COMPANIES Citation, commencement and interpretation 1 1 These Regulations may be cited as the Companies Act 1985 (Accounts of Small and Medium-Sized Enterprises and Audit Exemption) (Amendment) Regulations 2004. 2 These Regulations shall come into force on 30th January 2004 (the “commencement date”). 3 In these Regulations “the 1985 Act ” means the Companies Act 1985. Accounts of small and medium-sized companies 2 1 The table in section 247(3) of the 1985 Act (qualification of company as small or medium-sized) is amended as follows. 2 Under the heading “Small company” — a for “Not more than £2.8 million” (turnover) substitute “Not more than £5.6 million”; and b for “Not more than £1.4 million” (balance sheet total) substitute “Not more than £2.8 million”. 3 Under the heading “Medium-sized company” — a for “Not more than £11.2 million” (turnover) substitute “Not more than £22.8 million”; and b for “Not more than £5.6 million” (balance sheet total) substitute “Not more than £11.4 million”. Accounts of small and medium-sized groups 3 1 The table in section 249(3) of the 1985 Act (qualification of group as small or medium-sized is amended as follows. 2 Under the heading “Small group” — a for “Not more than £2.8 million net (or £3.36 million gross)” (aggregate turnover) substitute “Not more than £5.6 million net (or £6.72 million gross)”; and b for “Not more than £1.4 million net (or £1.68 million gross)” (aggregate balance sheet total) substitute “Not more than £2.8 million net (or £3.36 million gross)”. 3 Under the heading “Medium-sized group” — a for “Not more than £11.2 million net (or £13.44 million gross)” (aggregate turnover) substitute “Not more than £22.8 million net (or £27.36 million gross)”; and b for “Not more than £5.6 million net (or £6.72 million gross)” (aggregate balance sheet total) substitute “Not more than £11.4 million net (or £13.68 million gross)”. Audit Exemption 4 1 Section 249A of the 1985 Act (exemptions from audit for certain categories of small company) is amended as follows. 2 In subsections (3)(b) and (3A)(b), for “£1 million” substitute “£5.6 million”. 3 In subsection (3)(c), for “£1.4 million” substitute “£2.8 million”. Cases where exemption from audit not available 5 1 Section 249B of the 1985 Act (cases where exemption from audit not available) is amended as follows. 2 In subsection (1C)(b), for “not more than £1 million net (or £1.2 million gross)” substitute “not more than £5.6 million net (or £6.72 million gross)”. 3 In subsection (1C)(c), for “not more than £1.4 million net (or £1.68 million gross)” substitute “not more than £2.8 million net (or £3.36 million gross)”. The reporting accountant 6 1 Section 249D(3) of the 1985 Act (bodies referred to in the definition of reporting accountant) is amended as follows. 2 Omit “and” at the end of paragraph (g). 3 After paragraph (h) insert , and i the Institute of Chartered Secretaries and Administrators. Transitional provisions 7 1 Regulations 2 and 3 shall have effect in relation to financial years ending on or after the commencement date. 2 For the purposes of determining whether a company or group qualifies, or is treated as qualifying, as small or medium-sized under section 247 or 249 of the 1985 Act in relation to a financial year ending on or after the commencement date, the company or group shall be treated as having qualified as small or medium-sized (as the case may be) in any previous financial year in which it would have so qualified, or have been treated as so qualifying, under section 247 or 249 as amended by regulations 2 and 3. 3 In paragraphs (1) and (2) references to financial years ending on or after the commencement date do not include financial years which only end on or after that date by reason of an exercise of the power conferred by section 225 of the 1985 Act (alteration of accounting reference date) by the giving of a notice to the registrar on or after the date on which these Regulations are made. 4 Regulations 4 and 5 shall have effect in relation to financial years ending two months or more after the commencement date. 5 Regulation 6 shall have effect in relation to financial years ending on or after the commencement date. Sainsbury of Turville, Parliamentary Under Secretary of State for Science and Innovation, Department of Trade and Industry 9th January 2004