General power to make further provision about accounts and reportsU.K.
468General power to make further provision about accounts and reportsU.K.
(1)The Secretary of State may make provision by regulations about—
(a)the accounts and reports that companies are required to prepare;
(b)the categories of companies required to prepare accounts and reports of any description;
(c)the form and content of the accounts and reports that companies are required to prepare;
(d)the obligations of companies and others as regards—
(i)the approval of accounts and reports,
(ii)the sending of accounts and reports to members and others,
(iii)the laying of accounts and reports before the company in general meeting,
(iv)the delivery of copies of accounts and reports to the registrar, and
(v)the publication of accounts and reports.
(2)The regulations may amend this Part by adding, altering or repealing provisions.
(3)But they must not amend (other than consequentially)—
(a)section 393 (accounts to give true and fair view), or
(b)the provisions of Chapter 11 (revision of defective accounts and reports).
(4)The regulations may create criminal offences in cases corresponding to those in which an offence is created by an existing provision of this Part.
The maximum penalty for any such offence may not be greater than is provided in relation to an offence under the existing provision.
(5)The regulations may provide for civil penalties in circumstances corresponding to those within section 453(1) (civil penalty for failure to file accounts and reports).
The provisions of section 453(2) to (5) apply in relation to any such penalty.
Modifications etc. (not altering text)
C1S. 468 applied (with modifications) (1.10.2008) by The Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008 (S.I. 2008/1911), reg. 27
C2Ss. 418-469 applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 10 (with transitional provisions and savings in regs. 7, 9, Sch. 2)
C3Ss. 441-469 applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 10 (with reg. 7, Sch. 2) (as amended (with application in accordance with reg. 1(3) of the amending S.I.) by The Unregistered Companies (Amendment) Regulations 2013 (S.I. 2013/1972), regs. 1(2), 2(2)(a))
Commencement Information
I1S. 468 wholly in force at 6.4.2008; s. 468 not in force at Royal Assent, see s. 1300; s. 468 in force for specified purposes at 20.1.2007 by S.I. 2006/3428, art. 3(3) (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5); s. 468 in force at 6.4.2008 by S.I. 2007/3495, art. 3(1)(d) (with arts. 7, 12, Sch. 4 paras. 6-8)
[F1468AUse or disclosure of profit and loss accounts for certain companiesU.K.
(1)The Secretary of State may by regulations make provision requiring the registrar, on application or otherwise—
(a)not to make available for public inspection profit and loss accounts, or parts of them, delivered to the registrar under—
section 443A (micro-entities), or
section 444 (other small companies);
(b)to refrain from disclosing such accounts, or parts of them, except in specified circumstances.
(2)Regulations under subsection (1) which provide for the making of an application may make provision as to—
(a)who may make an application;
(b)the grounds on which an application may be made;
(c)the information to be included in and documents to accompany an application;
(d)the notice to be given of an application and of its outcome;
(e)how an application is to be determined;
(f)the duration of, and procedures for revoking, any restrictions on the making of information available for public inspection or its disclosure.
(3)Provision under subsection (2)(e) or (f) may in particular provide for a question to be referred to a person other than the registrar for the purposes of determining the application or revoking the restrictions.
(4)The circumstances that may be specified under subsection (1)(b) by way of an exception to a restriction on disclosure include circumstances where the court has made an order, in accordance with the regulations, authorising disclosure.
(5)Regulations under subsection (1)(b) may not require the registrar to refrain from disclosing information under section 1110F (general powers of disclosure by the registrar).
(6)Regulations under this section may in particular confer a discretion on the registrar.
(7)Regulations under this section are subject to affirmative resolution procedure.]