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STATUTORY INSTRUMENTS


2006 No. 564

LOCAL GOVERNMENT, ENGLAND

The Accounts and Audit (Amendment)(England) Regulations 2006

  Made 3rd March 2006 
  Laid before Parliament 10th March 2006 
  Coming into force 1st April 2006 

The First Secretary of State makes the following Regulations in exercise of the powers conferred by section 27 of the Audit Commission Act 1998[1] ("the 1998 Act") and section 134(6) of the Greater London Authority Act 1999[2].

     In accordance with section 27(3) of the 1998 Act, he has consulted the Commission, such associations of local authorities as appear to him to be concerned and such bodies of accountants as appear to him to be appropriate.

Citation, commencement and application
     1. —(1) These Regulations may be cited as the Accounts and Audit (Amendment)(England) Regulations 2006 and shall come into force on 1st April 2006.

    (2) These Regulations apply to relevant bodies in England only.

Amendment of the Accounts and Audit Regulations 2003
    
2. The Accounts and Audit Regulations 2003[3] are amended as set out in regulations 3 to 21.

Interpretation and application
     3. In regulation 2 (interpretation and application)—

Responsibility for financial management
     4. In regulation 4 (responsibility for financial management)—

Accounting records and control systems
    
5. In regulation 5 (accounting records and control systems)—

Internal audit
    
6. In regulation 6 (internal audit), the existing provision becomes paragraph (1) and—

Statement of accounts
    
7. In regulation 7 (statement of accounts)—

Passenger Transport Executives
    
8. After regulation 7, insert—

Summary statement of accounts - Greater London Authority
    
9. In regulation 8 (summary statement of accounts - Greater London Authority), for "proper practices" substitute "proper practices in relation to accounts".

Other accounting statements
    
10. In regulation 9 (other accounting statements)—

Signing and approval of statement of accounts etc
    
11. In regulation 10 (signing and approval of statement of accounts etc)—

Publication of statement of accounts etc
    
12. In regulation 11 (publication of statement of accounts etc)—

Publication of income and expenditure account and receipts and payments
    
13. In regulation 12 (publication of income and expenditure account and receipts and payments)—

Appointment of date for the exercise of rights of electors
    
14. In regulation 13 (appointment of date for the exercise of rights of electors), omit ", or in the case of a parish meeting the chairman of the meeting,".

Public inspection of accounts
    
15. In regulation 14 (public inspection of accounts)—

Notice of public rights
    
16. In regulation 16 (notice of public rights)—

Notice of conclusion of audit
    
17. In regulation 18 (notice of conclusion of audit) —

Publication of annual audit letter
    
18. In regulation 19 (publication of annual audit letter) for "it is received, a relevant body" substitute "receipt of the annual letter from the auditor or the Commission, a committee of the relevant body or the members of the relevant body meeting as a whole, shall meet to consider it and following that consideration".

Joint committees etc
    
19. In regulation 20 (joint committees etc), in paragraph (1)—

Extraordinary audit
    
20. In regulation 21 (extraordinary audit)—

Offences
    
21. In regulation 22 (offences), in paragraph (2), for "4" substitute "4(2) to (4), 6(2) to (4)".

Revocation
    
22. The Accounts and Audit (Passenger Transport Executives and the London Transport Executive) Regulations 1983[6] are revoked.



Signed by authority of the First Secretary of State


Phil Woolas
Minister of State Office of the Deputy Prime Minister

3rd March 2006



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Accounts and Audit Regulations 2003 ("the 2003 Regulations").

Regulation 3 amends regulation 2 of the 2003 Regulations by the substitution of a new definition of "working day". A new definition of "relevant body" has also been substituted which has the effect of bringing passenger transport executives within the 2003 Regulations. A new definition of "smaller relevant body" has been inserted and, together with the amendments to regulations 7 and 9 of the 2003 Regulations, provides that bodies with income or expenditure below £1 million usually need only produce an annual return. Those with an income or expenditure of £1million or more must prepare a full statement of accounts. Regulation 3 also amends the definition of "responsible financial officer" in paragraph (2) of regulation 2 of the 2003 Regulations to add further relevant statutory provisions. A new paragraph (2A) is inserted into that regulation. It provides that any reference to a relevant body is to be read, in relation to a parish meeting, as a reference to the chairman of that meeting.

