- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Charities Act 2006 (Charitable Companies Audit and Group Accounts Provisions) Order 2008 No. 527
2.—(1) Section 43 of the Charities Act 1993 (annual audit or examination of charity accounts) is amended as follows.
(2) In subsection (2)(a)(1), for “charity were a company” substitute “accounts of the charity were required to be audited in accordance with Part 7 of the Companies Act 1985”.
(3) In subsection (3A)(2), for paragraphs (a) to (c) substitute—
“(a)a member of one of the bodies listed in subsection (3B) below; or
(b)a Fellow of the Association of Charity Independent Examiners.”.
(4) After subsection (3A) insert—
“(3B) The bodies referred to in subsection (3A)(a) above are—
(a)the Institute of Chartered Accountants in England and Wales;
(b)the Institute of Chartered Accountants of Scotland;
(c)the Institute of Chartered Accountants in Ireland;
(d)the Association of Chartered Certified Accountants;
(e)the Association of Authorised Public Accountants;
(f)the Association of Accounting Technicians;
(g)the Association of International Accountants;
(h)the Chartered Institute of Management Accountants;
(i)the Institute of Chartered Secretaries and Administrators;
(j)the Chartered Institute of Public Finance and Accountancy.”.
(5) After subsection (8)(b)(3) insert—
“(c)amend subsection (3B) by adding or removing a body to or from the list in that subsection or by varying any entry for the time being included in that list.”.
(6) For subsection (9) substitute—
“(9) Nothing in this section applies in relation to the accounts of a charity for a financial year if those accounts are required to be audited in accordance with Part 7 of the Companies Act 1985.”.
Section 43(2)(a) was substituted by the Charities Act 2006, section 28(3).
Section 43(3A) was substituted by the Charities Act 2006, section 28(5).
Section 43(8) was substituted by the Charities Act 2006, section 28(6).
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