Regulation 8

SCHEDULE 1FORM AND CONTENT OF SUMMARY FINANCIAL STATEMENT OF COMPA NIES AND GROUPS OTHER THAN BANKING OR INSURANCE COMPANIES AND GROUPS

Form of summary financial statement

1.—(1) The summary financial statement shall contain the information prescribed by the following paragraphs of this Schedule, in such order and under such headings as the directors consider appropriate, together with any other information necessary to ensure that the summary financial statement is consistent with the full accounts and reports for the financial year in question.

(2) Nothing in this Schedule shall be construed as prohibiting the inclusion in the summary financial statement of any additional information derived from the company’s annual accounts and the directors' report.

Summary directors' report

2.—(1) The summary financial statement shall contain the whole of, or a summary of, that portion of the directors' report for the year in question which sets out the following matters–

(a)the matters required by section 234(1)(a) of the 1985 Act(1)business review);

(b)the amount recommended to be paid as dividend, if not disclosed in the summary profit and loss account;

(c)the matters required by paragraph 6(a) of Schedule 7 to the 1985 Act(2)important post-balance sheet events); and

(d)the matters required by paragraph 6(b) of that Schedule(3)likely future developments in the business).

(2) The summary financial statement shall also contain the list of names of directors required by section 234(2) of the 1985 Act.

Summary profit and loss account: companies not required to prepare group accounts

3.—(1) The summary financial statement shall contain, in the case of a company the directors of which are not required to prepare group accounts for the financial year, a summary profit and loss account showing, in so far as they may be derived from the full profit and loss account, the items, or combinations of items, listed in sub-paragraph (3) below, in the order set out in that sub-paragraph.

(2) The items or combinations of items listed in sub-paragraph (3) below may appear under such headings as the directors consider appropriate.

(3) The items, or combinations of items, referred to in sub-paragraph (1) above are—

(a)turnover:

(b)income from shares in group undertakings and participating interests:

(c)other interest receivable and similar income and interest payable and similar charges:

(d)the profit or loss on ordinary activities before taxation;

(e)tax on profit or loss on ordinary activities:

(f)profit or loss on ordinary activities after tax:

(g)extraordinary income and charges after tax:

(h)profit or loss for the financial year:

(i)the aggregate amount of dividends paid and, if not disclosed in the summary directors' report proposed.

(4) The summary profit and loss account shall also show, at the end thereof and under such heading as the directors consider appropriate, the figure required by paragraph 1(1) of Part I of Schedule 6 to the 1985 Act(4)directors' emoluments).

Summary profit and loss account: companies required to prepare group accounts

4.—(1) The summary financial statement shall contain, in the case of a company the directors of which are required to prepare group accounts for the financial year, a summary consolidated profit and loss account showing the items or combinations of items required by paragraph 3 above, in the order required by that paragraph and under such headings as the directors consider appropriate, but with the modifications specified in sub-paragraph (2) below.

(2) The modifications referred to in sub-paragraph (1) above are as follows–

(a)in place of the information required by paragraph 3(3)(b), there shall be shown, under such heading as the directors consider appropriate, the item “Income from interests in associated undertakings” required to be shown in the Schedule 4 formats by paragraph 21(3) of Schedule 4A to the 1985 Act(5)

(b) between the information required by paragraph 3(3)(f) and that required by paragraph 3(3)(g) there shall in addition be shown, under such heading as the directors consider appropriate, the item “Minority interests” required to be shown in the Schedule 4 formats by paragraph 17(3) of Schedule 4A to the 1985 Act; and

(c) the figure required by paragraph 3(3)(g) shall be shown after the deduction or the addition (as the case may be) of the item “Minority interests” required to be shown in the Schedule 4 formats by paragraph 17(4) of Schedule 4A to the 1985 Act.

Summary balance sheet: companies not required to prepare group accounts

5.—(1) The summary financial statement shall contain, in the case of a company the directors of which are not required to prepare group accounts for the financial year, a summary balance sheet.