Regulation 4 amends regulation 4 of the 2003 Regulations to require the findings of reviews of the system of internal control (referred to in regulation 4(2) of those Regulations) to be considered by a committee of the relevant body, or by members of the body meeting as a whole. In regulation 4 of the 2003 Regulations (and regulations 6, 7, 8 and 9) references to "proper practices" have been changed to "proper practices in relation to accounts" and "proper practices in relation to internal control", as appropriate to each case.

Regulation 5 corrects typographical errors in regulation 5 of the 2003 Regulations.

Regulation 6 amends regulation 6 of the 2003 Regulations to require bodies to review their system of internal audit once a year and for the findings of the review to be considered by a committee of the body, or by the body as a whole, as part of the consideration of the system of internal control referred to in regulation 4(3).

Regulation 7 deletes some of the provisions listed in regulation 7(1) of the 2003 Regulations and adds a reference to the firefighters' pension fund. A requirement to provide a note on the Dedicated Schools Grant is inserted into paragraph (2).

Regulation 8 inserts regulation 7A into the 2003 Regulations. Paragraph (1) of the inserted regulation provides for the statement of accounts of passenger transport executives to be no less informative than statements prepared under the Companies Act 1985 (this rule was previously included as regulation 5(3) of the Accounts and Audit (Passenger Transport Executives and the London Transport Executive) Regulations 1983). Paragraph (2) of the inserted regulation requires passenger transport executives to charge retirement benefits to a revenue account.

Regulation 10 amends regulation 9 of the 2003 Regulations so that smaller relevant bodies are required to prepare statement of accounts.

Regulation 11 amends regulation 10 of the 2003 Regulations to require the approval of the statement of accounts of smaller relevant bodies by June rather than September. This change is phased in over three years. A new paragraph (6) is added, specifying the procedure to be followed where a body does not approve its accounts.

Regulation 12 makes minor amendments to regulation 11 of the 2003 Regulations.

Regulation 13 amends regulation 12 of the 2003 Regulations so as to apply provisions equivalent to those in the amended regulation 11 to smaller relevant bodies. In particular it requires the publication of the statement of accounts of smaller relevant bodies by September rather December, but this change is phased in over three years.

Regulation 17 makes minor amendments to regulation 18 of the 2003 Regulations.

Regulation 18 makes a minor amendment to regulation 19 of the 2003 Regulations in relation to the reference to the annual letter to local government bodies.

Regulation 19 makes a minor amendment to regulation 20 of the 2003 Regulations in relation to joint committees.

Regulation 21 amends paragraph (2) of regulation 22 of the 2003 Regulations. Substituted regulation 6(2) to (4) has been included in the list of provisions. Failure to comply with any requirement of regulation 4(1) of the 2003 Regulations does not now give rise to the commission of an offence.

Regulation 22 revokes the Accounts and Audit (Passenger Transport Executives and the London Transport Executive) Regulations 1983.


Notes:

[1] 1998 c. 18.back

[2] 1999 c. 29.back

[3] S.I. 2003/533, amended by S.I. 2004/556 and S.I. 2004/3168.back

[4] 1999 c. 27.back

[5] 1971 c. 80.back

[6] S.I. 1983/1849.back


[a] Amended by Correction Slip. Page 2, regulation 3(d), in the substituted regulation 2(2)(a)(ii); "the Norfolk and Suffolk Boards Act 1988;" should read "the Norfolk and Suffolk Broads Act 1988;". back




ISBN 0 11 074169 2


 © Crown copyright 2006

Prepared 10 March 2006


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