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(2), Sch. 9 para. 7(a)
F16Words in s. 78(7) substituted (29.6.2008) by The Building Societies Act 1986 (Accounts, Audit and EEA State Amendments) Order 2008 (S.I. 2008/1519), art. 1(2), Sch. 2 para. 4(h)(i)
F17Words in s. 78(7) substituted (29.6.2008) by The Building Societies Act 1986 (Accounts, Audit and EEA State Amendments) Order 2008 (S.I. 2008/1519), art. 1(2), Sch. 2 para. 4(h)(ii)
F18Word in s. 78(7) substituted (29.6.2008) by The Building Societies Act 1986 (Accounts, Audit and EEA State Amendments) Order 2008 (S.I. 2008/1519), art. 1(2), Sch. 2 para. 4(h)(iii)
F19Words in s. 78(8) substituted (29.6.2008) by The Building Societies Act 1986 (Accounts, Audit and EEA State Amendments) Order 2008 (S.I. 2008/1519), art. 1(2), Sch. 2 para. 4(i)
F20Word in s. 78(9) substituted (29.6.2008) by The Building Societies Act 1986 (Accounts, Audit and EEA State Amendments) Order 2008 (S.I. 2008/1519), art. 1(2), Sch. 2 para. 4(j)
F21Words in s. 78(10) substituted (29.6.2008) by The Building Societies Act 1986 (Accounts, Audit and EEA State Amendments) Order 2008 (S.I. 2008/1519), art. 1(2), Sch. 2 para. 4(k)(i)
F22Words in s. 78(10) substituted (29.6.2008) by The Building Societies Act 1986 (Accounts, Audit and EEA State Amendments) Order 2008 (S.I. 2008/1519), art. 1(2), Sch. 2 para. 4(k)(ii)
F23Words in s. 78(10) substituted (29.6.2008) by The Building Societies Act 1986 (Accounts, Audit and EEA State Amendments) Order 2008 (S.I. 2008/1519), art. 1(2), Sch. 2 para. 4(k)(iii)
F24Words in s. 78(10) substituted (29.6.2008) by The Building Societies Act 1986 (Accounts, Audit and EEA State Amendments) Order 2008 (S.I. 2008/1519), art. 1(2), Sch. 2 para. 4(k)(iv)
Modifications etc. (not altering text)
C1S. 78 restricted (1. 1. 1993) by S.I. 1992/359, reg. 9(4) (with reg. 2(2))
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