(2) Subject to sub-paragraphs (3) and (4) below, the summary balance sheet shall show, in so far as it can be derived from the full balance sheet and under such heading as the directors consider appropriate, a single amount for each of the headings to which letters are assigned in the balance sheet format which has been used for the full balance sheet (where necessary by the combination of the items to which Roman and Arabic numbers are assigned under those headings) in the order set out in the full balance sheet.

(3) Where an alternative position is permitted for any item in the balance sheet format used, the summary balance sheet shall use the position used by the full balance sheet.

(4) Where the full balance sheet used is format 2 in Schedule 4 to the 1985 Act, then in the case of heading C under “Liabilities”two figures must be shown, one figure for amounts falling due within one year and one for amounts falling due after one year.

Summary balance sheet: companies required to prepare group accounts

6.  The summary financial statement shall contain, in the case of a company the directors of which are required to prepare group accounts for the financial year, a summary consolidated balance sheet which shall show the items required by paragraph 5 above, in the order required by that paragraph and under such headings as the directors consider appropriate, but with the addition of the item “Minority interests” required by paragraph 17(2) of Schedule 4A to the 1985 Act, to be inserted as required by that paragraph.

Corresponding amounts

7.  In respect of every item shown in the summary profit and loss account or summary consolidated profit and loss account (as the case may be), or in the summary balance sheet or summary consolidated balance sheet (as the case may be) the corresponding amount shall be shown for the immediately preceding financial year; for this purpose “the corresponding amount” is the amount shown in the summary financial statement for that year or which would have been so shown had such a statement been prepared for that year, after any adjustments necessary to ensure that that amount is comparable with the item for the financial year in question.

Regulation 9

SCHEDULE 2FORM AND CONTENT OF SUMMARY FINANCIAL STATEMENT OF BANK ING COMPANIES AND GROUPS

Form of summary financial statement

1.—(1) The summary financial statement shall contain the information prescribed by the following paragraphs of this Schedule, in such order and under such headings as the directors consider appropriate, together with any other information necessary to ensure that the summary financial statement is consistent with the full accounts and reports for the financial year in question.

(2) Nothing in this Schedule shall be construed as prohibiting the inclusion in the summary financial statement of any additional information derived from the company’s annual accounts and the directors' report.

Summary directors' report

2.—(1) The summary financial statement shall contain the whole of, or a summary of, that portion of the directors' report for the year in question which sets out the following matters–

(a)the matters required by section 234(1)(a) of the 1985 Act (business review);

(b)the amount recommended to be paid as dividend, if not disclosed in the summary profit and loss account;

(c)the matters required by paragraph 6(a) of Schedule 7 to the 1985 Act (important post-balance sheet events); and

(d)the matters required by paragraph 6(b) of that Schedule (likely future developments in the business).

(2) The summary financial statement shall also contain the list of names of directors required by section 234(2) of the 1985 Act.

Summary profit and loss account: companies not required to prepare group accounts

3.—(1) The summary financial statement shall contain, in the case of a company the directors of which are not required to prepare group accounts for the financial year, a summary profit and loss account showing, in so far as they may be derived from the full profit and loss account, the items, or combinations of items, listed in sub-paragraph (3) below, in the order set out in that sub-paragraph.

(2) The items or combinations of items listed in sub-paragraph (3) below may appear under such headings as the directors consider appropriate.

(3) The items, or combinations of items, referred to in sub-paragraph (1) above are—

(a)interest receivable and payable:

(b)dividend income, fees and commissions receivable and payable, dealing profits or losses and other operating income:

(c)administrative expenses, depreciation and amortisation, other operating charges, amounts written off, and adjustments to amounts written off, fixed asset investments:

(d)provisions and adjustments to provisions:

(e)profit or loss on ordinary activities before tax:

(f)tax on profit or loss on ordinary activities:

(g)profit or loss on ordinary activities after tax:

(h)extraordinary profit or loss after tax:

(i)other taxes not shown under the preceding items:

(j)profit or loss for the financial year:

(k)the aggregate amount of dividends paid and, if not disclosed in the summary directors' report, proposed.

