2008 No. 728
The European Grouping of Territorial Cooperation (Amendment) Regulations 2008
Made
Laid before Parliament
Coming into force
The Secretary of State is a Minister designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to the creation, operation, regulation or dissolution of companies and other forms of business organisation.
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of that Act.
1
These Regulations may be cited as the European Grouping of Territorial Cooperation (Amendment) Regulations 2008 and come into force on 6th April 2008.
2
1
The European Grouping of Territorial Cooperation Regulations 20073 are amended as follows.
2
3
In regulation 2(2)—
a
in the definition of “ordinary resolution”, for “the 1985 Act” substitute “the 2006 Act”,
b
for the words from “by section 744 of the 1985 Act” substitute “in the 2006 Act.”.
4
Omit regulation 4(2).
5
For regulation 6(1) substitute the following—
1
The following provisions in the 2006 Act about accounts and audit shall apply as if a UK EGTC were a company entitled to prepare accounts in accordance with the small companies regime—
a
Chapter 2 of Part 15 (accounting records);
b
section 390 (financial year);
c
section 391 (accounting reference periods and accounting reference date), except that references to the date of being incorporated and of incorporation shall be treated as references to the date of publication in the Gazette of the EGTC’s statutes pursuant to these Regulations;
d
Chapters 4, 5 and 7 of Part 15 (annual accounts, directors’ report and publication);
e
Chapter 11 of Part 15 (revision of defective accounts and reports), except section 456(2) and (7);
f
section 464(2) (accounting standards);
g
section 469 (preparation and filing of accounts in euros);
h
section 471 (meaning of “annual accounts” and related expressions);
j
section 472 (notes to the accounts);
k
section 475 (requirement for audited accounts), except—
i
the words “section 477 (small companies), or” in subsection (1)(a);
ii
subsection (1)(b);
l
section 476 (right of members to require audit);
m
sections 480 and 481 (exemption from audit: dormant companies);
n
sections 495 and 496 (auditor’s report);
o
section 498 to 501 (duties and rights of auditors);
p
section 503 (signature of auditor’s report), except that the reference in subsection (3) to the senior statutory auditor shall be read as a reference to the person who signed the report on behalf of the firm;
q
section 505 (names to be stated in published copies of auditor’s report), except—
i
that the reference in subsection (1)(a) to the senior statutory auditor shall be read as a reference to the person who signed the report on behalf of the firm, and
ii
subsection (1)(b).
6
Omit regulation 6(2).
7
Omit Part 1 of the Schedule.
(This note is not part of the Regulations)