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Charities Act 2011

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Charities Act 2011, Cross Heading: Audit or examination of individual accounts is up to date with all changes known to be in force on or before 21 October 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Audit or examination of individual accountsE+W

144Audit of accounts of larger charitiesE+W

(1)Subsection (2) applies to a financial year of a charity if—

(a)the charity's gross income in that year exceeds [F1£1 million], or

(b)the charity's gross income in that year exceeds the accounts threshold and at the end of the year the aggregate value of its assets (before deduction of liabilities) exceeds £3.26 million.

The accounts threshold” means the sum for the time being specified in section 133 (account and statement an option for lower-income charities).

(2)If this subsection applies to a financial year of a charity, the accounts of the charity for that year must be audited by a person who—

(a)is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006, or

(b)is a member of a body for the time being specified in regulations under section 154 and is under the rules of that body eligible for appointment as auditor of the charity.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in s. 144(1)(a) substituted (with application in accordance with art. 5 of the commencing S.I.) by The Charities Act 2011 (Accounts and Audit) Order 2015 (S.I. 2015/321), arts. 1, 3

145Examination of accounts an option for lower-income charitiesE+W

(1)If section 144(2) does not apply to a financial year of a charity but its gross income in that year exceeds £25,000, the accounts of the charity for that year must, at the election of the charity trustees, be—

(a)examined by an independent examiner, that is, an independent person who is reasonably believed by the trustees to have the requisite ability and practical experience to carry out a competent examination of the accounts, or

(b)audited by a person within section 144(2)(a) or (b).

(2)Subsection (1) is subject to—

(a)subsection (3), and

(b)any order under section 146(1).

(3)If subsection (1) applies to the accounts of a charity for a year and the charity's gross income in that year exceeds £250,000, a person qualifies as an independent examiner for the purposes of subsection (1)(a) if (and only if) the person is independent and—

(a)a member of one of the bodies listed in subsection (4), or

(b)a Fellow of the Association of Charity Independent Examiners.

(4)The bodies referred to in subsection (3)(a) 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.

[F2(k)the Institute of Financial Accountants;

(l)the Certified Public Accountants Association.]

(5)The Commission may—

(a)give guidance to charity trustees in connection with the selection of a person for appointment as an independent examiner;

(b)give such directions as it thinks appropriate with respect to the carrying out of an examination in pursuance of subsection (1)(a);

and any such guidance or directions may either be of general application or apply to a particular charity only.

(6)The [F3Secretary of State] may by order—

(a)amend subsection (3) by adding or removing a description of person to or from the list in that subsection or by varying any entry for the time being included in that list;

(b)amend subsection (4) 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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2S. 145(4)(k)(l) inserted (with application in accordance with art. 5 of the commencing S.I.) by The Charities Act 2011 (Accounts and Audit) Order 2015 (S.I. 2015/321), arts. 1, 4

146Commission's powers to order auditE+W

(1)The Commission may by order require the accounts of a charity for a financial year to be audited by a person within section 144(2)(a) or (b) if it appears to the Commission that—

(a)section 144(2), or (as the case may be) section 145(1), has not been complied with in relation to that year within 10 months from the end of that year, or

(b)although section 144(2) does not apply to that year, it would nevertheless be desirable for the accounts of the charity for that year to be audited by a person within section 144(2)(a) or (b).

(2)If the Commission makes an order under subsection (1) with respect to a charity, the auditor must be a person appointed by the Commission unless—

(a)the order is made by virtue of subsection (1)(b), and

(b)the charity trustees themselves appoint an auditor in accordance with the order.

(3)The expenses of any audit carried out by an auditor appointed by the Commission under subsection (2), including the auditor's remuneration, are recoverable by the Commission—

(a)from the charity trustees of the charity concerned, who are personally liable, jointly and severally, for those expenses, or

(b)to the extent that it appears to the Commission not to be practical to seek recovery of those expenses in accordance with paragraph (a), from the funds of the charity.

147Accounts required to be audited under Companies ActE+W

(1)Nothing in sections 144 to 146 applies in relation to the accounts of a charitable company for a financial year if those accounts are required to be audited in accordance with Part 16 of the Companies Act 2006 (“Part 16 accounts”).

(2)In the case of a charitable company, the Commission may by order require that the condition and Part 16 accounts of the company for such period as the Commission thinks fit are to be investigated and audited by an auditor who—

(a)is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006, and

(b)is appointed by the Commission.

(3)An auditor acting under subsection (2)—

(a)has a right of access to all books, accounts and documents relating to the company which are in the possession or control of the charity trustees or to which the charity trustees have access;

(b)is entitled to require from any charity trustee, past or present, and from any past or present officer or employee of the company such information and explanation as the auditor thinks necessary for the performance of the auditor's duties;

(c)must at the conclusion or during the progress of the audit make such reports to the Commission about the audit or about the accounts or affairs of the company as the auditor thinks the case requires, and must send a copy of any such report to the charity trustees.