(4) The summary profit and loss account shall also show, at the end thereof and under such heading as the directors consider appropriate, the figure required by paragraph 1(1) of Part I of Schedule 6 to the 1985 Act (directors' emoluments).

Summary profit and loss account: companies required to prepare group accounts

4.—(1) The summary financial statement shall contain, in the case of a company the directors of which are required to prepare group accounts for the financial year, a summary consolidated profit and loss account showing the items, or combinations of items, required by paragraph 3 above, in the order required by that paragraph and under such headings as the directors consider appropriate, but with the modifications specified in sub-paragraph (2) below.

(2) The modifications referred to in sub-paragraph (1) above are as follows–

(a)between the information required by paragraph 3(3)(d) and that required by paragraph 3(3)(e) there shall in addition be shown, under such heading as the directors consider appropriate, the item “Income from associated undertakings” required to be shown in the Schedule 9 formats by paragraph 3(7)(ii) of Part II of Schedule 9 to the 1985 Act(6)

(b)between the information required by paragraph 3(3)(g) and that required by paragraph 3(3)(h) there shall in addition be shown, under such heading as the directors consider appropriate, the item “Minority interests” required to be shown in the Schedule 9 formats by paragraph 17(3) of Schedule 4A to the 1985 Act as adapted by paragraph 3(3) of Part II of Schedule 9 to that Act; and

(c)the figures required by paragraph 3(3)(h) and (i) shall each be shown after the deduction or the addition (as the case may be) of the item “Minority interests” required to be shown in the Schedule 9 formats by paragraph 17(4) of Schedule 4A to the 1985 Act as adapted by paragraph 3(4) of Part II of Schedule 9 to that Act.

Summary balance sheet: companies not required to prepare group accounts

5.—(1) The summary financial statement shall contain, in the case of a company the directors of which are not required to prepare group accounts for the financial year, a summary balance sheet which shall show, in so far as they may be derived from the full balance sheet, the items, or combinations of items, set out in sub-paragraph (2) below, in the order set out in that sub-paragraph and under such headings as the directors consider appropriate.

(2) The items, or combinations of items, referred to in sub-paragraph (1) above are as follows–

(a)cash and balances at central [or post office] banks, treasury bills and other eligible bills:

(b)loans and advances to banks:

(c)loans and advances to customers:

(d)debt securities [and other fixed income securities], equity shares [and other variable-yield securities], participating interests and shares in group undertakings:

(e)intangible and tangible fixed assets:

(f)called up capital not paid, own shares, other assets, prepayments and accrued income:

(g)total assets under the heading “ASSETS”

(h)deposits by banks:

(i)customer accounts:

(j)debt securities in issue:

(k)other liabilities, accruals and deferred income and provisions for liabilities and charges:

(l)subordinated liabilities:

(m)called up share capital, share premium account, reserves, revaluation reserve and profit and loss account:

(n)total liabilities under the heading “LIABILITIES”

(o)contingent liabilities:

(p)commitments:

Summary balance sheet: companies required to prepare group accounts

6.—(1) The summary financial statement shall contain, in the case of a company the directors of which are required to prepare group accounts for the financial year, a summary consolidated balance sheet showing the items required by paragraph 5 above, in the order required by that paragraph and under such headings as the directors consider appropriate, but with the addition specified in sub-paragraph (2) below.

(2) Between the items required by paragraph 5(2)(1) and (m) or after the item required by paragraph 5(2)(m) (whichever is the position adopted for the full accounts), there shall in addition be shown under an appropriate heading the item “Minority interests” required to be shown in the Schedule 9 format by paragraph 17(2) of Schedule 4A to the 1985 Act, as adapted by paragraph 3(2) of Part II of Schedule 9 to the 1985 Act.

Corresponding amounts

7.  In respect of every item shown in the summary profit and loss account or summary consolidated profit and loss account (as the case may be), or in the summary balance sheet or summary consolidated balance sheet (as the case may be) the corresponding amount shall be shown for the immediately preceding financial year; for this purpose “the corresponding amount” is the amount shown in the summary financial statement for that year or which would have been so shown had such a statement been prepared for that year, after any adjustments necessary to ensure that that amount is comparable with the item for the financial year in question.

