11 Annual reports
1 This regulation applies to an annual report prepared by the charity trustees of a charity (other than an investment fund) in accordance with section 45(1) of the 1993 Act in respect of a financial year—
(a) which begins on or after 1st April 2005; or
(b) which begins before that date if—
(i) the charity trustees determine that this regulation, rather than regulation 7 of the 2000 Regulations, shall apply to the annual report; and
(ii) the charity trustees have not, before the date when these Regulations come into force, either authorised the signature of an annual report in respect of that financial year in accordance with regulation 7 of the 2000 Regulations or approved a statement of accounts which has been prepared for the charity in respect of that financial year under regulation 3 of those Regulations.
2 If the charity trustees make a determination under sub-paragraph (b) above, they shall also make a determination under regulation 3(1)(b) above, if they prepare a statement of accounts under section 42(1) of the 1993 Act in respect of the financial year in question and the charity is one to which regulation 3 above may apply.
3 The report on the activities of a charity during the year which is required to be contained in the annual report in respect of each financial year of the charity prepared under section 45 of the 1993 Act shall specify the financial year to which it relates and shall—
(a) in the case of a charity which is not an auditable charity be a brief summary of the main activities and achievements of the charity during the year in relation to its objects;
(b) in the case of a charity which is an auditable charity—
(i) be a review of significant activities, including—
(aa) details of the aims and objectives which the charity trustees have set for the charity in the year, and details of the strategies adopted, and of significant activities undertaken, in order to achieve those aims and objectives;
(bb) details of the achievements of the charity during the year, measured by reference to the aims and objectives which have been set; and
(cc) details of any significant contribution of volunteers to these activities; and
(dd) details of the principal funding sources of the charity; and
(ii) contain a statement as to whether the charity trustees have—
(aa) given consideration to the major risks to which the charity is exposed; and
(bb) established systems or procedures in order to manage those risks; and
(c) in either case—
(i) where any fund of the charity was materially in deficit at the beginning of the financial year in question, and the charity is one in respect of which a statement of accounts has been prepared under section 42(1) of the 1993 Act for the financial year, contain particulars of the steps taken by the charity trustees to eliminate that deficit; and
(ii) be dated and be signed by one or more of the charity trustees, each of whom has been authorised to do so.
4 Subject to paragraphs (5) to (8) below, the information relating to a charity and to its trustees and officers which is required to be contained in the annual report shall be—
(a) the name of the charity as it appears in the register of charities and any other name by which it makes itself known;
(b) the number assigned to it in the register and, in the case of a charitable company, the number with which it is registered as a company;
(c) the principal address of the charity and, in the case of a charitable company, the address of its registered office;
(d) the name of any person who is a charity trustee of the charity on the date when the authority referred to in paragraph (3)(c)(ii) above is given, and, where any charity trustee on that date is a body corporate, the name of any person who is a director of the body corporate on that date;
(e) the name of any other person who has, at any time during the financial year in question, been a charity trustee of the charity;
(f) the name of any person who is a trustee for the charity on the date referred to in sub-paragraph (d) above;
(g) the name of any other person who has, at any time during the financial year in question, been a trustee for the charity;
(h) particulars, including the date if known, of any deed or other document containing provisions which regulate the purposes and administration of the charity;
(i) the name of any person or body of persons entitled by the trusts of the charity to appoint one or more new charity trustees, and a description of the method provided by those trusts for such appointment;
(j) a description of the policies and procedures (if any) which have been adopted by the charity trustees for the induction and training of charity trustees, and where no such policies have been adopted a statement to this effect;
(k) a description of the organisational structure of the charity;
(1) a summary of the objects of the charity;
(m) a description of the policies (if any) which have been adopted by the charity trustees for the selection of individuals and institutions who are to receive grants, or other forms of financial support, out of the assets of the charity;
(n) a statement regarding the performance during the financial year of the investments belonging to the charity (if any);
(o) where material investments are held by a charity, a description of the policies (if any) which have been adopted by the charity trustees for the selection, retention and realisation of investments for the charity, including the extent (if any) to which social, environmental or ethical considerations are taken into account;
(p) a description of the policies (if any) which have been adopted by the charity trustees for the purpose of determining the level of reserves which it is appropriate for the charity to maintain in order to meet effectively the needs designated by its trusts, together with details of the amount and purpose of any material commitments and planned expenditure not provided for in the balance sheet which have been deducted from the assets in the unrestricted fund of the charity in calculating the amount of reserves, and where no such policies have been adopted, a statement to this effect;
(q) a description of the aims and objectives which the charity trustees have set for the charity in the future, and of the activities contemplated in furtherance of those aims and objectives; and
(r) a description of any assets held by the charity or by any charity trustee of, or trustee for, the charity, on behalf of another charity, and particulars of any special arrangements made with respect to the safe custody of such assets and their segregation from assets of the charity not so held and a description of the objects of the charity on whose behalf the assets are held.
5 The Commissioners may, where they are satisfied that, in the case of a particular charity or class of charities, or in the case of a particular financial year of a charity or class of charities—
(a) the disclosure of the name of any person whose name is required by any of sub-paragraphs (d), (e), (f), (g) and (i) of paragraph (4) above to be contained in the annual report of a charity could lead to that person being placed in any personal danger; or
(b) the disclosure of the principal address of the charity in accordance with paragraph (4)(c) above could lead to any such person being placed in any personal danger,
dispense with the requirement—
(i) in any of sub-paragraphs (d), (e), (f), (g) or (i) of that paragraph, so far as it applies to the name of any such person; or
(ii) in sub-paragraph (c) of that paragraph , so far as it applies to the principal address of the charity,
as the case may require.
6 In the case of a charity having more than 50 charity trustees on the date referred to in paragraph (4)(d) above—
(a) that sub-paragraph shall have effect as if for the words “name of any person who is a charity trustee of the charity” there were substituted the words “names of not less than 50 of the charity trustees of the charity, including any charity trustee who is also an officer of the charity”; and
(b) paragraph (4)(e) shall have effect as if, at the end of the sub-paragraph, there were inserted the words “other than the name of any charity trustee whose name has been excluded from the report in pursuance of sub-paragraph (d) above”.
7 In the case of a report prepared under section 46(5) of the 1993 Act (excepted charities which are not registered), paragraph (4) above shall have effect as if—
(a) in sub-paragraph (a) the words from “as it appears in the register of charities” to the end, and
(b) in sub-paragraph (b) the words “the number assigned to it in the register and,”,
were omitted.
8 In the case of a report in respect of a financial year of a charity which is not an auditable charity, paragraph (4) above shall have effect as if sub-paragraphs (j), (k), (m), (n), (o) and (q) were omitted.