|
| |
|
| |
(1) | This section applies to a non-profit registered provider which is a registered |
| |
| |
| |
(a) | keep proper accounting records of its transactions and its assets and |
| 5 |
liabilities in relation to its housing activities, and |
| |
(b) | maintain a satisfactory system of control of those records, its cash |
| |
holdings and its receipts and remittances in relation to those activities. |
| |
(3) | For each period of account the charity shall prepare— |
| |
(a) | a revenue account giving a true and fair view of the charity’s income |
| 10 |
and expenditure during the period, so far as relating to its housing |
| |
| |
(b) | a balance sheet giving a true and fair view of the state of affairs of the |
| |
charity as at the end of the period. |
| |
(4) | The revenue account and balance sheet must be signed by at least two directors |
| 15 |
| |
(5) | “Period of account” means— |
| |
(a) | a period of 12 months, or |
| |
(b) | such other period not less than 6 months nor more than 18 as the charity |
| |
may, with the consent of the regulator, determine. |
| 20 |
(6) | This section does not affect any obligation under sections 41 to 45 of the |
| |
Charities Act 1993 (c. 10) (charity accounts). |
| |
| |
(1) | This section applies in relation to the accounts of a charity under section 130(3). |
| |
(2) | If Condition 1 or 2 is met, the charity shall cause a qualified person to audit the |
| 25 |
accounts and report on them in accordance with section 132. |
| |
(3) | If neither Condition is met, the charity shall cause a qualified person (“the |
| |
reporting accountant”) to report on the accounts in accordance with section |
| |
| |
(4) | Condition 1 is met if the accounts relate to a period during which the charity’s |
| 30 |
gross income arising in connection with its housing activities was greater than |
| |
the sum specified in section 43(1)(a) of the Charities Act 1993. |
| |
(5) | Condition 2 is met if— |
| |
(a) | the accounts relate to a period during which the charity’s gross income |
| |
arising in connection with its housing activities was greater than the |
| 35 |
accounts threshold as defined by section 43(1) of the Charities Act 1993, |
| |
| |
(b) | at the end of the period the aggregate value of its assets (before |
| |
deduction of liabilities) in respect of its housing activities was greater |
| |
than the sum specified in section 43(1)(b). |
| 40 |
(6) | “Gross income” has the same meaning as in section 43 of the Charities Act 1993. |
| |
(7) | “Qualified person” means a person professionally qualified as an accountant. |
| |
|
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|
| |
|
132 | Charity: auditor’s report |
| |
(1) | An auditor appointed for the purposes of section 131(2) or 134(2) in respect of |
| |
a charity’s accounts shall make a report to the charity in accordance with this |
| |
| |
(2) | The report must state— |
| 5 |
(a) | whether the revenue account gives a true and fair view of the charity’s |
| |
income and expenditure, so far as relating to its housing activities, and |
| |
(b) | whether the balance sheet gives a true and fair view of the state of |
| |
affairs of the charity as at the end of the period to which the accounts |
| |
| 10 |
(3) | The report must give the name of the auditor and be signed. |
| |
(4) | The auditor shall, in preparing the report, carry out such investigations as are |
| |
necessary to form an opinion as to— |
| |
(a) | whether the charity has complied with section 130(2) during the period |
| |
to which the accounts relate, and |
| 15 |
(b) | whether the accounts are in accordance with accounting records kept |
| |
| |
(5) | If the auditor thinks that the charity has not complied section 130(2) or that the |
| |
accounts are not in accordance with its accounting records, that must be stated |
| |
| 20 |
(6) | If the auditor fails to obtain all the information and explanations which the |
| |
auditor thinks necessary for the purposes of the audit, that must be stated in |
| |
| |
133 | Charity: accountant’s report |
| |
(1) | A reporting accountant appointed for the purposes of section 131(3) in respect |
| 25 |
of a charity’s accounts shall make a report to the charity in accordance with this |
| |
| |
(2) | The report must state whether the accounts are in accordance with accounting |
| |
records kept under section 130(2)(a). |
| |
(3) | On the basis of the information in the accounting records the report must also |
| 30 |
| |
(a) | the accounts comply with the requirements of the Charities Act 1993; |
| |
(b) | section 131(3) applied in respect of the accounts. |
| |
(4) | The report must give the name of the reporting accountant and be signed. |