Regulation 10

SCHEDULE 3FORM AND CONTENT OF SUMMARY FINANCIAL STATEMENT OF IN SURANCE COMPANIES AND GROUPS

Application of Schedule

1.—(1) Paragraphs 2 to 8 of this Schedule apply where the full annual accounts for the financial year have been prepared under Part VII of the 1985 Act as amended by the Companies Act 1985 (Insurance Companies Accounts) Regulations 1993(7)

(2) Paragraphs 2 and 3 and 8 to 11 of this Schedule apply where the full annual accounts for the financial year have been prepared under the transitional arrangements (as defined in paragraph 9(1) of this Schedule).

(3) Paragraph 12 applies where the directors of a parent company of an insurance group, being entitled to do so, prepare group accounts for the financial year in an alternative form as permitted by article 7 of, and paragraph 3 of Part I of Schedule 2 to, the Companies Act 1989 (Commencement No. 4 and Transitional and Saving Provisions) Order 1990(8)

Form of summary financial statement

2.—(1) The summary financial statement shall contain the information prescribed by the following paragraphs of this Schedule, in such order and under such headings as the directors consider appropriate, together with any other information necessary to ensure that the summary financial statement is consistent with the full accounts and reports for the financial year in question.

(2) Nothing in this Schedule shall be construed as prohibiting the inclusion in the summary financial statement of any additional information derived from the company’s annual accounts and the directors' report.

Summary directors' report

3.—(1) The summary financial statement shall contain the whole of, or a summary of, that portion of the directors' report for the year in question which sets out the following matters–

(b)the amount recommended to be paid as dividend, if not disclosed in the summary profit and loss account;

(c)the matters required by paragraph 6(a) of Schedule 7 to the 1985 Act (important post-balance sheet events); and

(d)the matters required by paragraph 6(b) of that Schedule (likely future developments in the business).

(2) The summary financial statement shall also contain the list of names of directors required by section 234(2) of the 1985 Act.

Summary profit and loss account: companies not required to prepare group accounts

4.—(1) The summary financial statement shall contain, in the case of a company the directors of which are not required to prepare group accounts for the financial year, a summary profit and loss account showing, in so far as they may be derived from the full profit and loss account, the items, or combinations of items, listed in sub-paragraph (3) below, in the order set out in that sub-paragraph.

(2) The items or combinations of items listed in sub-paragraph (3) below may appear under such headings as the directors consider appropriate.

(3) The items, or combinations of items, referred to in sub-paragraph (1) above are—

(a)gross premiums written—general business:

(b)gross premiums written—long term business:

(c)balance on the technical account for general business:

(d)balance on the technical account for long term business:

(e)other net income an charges:

(f)the profit or loss on ordinary activities before tax:

(g)tax on profit or loss on ordinary activities:

(h)profit or loss on ordinary activities after tax:

(i)extraordinary profit or loss after tax:

(j)other taxes:

(k)profit or loss for the financial year:

(l)the aggregate amount of dividends paid and, if not disclosed in the summary directors' report proposed.

(4) The summary profit and loss account shall also show, at the end thereof and under such headings as the directors consider appropriate, the figure required by paragraph 1(1) of Part I of Schedule 6 to the 1985 Act (directors' emoluments).

Summary profit and loss account: companies required to prepare group accounts

5.—(1) The summary financial statement shall contain, in the case of a company the directors of which are required to prepare group accounts for the financial year, a summary consolidated profit and loss account showing the items, or combinations of items, required by paragraph 4 above, in the order required by that paragraph and under such headings as the directors consider appropriate, but with the modifications specified in sub-paragraph (2) below.

