Charities Act 1993 (repealed)

45 Annual reports. E+W

(1) The charity trustees of a charity shall prepare in respect of each financial year of the charity an annual report containing—

(a) such a report by the trustees on the activities of the charity during that year, and

(b) such other information relating to the charity or to its trustees or officers,

as may be prescribed by regulations made by the [F1 Minister].

(2) Without prejudice to the generality of subsection (1) above, regulations under that subsection may make provision—

(a) for any such report as is mentioned in paragraph (a) of that subsection to be prepared in accordance with such principles as are specified or referred to in the regulations;

(b) enabling [F2 the Commission] to dispense with any requirement prescribed by virtue of subsection (1)(b) above in the case of a particular charity or a particular class of charities, or in the case of a particular financial year of a charity or of any class of charities.

(3) [F3 Where [F4 a charity's gross income in any financial year] exceeds £10,000, [F5 a copy of] the annual report required to be prepared under this section in respect of that year] shall be transmitted to [F6 the Commission] by the charity trustees—

(a) within ten months from the end of that year, or

(b) within such longer period as [F6 the Commission] may for any special reason allow in the case of that report.

[F7 (3A) Where [F8 a charity's gross income in any financial year does not exceed] £10,000, [F9 a copy of] the annual report required to be prepared under this section in respect of that year shall, if [F10 the Commission so requests, be transmitted to it] by the charity trustees—

(a) in the case of a request made before the end of seven months from the end of the financial year to which the report relates, within ten months from the end of that year, and

(b) in the case of a request not so made, within three months from the date of the request,

or, in either case, within such longer period as [F11 the Commission] may for any special reason allow in the case of that report.]

(4) Subject to subsection (5) below, [F12 any [F13 copy of an annual report transmitted to the Commission] under this section] shall have attached to it [F14 a copy of] the statement of accounts prepared for the financial year in question under section 42(1) above or (as the case may be) [F14 a copy of] the account and statement so prepared under section 42(3) above, together with—

(a) where the accounts of the charity for that year have been audited under section 43[F15 , 43A or 43B] above, a copy of the report made by the auditor on that statement of accounts or (as the case may be) on that account and statement;

(b) where the accounts of the charity for that year have been examined under section 43[F16 , 43A or 43B] above, a copy of the report made by the [F17 person carrying out the examination]

(5) Subsection (4) above does not apply to a charity which is a company, and any [F18 copy of an] annual report transmitted by the charity trustees of such a charity under [F19 this section] shall instead have attached to it a copy of the charity’s annual accounts prepared for the financial year in question under Part VII of the M1 Companies Act 1985, together with

[F20 (a) where the accounts of the charity for that year have been audited under that Part of that Act, a copy of the report made by the auditor on those accounts;

(b) where the accounts of the charity for that year have been audited under section 43 above, a copy of the report made by the auditor on those accounts;

(c) where the accounts of the charity for that year have been examined under that section, a copy of the report made by the person carrying out the examination.]

(6) Any [F21 copy of an] annual report transmitted to [F22 the Commission] under [F19 this section], together with the documents attached to it, shall be kept by [F22 the Commission] for such period as [F23 it thinks fit].

[F24 (7) The charity trustees of a charity shall preserve, for at least six years from the end of the financial year to which it relates, any annual report prepared by them under subsection (1) above [F25 of which they have not been required to transmit a copy to the Commission.]

(8) Subsection (4) of section 41 above shall apply in relation to the preservation of any such annual report as it applies in relation to the preservation of any accounting records (the references [F26 to subsection (3)] of that section being read as references to subsection (7) above).

(9) The [F1 Minister] may by order amend subsection (3) or (3A) above by substituting a different sum for the sum for the time being specified there.]

Textual Amendments

F1 Word in s. 45 substituted (13.12.2006) by Transfer of Functions (Third Sector, Communities and Equality) Order 2006 (S.I. 2006/2951), art. 1(2), Sch. para. 4(t)

F2 Words in s. 45(2)(b) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 138(2); S.I. 2007/309, art. 2, Sch. (with art. 9)

F3 Words in s. 45(3) substituted (3.11.1994) by 1994 c. 40, ss. 29(1), 82(3)(b)

F4 Words in s. 45(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 138(3)(a); S.I. 2007/309, art. 2, Sch. (with art. 9)

F5 Words in s. 45(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 138(3)(b); S.I. 2007/309, art. 2, Sch. (with art. 9)

F6 Words in s. 45(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 138(3)(c); S.I. 2007/309, art. 2, Sch. (with art. 9)

F7 S. 45(3A) inserted (3.11.1994) by 1994 c. 40, ss. 29(2), 82(3)(b)

F8 Words in s. 45(3A) repealed (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 138(4)(a); S.I. 2007/309, art. 2, Sch. (with art. 9)

F9 Words in s. 45(3A) repealed (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 138(4)(b); S.I. 2007/309, art. 2, Sch. (with art. 9)

F10 Words in s. 45(3A) repealed (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 138(4)(c); S.I. 2007/309, art. 2, Sch. (with art. 9)

F11 Words in s. 45(3A) repealed (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 138(4)(d); S.I. 2007/309, art. 2, Sch. (with art. 9)

F12 Words in s. 45(4) substituted (3.11.1994) by 1994 c. 40, ss. 29(3), 82(3)(b)

F13 Words in s. 45(4) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 138(5)(a); S.I. 2007/309, art. 2, Sch. (with art. 9)

F14 Words in s. 45(4) inserted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 138(5)(b); S.I. 2007/309, art. 2, Sch. (with art. 9)

F15 Words in s. 45(4)(a) inserted (with effect in accordance with art. 1(2) of the amending S.I.) by Regulatory Reform (National Health Service Charitable and Non-Charitable Trust Accounts and Audit) Order 2005 (S.I. 2005/1074), arts. 1(2), 3(4)(a)

F16 Words in s. 45(4)(b) inserted (with effect in accordance with art. 1(2) of the amending S.I.) by Regulatory Reform (National Health Service Charitable and Non-Charitable Trust Accounts and Audit) Order 2005 (S.I. 2005/1074), arts. 1(2), 3(4)(a)

F17 Words in s. 45(4)(b) substituted (with effect in accordance with art. 1(2) of the amending S.I.) by Regulatory Reform (National Health Service Charitable and Non-Charitable Trust Accounts and Audit) Order 2005 (S.I. 2005/1074), arts. 1(2), 3(4)(b)

F18 Words in s. 45(5) inserted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 138(6); S.I. 2007/309, art. 2, Sch. (with art. 9)

F19 Words in s. 45(5)(6) substituted (3.11.1994) by 1994 c. 40, ss. 29(4)(5), 82(3)(b)

F20 Words in s. 45(5) substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Charities Act 2006 (Charitable Companies Audit and Group Accounts Provisions) Order 2008 (S.I. 2008/527), arts. 1(1), 4

F21 Words in s. 45(6) inserted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 138(7)(a); S.I. 2007/309, art. 2, Sch. (with art. 9)

F22 Words in s. 45(6) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 138(7)(b); S.I. 2007/309, art. 2, Sch. (with art. 9)

F23 Words in s. 45(6) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 138(7)(c); S.I. 2007/309, art. 2, Sch. (with art. 9)

F24 S. 45(7)-(9) inserted (3.11.1994) by 1994 c. 40, ss. 29(6), 82(3)(b)

F25 Words in s. 45(7) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 138(8); S.I. 2007/309, art. 2, Sch. (with art. 9)

F26 Words in s. 45(8) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 138(9); S.I. 2007/309, art. 2, Sch. (with art. 9)

Marginal Citations

M1 1985 c. 6.