(4)The expenses of any audit under subsection (2) including the remuneration of the auditor, are to be paid by the Commission.

(5)If any person fails to afford an auditor any facility to which the auditor is entitled under subsection (3), the Commission may by order give to that person or to the charity trustees for the time being such directions as the Commission thinks appropriate for securing that the default is made good.

148NHS charities: generalE+W

Nothing in sections 144 to 146 applies in relation to a financial year of a charity where, at any time in the year, it is—

(a)an English NHS charity (as defined in section 149), or

(b)a Welsh NHS charity (as defined in section 150).

149Audit or examination of English NHS charity accountsE+W

(1)This section applies in relation to a financial year of a charity where, at any time in the year, it is an English NHS charity.

(2)If section 144(1)(a) or (b) is satisfied in relation to that financial year of the charity, the accounts of the charity for that year must be audited by [F4a person who—

(a)is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006,

(b)is eligible for appointment as a local auditor (see Part 4 of the Local Audit and Accountability Act 2014), or

(c)is a member of a body for the time being specified in regulations under section 154 and is under the rules of that body eligible for appointment as auditor of the charity.]

(3)In any other case, the accounts of the charity for that financial year must, at the election of [F5the charity trustees] , be—

(a)audited by [F6a person who is within subsection (2)(a), (b) or (c)] , or

(b)examined by [F7a person who is qualified to be an independent examiner] .

[F8(3A)For the purposes of subsection (3)(b), a person is qualified to be an independent examiner if (and only if)—

(a)the person is independent,

(b)the charity trustees reasonably believe that the person has the requisite ability and practical experience to carry out a competent examination of the accounts, and

(c)the person—

(i)falls within a description of person for the time being included in the list in section 145(3), or

(ii)is eligible for appointment as a local auditor (see Part 4 of the Local Audit and Accountability Act 2014).]

F9(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10(5)The Commission may—

(a)give guidance to charity trustees of an English NHS charity in connection with the selection of a person for appointment as an independent examiner;

(b)give such directions as it thinks appropriate with respect to the carrying out of an examination in pursuance of subsection (3)(b);

and any such guidance or directions may either be of general application or apply to a particular charity only.]

(6)The Comptroller and Auditor General may at any time examine and inspect—

(a)the accounts of the charity for the financial year,

(b)any records relating to those accounts, and

(c)any report of a person appointed under subsection (2) or (3) to audit or examine those accounts.

(7)In this section, “English NHS charity” means a charitable trust, the trustees of which are—

F11(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13(ba)the National Health Service Commissioning Board,

(bb)a clinical commissioning group,

(bc)trustees for the National Health Service Commissioning Board appointed in pursuance of paragraph 11 of Schedule A1 to the National Health Service Act 2006, or

(bd)trustees for a clinical commissioning group appointed in pursuance of paragraph 15 of Schedule 1A to that Act,]

(c)a National Health Service trust all or most of whose hospitals, establishments and facilities are situated in England,

(d)trustees appointed in pursuance of paragraph 10 of Schedule 4 to the National Health Service Act 2006 for a National Health Service trust falling within paragraph (c),

(e)special trustees appointed in pursuance of section 29(1) of the National Health Service Reorganisation Act 1973, section 95(1) of the National Health Service Act 1977 and section 212(1) of the National Health Service Act 2006 for such a National Health Service trust, or

F14(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F5Words in s. 149(3) substituted (1.4.2017) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 119(3)(a); S.I. 2015/841, art. 4 (with Sch. para. 11) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

150Audit or examination of Welsh NHS charity accountsE+W

(1)This section applies in relation to a financial year of a charity where, at any time in the year, it is a Welsh NHS charity.

(2)If section 144(1)(a) or (b) is satisfied in relation to that financial year of the charity, the accounts of the charity for that year must be audited by the Auditor General for Wales.

(3)In any other case, the accounts of the charity for that financial year must, at the election of the Auditor General for Wales, be audited or examined by the Auditor General for Wales.

(4)In this section “Welsh NHS charity” means a charitable trust, the trustees of which are—

(a)a Local Health Board,

(b)a National Health Service trust all or most of whose hospitals, establishments and facilities are situated in Wales,

(c)trustees appointed in pursuance of paragraph 10 of Schedule 3 to the National Health Service (Wales) Act 2006 for a National Health Service trust falling within paragraph (b), or

(d)special trustees appointed in pursuance of section 29(1) of the National Health Service Reorganisation Act 1973, section 95(1) of the National Health Service Act 1977 and section 160(1) of the National Health Service (Wales) Act 2006 for such a National Health Service trust.

(5)References in this Act to an auditor or an examiner have effect in relation to this section as references to the Auditor General for Wales acting under this section as an auditor or examiner.

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