(2) The modifications referred to in sub-paragraph (1) above are as follows–

(a)between the information required by paragraph 4(3)(e) and that required by paragraph 4(3)(f) there shall in addition be shown, under such heading as the directors consider appropriate, the item “Income from associated undertakings” required to be shown in the Schedule 9A formats by paragraph 21(3)(b) of Schedule 4A to the 1985 Act, as adapted by paragraph 1(8) of Part II of Schedule 9A to that Act;

(b)between the information required by paragraph 4(3)(h) and that required by paragraph 4(3)(i) there shall in addition be shown, under such heading as the directors consider appropriate, the item “Minority interests” required to be shown in the Schedule 9A formats by paragraph 17(3) of Schedule 4A to the 1985 Act as adapted by paragraph 1(6)(c) of Part II of Schedule 9A to that Act; and

(c)the figures required by paragraph 4(3)(i) and (j) shall each be shown after the deduction or the addition (as the case may be) of the item “Minority interests” required to be shown in the Schedule 9A formats by paragraph 17(4) of Schedule 4A to the 1985 Act as adapted by paragraph 1(6)(d) of Part II of Schedule 9A to that Act.

Summary balance sheet: companies not required to prepare group accounts

6.—(1) The summary financial statement shall contain, in the case of a company the directors of which are not required to prepare group accounts for the financial year, a summary balance sheet which shall show, in so far as they may be derived from the full balance sheet, the items, or combinations of items, set out in sub-paragraph (2) below in the order of that sub-paragraph and under such headings as the directors consider appropriate.

(2) The items, or combinations of items, referred to in sub-paragraph (1) above are–

(a)investments:

(b)reinsurers' share of technical provisions;

(c)other assets:

(d)total assets under the heading “ASSETS”

(e)capital and reserves:

(f)subordinated liabilities:

(g)fund for future appropriations:

(h)gross technical provisions:

(i)technical provisions–reinsurance amounts

(j)other liabilities:

(k)total liabilities under the heading “LIABILITIES”

Summary balance sheet: companies required to prepare group accounts

7.—(1) The summary financial statement shall contain, in the case of a company the directors of which are required to prepare group accounts for the financial year, a summary consolidated balance sheet which shall show the items required by paragraph 6 above, in the order required by that paragraph and under such headings as the directors consider appropriate, but with the addition of the item specified in sub-paragraph (2) below.

(2) Between the items required by paragraph 6(2)(d) and (e) above, there shall in addition be shown under an appropriate heading the item “Minority interests” required to be shown in the Schedule 9A format by paragraph 17(2) of Schedule 4A to the 1985 Act, as adapted by paragraph 1(6)(b) of Part II of Schedule 9A to the 1985 Act.

Corresponding amounts

8.  In respect of every item shown in the summary profit and loss account or summary consolidated profit and loss account (as the case may be) or in the summary balance sheet or summary consolidated balance sheet (as the case may be) the corresponding amount shall be shown for the immediately preceding financial year; for this purpose “the corresponding amount” is the amount shown in the summary financial statement for that year or which would have been so shown had such a statement been prepared for that year, after any adjustments necessary to ensure that that amount is comparable with the item for the financial year in question.

Transitional arrangements: definition

9.—(1) In this Schedule “the transitional arrangements” means the transitional arrangements made by regulation 7 of the Companies Act 1985 (Insurance Companies Accounts) Regulations 1993 with respect to the amendments to the 1985 Act effected by regulations 2 to 5 of those Regulations (which allow annual accounts for a financial year commencing on a date prior to 23rd December 1994 to be prepared under the 1985 Act as in force prior to its amendment by those Regulations).

(2) Where the company is entitled to the exemptions conferred by paragraph 28 of Schedule 9A to the 1985 Act(9) as continued in force under the transitional arrangements (the full accounts having been prepared under the transitional arrangements) and has relied upon them with respect to the full accounts from which the summary financial statement is to be drawn, the summary financial statement shall state that fact.

Summary profit and loss account under transitional arrangements

10.—(1) The summary financial statement shall contain, in the case of a company the directors of which are not required to prepare group accounts for the financial year, a summary profit and loss account, or, in the case of a company the directors of which are so required, a summary consolidated profit and loss account, showing, in so far as they may be derived from the full profit and loss account, amounts for the items set out in sub-paragraph (2) below under such headings as the directors consider appropriate.

