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F1F2F3F4Part VIIIN.I.Accounts and Audit

[F5CHAPTER II]N.I.[F5Exemptions, exceptions and special provisions]

[F6Small and medium‐sized companies and groups]N.I.

Qualification of group as small or medium‐sizedF11N.I.

257 .F7—(1) A group qualifies as small or medium‐sized in relation to a financial year if the qualifying conditions are met—

(a)in the case of the parent company's first financial year, in that year, and

(b)in the case of any subsequent financial year, in that year and the preceding year.

(2) A group shall be treated as qualifying as small or medium‐sized in relation to a financial year—

(a)if it so qualified in relation to the previous financial year under[F8 paragraph (1) or was treated as so qualifying under sub‐paragraph (b)]; or

(b)if it was treated as so qualifying in relation to the previous year by virtue of sub‐paragraph (a) and the qualifying conditions are met in the year in question.

(3) The qualifying conditions are met by a group in a year in which it satisfies two or more of the following requirements—

[F9Small group]
[F91. Aggregate turnover][F10Not more than £5.6 million net (or £6.72 million gross)]
[F92. Aggregate balance sheet total][F10Not more than £2.8 million net (or £3.36 million gross)]
[F93. Aggregate number of employees][F9Not more than 50]
[F9Medium‐sized group]
[F91. Aggregate turnover][F10Not more than £22.8 million net (or £27.36 million gross)]
[F92. Aggregate balance sheet total][F10Not more than £11.4 million net (or £13.68 million gross)]
[F93. Aggregate number of employees][F9Not more than 250]

(4) The aggregate figures shall be ascertained by aggregating the relevant figures determined in accordance with Article 255 for each member of the group.

In relation to the aggregate figures for turnover and balance sheet total, “net” means with the set‐offs and other adjustments required by Schedule 4A in the case of group accounts and “gross” means without those set‐offs and other adjustments; and a company may satisfy the relevant requirement on the basis of either the net or the gross figure.

(5) The figures for each subsidiary undertaking shall be those included in its accounts for the relevant financial year, that is—

(a)if its financial year ends with that of the parent company, that financial year, and

(b)if not, its financial year ending last before the end of the financial year of the parent company.

(6) If those figures cannot be obtained without disproportionate expense or undue delay, the latest available figures shall be taken.

F7mod. SR 1994/133

F8SR 1992/503

F10SR 2004/190

F11Order repealed (prosp.) by Companies Act 2006 (c. 46), ss. 1284(2), 1295, 1300(2), Sch. 16 and the repeal being partly in force, as to which see individual Articles (with savings (with adaptations) by Companies Act 2006 (Commencement No. 6, Saving and Commencement Nos. 3 and 5 (Amendment)) Order 2008 (S.I. 2008/674), arts. 2(3), {4}, Sch. 2) and subject to amendments (6.4.2008) by Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), arts. 2(2), 3(1)(b)(2), Sch. 1 paras. 135, 147, 148 {Sch. 2 Note 1} (with arts. 6, 11, 12) and subject to amendments (6.4.2008) by S.R. 2008/133, {regs. 2, 3}