45 Annual reports.E+W
(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 [F1Minister].
(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 [F2the Commission] 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)[F3Where [F4a charity's gross income in any financial year] exceeds £10,000, [F5a copy of] the annual report required to be prepared under this section in respect of that year] shall be transmitted to [F6the Commission] by the charity trustees—
(a)within ten months from the end of that year, or
(b)within such longer period as [F6the Commission] may for any special reason allow in the case of that report.
[F7(3A)Where [F8a charity's gross income in any financial year does not exceed] £10,000, [F9a copy of] the annual report required to be prepared under this section in respect of that year shall, if [F10the Commission so requests, be transmitted to it] 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 [F11the Commission] may for any special reason allow in the case of that report.]
(4)Subject to subsection (5) below, [F12any [F13copy of an annual report transmitted to the Commission] under this section] shall have attached to it [F14a copy of] the statement of accounts prepared for the financial year in question under section 42(1) above or (as the case may be) [F14a copy of] 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[F15, 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[F16, 43A or 43B] above, a copy of the report made by the [F17person carrying out the examination]
(5)Subsection (4) above does not apply to a charity which is a company, and any [F18copy of an] annual report transmitted by the charity trustees of such a charity under [F19this section] shall instead have attached to it a copy of the charity’s annual accounts prepared for the financial year in question under [F20Part 15 of the Companies Act 2006] , together with
[F21(a)where the accounts of the charity for that year have been audited under [F22Part 16 of that Act] , a copy of the report made by the auditor on those accounts;
(b)where the accounts of the charity for that year have been audited under section 43 above, a copy of the report made by the auditor on those accounts;
(c)where the accounts of the charity for that year have been examined under that section, a copy of the report made by the person carrying out the examination.]
(6)Any [F23copy of an] annual report transmitted to [F24the Commission] under [F19this section], together with the documents attached to it, shall be kept by [F24the Commission] for such period as [F25it thinks fit].
[F26(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 [F27of which they have not been required to transmit a copy to the Commission.]
(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 [F28to subsection (3)] of that section being read as references to subsection (7) above).
(9)The [F1Minister] 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
F1Word in s. 45 substituted (13.12.2006) by Transfer of Functions (Third Sector, Communities and Equality) Order 2006 (S.I. 2006/2951), art. 1(2), Sch. para. 4(t)
F2Words in s. 45(2)(b) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 138(2); S.I. 2007/309, art. 2, Sch. (with art. 9)
F3Words in s. 45(3) substituted (3.11.1994) by 1994 c. 40, ss. 29(1), 82(3)(b)
F4Words in s. 45(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 138(3)(a); S.I. 2007/309, art. 2, Sch. (with art. 9)
F5Words in s. 45(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 138(3)(b); S.I. 2007/309, art. 2, Sch. (with art. 9)
F6Words in s. 45(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 138(3)(c); S.I. 2007/309, art. 2, Sch. (with art. 9)
F7S. 45(3A) inserted (3.11.1994) by 1994 c. 40, ss. 29(2), 82(3)(b)
F8Words in s. 45(3A) repealed (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 138(4)(a); S.I. 2007/309, art. 2, Sch. (with art. 9)
F9Words in s. 45(3A) repealed (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 138(4)(b); S.I. 2007/309, art. 2, Sch. (with art. 9)
F10Words in s. 45(3A) repealed (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 138(4)(c); S.I. 2007/309, art. 2, Sch. (with art. 9)
F11Words in s. 45(3A) repealed (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 138(4)(d); S.I. 2007/309, art. 2, Sch. (with art. 9)
F12Words in s. 45(4) substituted (3.11.1994) by 1994 c. 40, ss. 29(3), 82(3)(b)
F13Words in s. 45(4) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 138(5)(a); S.I. 2007/309, art. 2, Sch. (with art. 9)
F14Words in s. 45(4) inserted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 138(5)(b); S.I. 2007/309, art. 2, Sch. (with art. 9)
F15Words 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)
F16Words 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)
F17Words 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)
F18Words in s. 45(5) inserted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 138(6); S.I. 2007/309, art. 2, Sch. (with art. 9)
F19Words in s. 45(5)(6) substituted (3.11.1994) by 1994 c. 40, ss. 29(4)(5), 82(3)(b)
F20Words in s. 45(5) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 192(6)(a) (with arts. 6, 11, 12)
F21Words in s. 45(5) substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Charities Act 2006 (Charitable Companies Audit and Group Accounts Provisions) Order 2008 (S.I. 2008/527), arts. 1(1), 4
F22Words in s. 45(5)(a) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 192(6)(b) (with arts. 6, 11, 12)
F23Words in s. 45(6) inserted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 138(7)(a); S.I. 2007/309, art. 2, Sch. (with art. 9)
F24Words in s. 45(6) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 138(7)(b); S.I. 2007/309, art. 2, Sch. (with art. 9)
F25Words in s. 45(6) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 138(7)(c); S.I. 2007/309, art. 2, Sch. (with art. 9)
F26S. 45(7)-(9) inserted (3.11.1994) by 1994 c. 40, ss. 29(6), 82(3)(b)
F27Words in s. 45(7) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 138(8); S.I. 2007/309, art. 2, Sch. (with art. 9)
F28Words in s. 45(8) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 138(9); S.I. 2007/309, art. 2, Sch. (with art. 9)