(2) The items referred to in sub-paragraph (1) above are as follows–

(a)the profit or loss for the financial year before taxation;

(b)taxation, that is the combined amount of the charge to revenue for United Kingdom taxation required to be shown by paragraph 14(1)(c) of Schedule 9A to the 1985 Act and the charge for taxation imposed out of the United Kingdom on profits, income and (so far as charged to revenue) capital gains required to be shown by that paragraph;

(c)the profit or loss for the financial year after taxation;

(d)extraordinary and exceptional items, that is the amounts required by paragraph 18(6)(a) of that Schedule; and

(e)dividends paid and proposed, that is the aggregate amount of dividends paid and proposed required by paragraph 14(1)(k) of that Schedule.

(3) The summary profit and loss account shall also show, at the end thereof and under such heading as the directors consider appropriate, the figure required by paragraph 1(1) of Part I of Schedule 6 to the 1985 Act (directors' emoluments).

Summary balance sheet under transitional arrangements

11.  The summary financial statement shall contain, in the case of a company the directors of which are not required to prepare group accounts for the financial year, a summary balance sheet or, in the case of a company the directors of which are so required, a summary consolidated balance sheet, which shall show, in so far as they may be derived from the full balance sheet, the following items–

(a)the amount of issued share capital required to be disclosed under paragraph 2 of Schedule 9A to the 1985 Act (issued share capital);

(b)an aggregate figure for the reserves required to be shown under paragraphs 4(1) and 7 of that Schedule (reserves);

(c)an aggregate figure for the provisions required to be shown under paragraphs 4(1) and 7 of that Schedule (provisions);

(d)an aggregate figure for liabilities required to be shown in the balance sheet under Part I of that Schedule (liabilities); and

(e)a combined figure for any assets required to be disclosed in the full balance sheet under the provisions of Part I of that Schedule (assets),

in each case under such heading as the directors consider appropriate.

Companies preparing alternative form group accounts

12.  Where the directors of a parent company of an insurance group, being entitled to do so, prepare group accounts for the financial year in an alternative form–

(a)the summary financial statement for that company shall contain a summary profit and loss account for the group showing the information required by paragraph 10 above with such modifications as are required to summarise appropriately the profit or loss of the group;

(b)the summary financial statement for that company shall contain a summary balance sheet for the group showing the information required by paragraph 11 above with such modifications as are required to summarise appropriately the state of affairs of the group; and

(c)paragraph 8 above shall apply.

(1)

Section 234 was substituted by sections 1 and 8 of the Companies Act 1989.

(2)

Paragraph 6(a) of Schedule 7 to the 1985 Act was amended by section 8(2) of, and paragraph 2(2) of Schedule 5 to, the Companies Act 1989.

(3)

Paragraph 6(b) of Schedule 7 to the 1985 Act was amended by section 8(2) of, and paragraph 2(2) of Schedule 5 to, the Companies Act 1989.

(4)

Part I of Schedule 6 to the 1985 Act was originally Part V of Schedule 5 to the 1985 Act. A new Schedule 5 was substituted by sections 1 and 6(2) of, and Schedule 3 to, the Companies Act 1989. However, Part V of the original Schedule 5 was reproduced, with amendments, as Part I of Schedule 6 by sections 1 and 6(4) of, and Schedule 4 to, the 1989 Act.

(5)

Schedule 4A was inserted by section 5(2) of, and Schedule 2 to, the Companies Act 1989.

(6)

A new Schedule 9 was inserted into the 1985 Act by regulation 5 of, and Schedule 1 to, S.I. 1991/2705.

(8)

S.I. 1990/355 (c.13), paragraph 3(1) in Part I of Schedule 2 to which was amended by regulation 5(2) of S.I. 1993/3246.

(9)

Paragraph 28 in Part I of Schedule 9 (now 9A) to the 1985 Act was amended by paragraph 9 of Schedule 7 to the Companies Act 1989.