Statutory Rules of Northern Ireland
1997 No. 423
Companies (Revision of Defective Accounts and Report) (Amendment) Regulations (Northern Ireland) 1997
22nd September 1997
Coming into operation
27th October 1997
The Department of Economic Development in exercise of the powers conferred on it by Article 253(3) and (4) of the Companies (Northern Ireland) Order 1986(1) and of every other power enabling it in that behalf, hereby makes the following Regulations:
1. These Regulations may be cited as the Companies (Revision of Defective Accounts and Report) (Amendment) Regulations (Northern Ireland) 1997 and shall come into operation on 27th October 1997.
2. The Companies (Revision of Defective Accounts and Report) Regulations (Northern Ireland) 1991(2) are amended in accordance with regulations 3 to 6.
3. In regulations 6(1) and 7(1), for the words from “where a company’s auditors” to “make a further report” substitute “a company’s current auditors shall make a report or (as the case may be) further report under Article 243”.
4. In regulation 10(3) after “The directors shall also” insert “not more than 28 days after the revision,”.
5. After regulation 13 insert—
“Revision of abbreviated accounts
13A.—(1) This regulation has effect (subject to regulation 16(2)) where the directors have delivered to the registrar abbreviated accounts which do not comply with the provisions of the Order for reasons other than those specified in regulation 13(2).
(2) The directors of the company shall cause the company—
(a)to prepare further abbreviated accounts under Article 254 in accordance with the provisions of that Article and Schedule 8 to the Order, and
(b)to deliver those accounts to the registrar within 28 days after the date of revision together with a statement as to the effect of the revisions made.
(3) Article 250(2) to (5) shall apply with respect to a failure to comply with the requirements of this regulation as they apply with respect to a failure to comply with the requirements of Article 250(1) but as if—
(a)the references in Article 250(2) and (4) to “the period allowed for laying and delivering accounts and reports” was a reference to the period of 28 days referred to in paragraph (2); the reference in Article 250(2) to “that period” shall be construed accordingly, and
(b)the reference in Article 250(5) to “the documents in question” was a reference to the documents referred to in paragraph (2)(a) and to the provisions of Part VIII of the Order as applied by these Regulations.”.
6. In regulation 16(2) after “regulation 13” insert “or 13A”.
Sealed with the Official Seal of the Department of Economic Development on
A. L. Brown
22nd September 1997.
(This note is not part of the Regulations.)
These Regulations, which are made under Article 253(3) and (4) of the Companies (Northern Ireland) Order 1986 make certain amendments to the Companies (Revision of Defective Accounts and Report) Regulations (Northern Ireland) 1991 (S.R. 1991 No. 268). In particular—
(a)regulation 3 amends regulations 6(1) and 7(1) of the 1991 Regulations to make it clear that a company’s current auditors are required to report on any revised accounts (or revised directors' report) prepared under Article 253 unless the directors engage the former auditors under regulation 6(2) or 7(2);
(b)regulation 5 amends regulation 10(3) of the 1991 Regulations to make it clear that the obligation under that provision must be complied with not more than 28 days after the date of revision of the accounts (or directors' report) under Article 253; and
(c)regulation 6 inserts a new regulation 13A into the 1991 Regulations which provides for the preparation and delivery to the registrar of companies of revised abbreviated accounts (as defined in regulation 13(1) of the 1991 Regulations) in addition to the provision already made by regulation 13.
S.I. 1986/1032 (N.I. 6); Article 253 was inserted into the Companies (Northern Ireland) Order 1986 by Article 14 of the Companies (Northern Ireland) Order 1990 (S.I. 1990/593 (N.I. 5)), in place of an existing Article of that number, and amended by regulation 4 of, and paragraph 2 of Schedule 1 to, S.R. 1995 No. 128
S.R. 1991 No. 268, was amended by regulation 10 of S.R. 1993 No. 267, by regulation 5 of, and Schedule 2 to, S.R. 1995 No. 128 and by regulation 12 of S.R. 1996 No. 179