Modifications etc. (not altering text)
C1Pt. VI (ss. 41-48) modified (1.1.1999) by 1998 No. 1, s. 3(3); Archbishops Instrument dated 14.10.1998
Commencement Information
I1Pt. VI (ss. 41-48) wholly in force at 1.3.1996; Pt. VI (ss. 41-48) not in force at Royal Assent see s. 99(2); Pt. VI (ss. 41-48) in force for certain purposes at 15.10.1995 by S.I. 1995/2695, art. 3 (with art. 4); Pt. VI (ss. 41-48) in force for all other purposes at 1.3.1996 by S.I. 1995/2695, art. 2 (with art. 4)
(1)The charity trustees of a charity shall prepare in respect of each financial year of the charity an annual report containing—
(a)such a report by the trustees on the activities of the charity during that year, and
(b)such other information relating to the charity or to its trustees or officers,
as may be prescribed by regulations made by the Secretary of State.
(2)Without prejudice to the generality of subsection (1) above, regulations under that subsection may make provision—
(a)for any such report as is mentioned in paragraph (a) of that subsection to be prepared in accordance with such principles as are specified or referred to in the regulations;
(b)enabling the Commissioners to dispense with any requirement prescribed by virtue of subsection (1)(b) above in the case of a particular charity or a particular class of charities, or in the case of a particular financial year of a charity or of any class of charities.
(3)[F1Where in any financial year of a charity its gross income or total expenditure exceeds £10,000, the annual report required to be prepared under this section in respect of that year] shall be transmitted to the Commissioners by the charity trustees—
(a)within ten months from the end of that year, or
(b)within such longer period as the Commissioners may for any special reason allow in the case of that report.
[F2(3A)Where in any financial year of a charity neither its gross income nor its total expenditure exceeds £10,000, the annual report required to be prepared under this section in respect of that year shall, if the Commissioners so request, be transmitted to them by the charity trustees—
(a)in the case of a request made before the end of seven months from the end of the financial year to which the report relates, within ten months from the end of that year, and
(b)in the case of a request not so made, within three months from the date of the request,
or, in either case, within such longer period as the Commissioners may for any special reason allow in the case of that report.]
(4)Subject to subsection (5) below, [F3any annual report transmitted to the Commissioners under this section] shall have attached to it the statement of accounts prepared for the financial year in question under section 42(1) above or (as the case may be) the account and statement so prepared under section 42(3) above, together with—
(a)where the accounts of the charity for that year have been audited under section 43[F4, 43A or 43B] above, a copy of the report made by the auditor on that statement of accounts or (as the case may be) on that account and statement;
(b)where the accounts of the charity for that year have been examined under section 43[F5, 43A or 43B] above, a copy of the report made by the [F6person carrying out the examination].
(5)Subsection (4) above does not apply to a charity which is a company, and any annual report transmitted by the charity trustees of such a charity under [F7this section] shall instead have attached to it a copy of the charity’s annual accounts prepared for the financial year in question under Part VII of the M1Companies Act 1985, together with a copy of [F8any auditors’ report or report made for the purposes of section 249A(2) of that Act] on those accounts.
(6)Any annual report transmitted to the Commissioners under [F7this section], together with the documents attached to it, shall be kept by the Commissioners for such period as they think fit.
[F9(7)The charity trustees of a charity shall preserve, for at least six years from the end of the financial year to which it relates, any annual report prepared by them under subsection (1) above which they have not been required to transmit to the Commissioners.
(8)Subsection (4) of section 41 above shall apply in relation to the preservation of any such annual report as it applies in relation to the preservation of any accounting records (the references in subsection (3) of that section being read as references to subsection (7) above).
(9)The Secretary of State may by order amend subsection (3) or (3A) above by substituting a different sum for the sum for the time being specified there.]
Textual Amendments
F1Words in s. 45(3) substituted (3.11.1994) by 1994 c. 40, ss. 29(1), 82(3)(b)
F2S. 45(3A) inserted (3.11.1994) by 1994 c. 40, ss. 29(2), 82(3)(b)
F3Words in s. 45(4) substituted (3.11.1994) by 1994 c. 40, ss. 29(3), 82(3)(b)
F4Words in s. 45(4)(a) inserted (with effect in accordance with art. 1(2) of the amending S.I.) by Regulatory Reform (National Health Service Charitable and Non-Charitable Trust Accounts and Audit) Order 2005 (S.I. 2005/1074), arts. 1(2), 3(4)(a)
F5Words in s. 45(4)(b) inserted (with effect in accordance with art. 1(2) of the amending S.I.) by Regulatory Reform (National Health Service Charitable and Non-Charitable Trust Accounts and Audit) Order 2005 (S.I. 2005/1074), arts. 1(2), 3(4)(a)
F6Words in s. 45(4)(b) substituted (with effect in accordance with art. 1(2) of the amending S.I.) by Regulatory Reform (National Health Service Charitable and Non-Charitable Trust Accounts and Audit) Order 2005 (S.I. 2005/1074), arts. 1(2), 3(4)(b)
F7Words in s. 45(5)(6) substituted (3.11.1994) by 1994 c. 40, ss. 29(4)(5), 82(3)(b)
F8Words in s. 45(5) substituted (11.8.1994) by S.I. 1994/1935 reg. 4, Sch. 1 Pt. II para. 6
F9S. 45(7)-(9) inserted (3.11.1994) by 1994 c. 40, ss. 29(6), 82(3)(b)
Marginal Citations