| |
(5) | If the reporting accountant fails to obtain all the information and explanations |
| 35 |
which the reporting accountant thinks necessary for the purposes of preparing |
| |
the report, that must be stated in the report. |
| |
134 | Charity: extraordinary audit |
| |
(1) | This section applies where, in accordance with section 131(3), a charity |
| |
appoints a reporting accountant to prepare a report in respect of any accounts. |
| 40 |
(2) | The regulator may require the charity to— |
| |
|
| |
|
| |
|
(a) | cause a qualified person to audit the accounts and prepare a report on |
| |
them in accordance with section 132, and |
| |
(b) | send a copy of the report to the regulator by a specified date. |
| |
(3) | A requirement under subsection (2) may be imposed only during the period of |
| |
account following the period to which the accounts relate. |
| 5 |
| |
“period of account” has the meaning given by section 130(5), and |
| |
“qualified person” has the meaning given by section 131(7). |
| |
135 | Charity: auditor’s powers |
| |
(1) | This section applies to a person who is appointed by a charity for the purposes |
| 10 |
of section 131(2) or (3) or 134(2). |
| |
(2) | The charity must grant the person access to its documents, if or in so far as they |
| |
relate to its housing activities. |
| |
(3) | An officer of the charity must provide such information or explanations as the |
| |
| 15 |
| |
(1) | A registered provider commits an offence if it fails, without reasonable excuse, |
| |
| |
(a) | a direction under section 127, |
| |
(b) | a provision listed in subsection (2), or |
| 20 |
(c) | a requirement imposed under a provision listed in subsection (3). |
| |
(2) | The provisions referred to in subsection (1)(b) are— |
| |
| |
| |
| 25 |
(3) | The provisions referred to in subsection (1)(c) are— |
| |
| |
| |
(4) | If a registered provider fails to comply with a direction, provision or |
| |
requirement mentioned in subsection (1) every officer of the registered |
| 30 |
provider is guilty of an offence. |
| |
(5) | It is a defence for an officer to show that the officer did everything that could |
| |
reasonably have been expected to ensure compliance by the registered |
| |
| |
(6) | A person guilty of an offence under this section is liable on summary |
| 35 |
conviction to a fine not exceeding level 5 on the standard scale. |
| |
(7) | Proceedings for an offence may be brought only by or with the consent of— |
| |
| |
(b) | the Director of Public Prosecutions. |
| |
|
| |
|
| |
|
| |
(1) | If a registered provider fails to comply with a direction, provision or |
| |
requirement mentioned in section 136(1), the High Court may on the |
| |
application of the regulator make an order for the purpose of remedying the |
| |
| 5 |
(2) | An order may include provision about costs. |
| |
| |
(1) | This section applies to information that a person has received while acting— |
| |
(a) | as auditor of a non-profit registered provider, or |
| |
(b) | as a reporting accountant in relation to a non-profit registered provider. |
| 10 |
(2) | The person may disclose the information to the regulator for a purpose |
| |
connected with the regulator’s functions— |
| |
(a) | despite any duty of confidentiality, and |
| |
(b) | whether or not the regulator requests the information. |
| |
(3) | The reference to disclosing information includes expressing an opinion on it. |
| 15 |
(4) | “Reporting accountant” means a person who is appointed to prepare a report |
| |
which, by virtue of any enactment, has to be prepared in respect of accounts |
| |
that are not subject to audit. |
| |
| |
139 | Non-profit providers only |
| 20 |
This group of sections applies only to non-profit registered providers. |
| |
140 | Preparatory steps: notice |
| |
A step specified in the Table has effect only if the person specified has given |
| |
| |
| | | | 25 | | Any step, of a kind prescribed for the purposes of this |
| The person taking the step |
| | | | section by the Secretary of State by order, to enforce a |
| | | | | security over land held by a registered provider |
| | | | | Presenting a petition for the winding up of a registered |
| | | | | | | | 30 | | (a) | a registered company, or |
| | | | | (b) | an industrial and provident society |
| | | | | Passing a resolution for the winding up of a registered |
| | | | | | | | | | (a) | a registered company, or |
| | | 35 | | (b) | an industrial and provident society |
| | | | | But not the passing of a resolution for winding-up |
| | | | | where the regulator’s consent is required under section |
| | | | | | | | |
|
|
| |
|
| |
|
