The Charities (Accounts and Reports) Regulations 2008

Annual reports: non-parent charity

40.—(1) This regulation applies to an annual report prepared in accordance with section 45(1) of the 1993 Act by the charity trustees of a non-parent charity.

(2) The report on the activities of a charity during the year which is required to be contained in the annual report prepared under section 45 of the 1993 Act—

(a) must specify the financial year to which it relates;

(b) must—

(i) in the case of a charity which is not an auditable charity, be a brief summary setting out—

(aa) the main activities undertaken by the charity to further its charitable purposes for the public benefit; and

(bb) the main achievements of the charity during the year.

(ii) in the case of a charity which is an auditable charity, be a review of the significant activities undertaken by the charity during the relevant financial year to further its charitable purposes for the public benefit or to generate resources to be used to further its purposes including—

(aa) details of the aims and objectives which the charity trustees have set for the charity in that year, 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;

(cc) details of any significant contribution of volunteers to these activities;

(dd) details of the principal sources of income of the charity; and

(ee) a statement as to whether the charity trustees have given consideration to the major risks to which the charity is exposed and satisfied themselves that systems or procedures are established in order to manage those risks;

(c) must—

(i) where—

(aa) any fund of the charity was in deficit at the beginning of the relevant financial; and

(bb) the charity is one in respect of which a statement of accounts has been prepared under section 42(1) of the 1993 Act for that financial year,

contain particulars of the steps taken by the charity trustees to eliminate that deficit;

(ii) contain a statement by the charity trustees as to whether they have complied with the duty in section 4 of the 2006 Act to have due regard to guidance published by the Commission; and

(iii) be dated and be signed by one or more of the charity trustees, each of whom has been authorised to do so.

(3) Subject to paragraphs (4) to (7), the other information relating to a charity and to its trustees and officers which is required to be contained in the annual report is—

(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 (2)(c)(iii) 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 relevant financial year 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);

(g) the name of any other person who has, at any time during the relevant financial year 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 that effect;

(k) a description of the organisational structure of the charity;

(l) a summary description of the purposes 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 owned 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 that 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;

(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.

(4) The Commission may, where it is 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 (3) to be contained in the annual report of a charity could lead to that person being placed in any personal danger, dispense with the requirement in any of those sub-paragraphs so far as it applies to the name of such person;

(b) the disclosure of the principal address of the charity in accordance with paragraph (3)(c) above could lead to any such person being placed in any personal danger, dispense with that requirement.

(5) In the case of a charity having more than 50 charity trustees on the date referred to in paragraph (3)(d)—

(a) paragraph (3)(d) has effect as if for “name of any person who is a charity trustee of the charity” there were substituted “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 (3)(e) has effect as if, at the end of that paragraph, there were inserted “other than the name of any charity trustee whose name has been excluded from the report in pursuance of sub-paragraph (d)”.

(6) In the case of a report prepared under section 46(5) of the 1993 Act (excepted charities which are not registered), paragraph (4) has effect as if—

(a) in sub-paragraph (a) from “as it appears in the register of charities” to the end; and

(b) in sub-paragraph (b) “the number assigned to it in the register and,”,

were omitted.

(7) Sub-paragraphs (j), (k), (m), (n), (o) and (q) of paragraph (3) do not apply to a charity which is not an auditable charity.