C1Part 8Charity accounts, reports and returns

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CHAPTER 3Audit or examination of accounts

Exempt and excepted charities

160Exempt charities

1

Nothing in sections 144 to 155 (audit or examination of accounts) applies to an exempt charity.

2

Sections 156(2) to (6) and 157 (duty of auditors etc. of individual accounts to report matters to Commission) apply in relation to a person appointed to audit, or report on, the accounts of an exempt charity which is not a company as they apply in relation to the person referred to in section 156 as “P”, but reading—

a

any reference to P's acting in the capacity mentioned in section 156(1) as a reference to the person acting as a person so appointed, and

b

any reference to the Commission or to any of its functions as a reference to the charity's principal regulator or to any of the latter's functions as principal regulator in relation to the charity.

3

Nothing in section 158 (duty of auditors etc. in relation to group accounts) applies to an exempt charity.

161Excepted charities

1

Nothing in sections 144 to 146 (audit or examination of individual accounts) applies to any charity which—

a

falls within section 30(2)(d) (whether or not it also falls within section 30(2)(b) or (c)), and

b

is not registered.

2

Except in accordance with subsections (3) and (4), nothing in—

a

section 154 or 155 (regulations relating to audits and examinations), or

b

section 156 or 157 (duty of auditors etc. to report matters to Commission),

applies to a charity mentioned in subsection (1).

3

Sections 154 to 157 apply to a charity mentioned in subsection (1) which is also—

a

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

b

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

4

Sections 156 and 157 apply in accordance with section 160(2) to a charity mentioned in subsection (1) which is also an exempt charity.