| | | | | | Making an administration application in accordance |
| | | | | with paragraph 12 of Schedule B1 to the Insolvency Act |
| | | | | 1986 in respect of a registered provider which is a |
| | | | | | | | 5 | | Appointing an administrator under paragraph 14 or 22 |
| | | | | of that Schedule in respect of a registered provider |
| | | | | which is a registered company |
| | | | | Filing with the court a copy of a notice of intention to |
| The person filing the notice |
| | | | appoint a person under either of those paragraphs in |
| | | 10 | | respect of a registered provider which is a registered |
| | | | | | | | |
|
|
| |
(1) | If a step specified in the Table below is taken in respect of a registered provider, |
| |
a moratorium on the disposal of land by the provider begins. |
| 15 |
(2) | Where a step specified in the Table is taken in respect of a registered provider, |
| |
the person specified must give the regulator notice as soon as is reasonably |
| |
| |
(3) | If the notice is not given the step is not invalidated (but the end of the |
| |
moratorium depends on the notice being given — see section 142(2)). |
| 20 |
(4) | The regulator shall give the HCA a copy of any notice received under this |
| |
| |
| | | | | | Any step, of a kind prescribed for the purposes of this |
| The person taking the step |
| | | | section by the Secretary of State by order, to enforce a |
| | | 25 | | security over land held by a registered provider |
| | | | | The making of an order for winding up a registered |
| | | | | | | | | | (a) | a registered company, or |
| | | | | (b) | an industrial and provident society |
| | | 30 | | The passing a resolution for the winding up of a |
| | | | | registered provider which is— |
| | | | | (a) | a registered company, or |
| | | | | (b) | an industrial and provident society |
| | | | | The making of an administration order in accordance |
| The person who applied for the |
| | 35 | | with paragraph 13 of Schedule B1 to the Insolvency Act |
| | | | | 1986 in respect of a registered provider which is a |
| | | | | | | | | | The appointment of an administrator under paragraph |
| | | | | 14 or 22 of that Schedule in respect of a registered |
| | | 40 | | provider which is a registered company |
| | | |
|
142 | Duration of moratorium |
| |
(1) | The moratorium begins when the step specified in section 141 is taken. |
| |
|
| |
|
| |
|
(2) | The moratorium ends (unless extended or cancelled) with the period of 28 days |
| |
beginning with the day on which the regulator receives notice under section |
| |
| |
(3) | During a moratorium the regulator may extend it (or further extend it) for a |
| |
specified period, with the consent of each secured creditor of the registered |
| 5 |
| |
(4) | If the regulator extends a moratorium it shall notify— |
| |
(a) | the registered provider, |
| |
(b) | any liquidator, administrator, administrative receiver or receiver |
| |
appointed in respect of the registered provider or its land, and |
| 10 |
| |
(5) | During a moratorium the regulator may cancel it if satisfied that it is |
| |
unnecessary to make proposals under section 146. |
| |
(6) | Before cancelling a moratorium the regulator must consult the person who |
| |
took the step that triggered it. |
| 15 |
(7) | When a moratorium ends the regulator shall give notice, and (except in the case |
| |
of cancellation) an explanation of section 143, to— |
| |
(a) | the registered provider, and |
| |
(b) | its secured creditors. |
| |
(8) | When a moratorium ends the regulator shall also give notice to the HCA. |
| 20 |
(9) | Taking a further step during a moratorium does not— |
| |
(a) | start a new moratorium, or |
| |
(b) | alter the existing moratorium’s duration. |
| |
| |
(1) | This section applies if— |
| 25 |
(a) | a moratorium in respect of a registered provider ends otherwise than |
| |
| |
(b) | a further step specified in section 141 is taken in relation to the provider |
| |
within the period of 3 years beginning with the end of the moratorium. |
| |
(2) | The further step does not automatically trigger a further moratorium. |
| 30 |
(3) | But the regulator may impose a further moratorium for a specified period, if |
| |
each secured creditor of the registered provider consents. |
| |
(4) | If the regulator imposes a new moratorium it shall notify— |
| |
(a) | the registered provider, |
| |
(b) | any liquidator, administrator, administrative receiver or receiver |
| 35 |
appointed in respect of the registered provider or any of its land, and |
| |
| |
(5) | This group of sections applies to a further moratorium as to a first moratorium |
| |
(except for section 142(2)). |
| |
|
| |
|