2009 No. 476
The Government Resources and Accounts Act 2000 (Audit of Non-profit-making Companies) Order 2009
Made
Coming into force in accordance with article 1
The Treasury, in exercise of the powers conferred by section 25(6) and (7)(b) of the Government Resources and Accounts Act 20001, makes the following Order.
In accordance with section 25(7)(a) of that Act it appears to the Treasury that each of the bodies specified in the Schedule exercises functions of a public nature or is entirely or substantially funded from public money.
In accordance with section 25(10)(b) of that Act the Treasury has consulted the Comptroller and Auditor General.
A draft of this Order has been laid before and approved by a resolution of each House of Parliament in accordance with section 25(10)(c) of that Act:
Citation and commencement1
This Order may be cited as the Government Resources and Accounts Act 2000 (Audit of Non-profit-making Companies) Order 2009 and comes into force on the day after the day on which it is made.
Interpretation2
In this Order—
“financial year” has the meaning given by section 390 of the 2006 Act; and
“the 2006 Act” means the Companies Act 20062.
Audit of non-profit-making companies by the Comptroller and Auditor General3
1
The Comptroller and Auditor General shall audit the annual accounts of companies listed in the Schedule.
2
This article applies for financial years which begin on or after the date shown in the Schedule opposite the name of the company.
3
In this article, “annual accounts” has the meaning given by section 471 of the 2006 Act.
Application to financial years4
Article 3 does not apply unless a company also meets the eligibility conditions for a financial year.
Eligibility conditions5
1
The eligibility conditions are that—
a
the company is non-profit-making;
b
where the company is a parent company or a subsidiary undertaking, every group undertaking is also non-profit-making; and
c
the balance sheet of the company contains the statement required by section 475(2) (requirement for audited accounts) of the 2006 Act that it is exempt from the requirements of Part 16 under section 482 (non-profit-making companies subject to public sector audit) of that Act.
2
In this article—
“group undertaking” has the meaning given by section 1161(5) of the 2006 Act;
“non-profit-making” has the same meaning as in Article 48 of the Treaty establishing the European Community3;
“parent company” has the meaning given by section 1173(1) of the 2006 Act; and
“subsidiary undertaking” has the meaning given by section 1162 of and Schedule 7 to the 2006 Act.
Audit procedure6
1
The directors of a company whose accounts fall to be audited under article 3 shall send a copy of the accounts for the financial year to the Comptroller and Auditor General as soon as is reasonably practicable.
2
The Comptroller and Auditor General shall—
a
examine, certify and report to the company’s members on accounts received under this article; and
b
send a copy of the accounts and the report to the Secretary of State or any other Minister of the Crown who shall lay them before Parliament.
3
In this article “directors” has the meaning given by section 250 of the 2006 Act.
Notifying Comptroller and Auditor General of non-eligibility7
For any financial year in which a company listed in the Schedule does not meet the eligibility conditions, it shall give notice to the Comptroller and Auditor General as soon as is reasonably practicable after it becomes aware of that fact.
SCHEDULEList of companies
Company name | Date | Company number |
|---|---|---|
British Educational Communications and Technology Agency | 1 April 2008 | 02090588 |
Capacity Builders (UK) Limited | 1 April 2008 | 05708912 |
Caversham Lakes Trust Limited | 1 April 2008 | 04290188 |
Children’s Workforce Development Council | 1 April 2008 | 05409076 |
The Commission for the Compact | 1 April 2008 | 05932855 |
The English Institute of Sport Limited | 1 April 2008 | 04420052 |
Firebuy Limited | 1 April 2009 | 05568715 |
The Geffrye Museum Trust | 1 April 2008 | 02476642 |
The Great Britain-China Centre | 1 April 2008 | 01196043 |
Independent Housing Ombudsman Limited | 1 April 2009 | 03290221 |
Investors in People UK | 1 April 2008 | 02860079 |
JNCC Support Company | 1 April 2008 | 05380206 |
The Museums, Libraries and Archives Council | 1 April 2008 | 03888251 |
The National College for School Leadership Limited | 1 April 2008 | 04014904 |
The National Forest Company | 1 April 2008 | 02991970 |
The Northern Ireland Police Fund | 1 April 2008 | NI 042342 |
Northwest Business Link | 1 April 2008 | 06060925 |
The Pensions Advisory Service | 1 April 2008 | 02459671 |
Phoenix Sports Limited | 1 April 2008 | 03487652 |
The School Food Trust | 1 April 2008 | 05386058 |
SITPRO Limited | 1 April 2009 | 04188890 |
The Sports Council Trust Company Limited | 1 April 2008 | 02517615 |
UK Commission for Employment and Skills | 1 April 2009 | 06425800 |
The Westminster Foundation for Democracy Limited | 1 April 2008 | 02693163 |
Working Ventures UK | 1 April 2008 | 05770846 |
The Yorkshire and Humber Sustainable Futures Company Limited | 1 April 2008 | 05383346 |
(This note is not part of the Order)