The Building Societies (Accounts and Related Provisions) Regulations 1987

• (a) where a copy of it or a memorandum of its terms is included in the register maintained under section 68 of the Act (which requires the maintenance of such a register), the existence of the register and the availability of requisite particulars from it for inspection shall be disclosed;

• (b) where it comes within subparagraph (1)(b) above, its particulars shall be disclosed unless it was one which would, had the relevant subsidiaries of the society formed part of the society, have been excepted from the obligations imposed by section 68 of the Act.

• (4) Regulation 5(2)(b) above shall not apply to this paragraph.

• (5) So far as this paragraph applies to loans to and other transactions and arrangements with persons who are not directors of the society, it applies to those to which the society (or, in the case of any relevant subsidiary incorporated in the United Kingdom, the relevant subsidiary) has notice of the application of this paragraph, and for this purpose notice of the connection of any such person with a director of the society shall be treated as notice of the application of this paragraph.

SCHEDULE 5 — ACCOUNTING PRINCIPLES AND RULES

PART I — accounting principles

1

Subject to paragraph 7 below, the amounts to be included in respect of all items shown in a society’s annual accounts shall be determined in accordance with the principles set out in this Part of this Schedule.

2

The society shall be presumed to be carrying on business as a going concern, and so, where group accounts are prepared, shall the society and its relevant subsidiaries.

3

Accounting policies shall be applied consistently from one financial year to the next.

4

• (1) The amount of any item shall be determined on a prudent basis, and in particular all liabilities and losses which have arisen or are likely to arise in respect of the financial year to which the accounts relate or a previous financial year shall be taken into account, including those which only become apparent between the balance sheet date and the relevant date.

• (2) For the purposes of subparagraph (1) above, the relevant date is the date of signature of the balance sheet of the society on behalf of the board of directors under section 80 of the Act (signing of balance sheet and annexing of documents).

5

Except so far as these Regulations otherwise specify, income and charges relating to the financial year to which the accounts relate shall be taken into account without regard to the date of receipt or payment.

6

In determining the aggregate amount of any item the amount of each individual asset or liability that falls to be taken into account shall be determined separately.

PART II — departure from accounting principles

7

If it appears to the directors of a society that there are special reasons for departing from any of the principles stated in Part I above in preparing annual accounts in respect of any financial year they may do so, but particulars of the departure, the reasons for it, and its effect shall be given in a note to the annual accounts.

PART III — fixed assets

8

• (1) Subject to any provision for depreciation or diminution in value made in accordance with paragraph 9 or 10 below, the amount to be included in respect of any fixed asset shall be its purchase price unless it is valued in accordance with paragraph 14 below.

• (2) In this Schedule “fixed asset” means an asset which falls to be classified as a fixed asset in a balance sheet.

9

In the case of any fixed asset which has a limited useful economic life, the amount of—

• (a) the purchase price, or

• (b) where it is estimated that any such asset will have a residual value at the end of the period of its useful economic life, its purchase price less that estimated residual value,

shall be reduced by provisions for depreciation calculated to write off that amount systematically over the period of the asset’s useful economic life.

10

• (1) Provisions for diminution in value shall be made in respect of any fixed asset which has diminished in value if the reduction in its value is expected to be permanent (whether its useful economic life is limited or not), and the amount to be included in respect of it shall be reduced accordingly, and any such provisions which are not shown in the income and expenditure account shall be disclosed (either separately or in aggregate) in a note to the accounts.

• (2) Where the reasons for which any provision in respect of fixed assets (whether or not it is one to which subparagraph (1) above applies) was made have ceased to apply to any extent, that provision shall be written back to the extent that it is no longer necessary, and any amounts written back in accordance with this subparagaph which are not shown in the income and expenditure account shall be disclosed (either separately or in aggregate) in a note to the accounts.

11

Assets included in Asset items 4(d) and (f) in a balance sheet shall be valued according to methods set out for valuation of fixed assets in this Part of this Schedule where they are intended for use on a continuing basis in the normal course of a society’s activities.

12

• (1) The application of paragraphs 8 to 10 above in relation to goodwill (in any case where goodwill is treated as an asset) is subject to subparagraph (2) below.

• (2) The amount of the consideration for any goodwill acquired by a society shall be reduced by provisions for amortisation calculated to write off that amount systematically over a period which shall not exceed the useful economic life of the goodwill in question.

PART IV — accounting rules

13

Subject to paragraphs 15 and 16 the amounts to be included in respect of assets of any description mentioned in paragraph 14 may be determined on any basis so mentioned.

14

• (1) Tangible fixed assets may be included at a market value determined as at the date of their last valuation or at their current cost.

• (2) Investments of any description falling to be included in the balance sheet as investments in associated bodies may be included either—

• (a) at a market value determined as at the date of their last valuation; or

• (b) at a value determined by use of a different method of valuation appropriate to the valuation of the investment in the particular body in respect of which that method is used;

and where paragraph (b) above applies particulars of the method of valuation adopted and of the reasons for adopting it shall be disclosed in a note to the accounts.

15

Where the value of any asset of a society is determined on any basis mentioned in paragraph 14 above that value shall be, or (as the case may require) be the starting point for determining, the amount to be included in respect of that asset in the society’s accounts, instead of its purchase price or any value previously so determined for that asset, and methods for depreciation to be used pursuant to these Regulations shall apply accordingly in relation to any such asset with the substitution for any reference to its purchase price of a reference to the value most recently determined for that asset on any basis mentioned in paragraph 14 above.

16

• (1) With respect to any determination of the value of an asset of a society on any basis mentioned in paragraph 14, the amount of any profit or loss arising from that determination (after allowing, where appropriate, for any provisions for depreciation or diminution in value made otherwise than by reference to the value so determined and any adjustments of any such provisions made in the light of that determination) shall be credited or (as the case may be) debited to a separate reserve (referred to in these Regulations as “the revaluation reserve”).

• (2) The revaluation reserve shall be reduced to the extent that the amounts standing to the credit of that reserve are no longer necessary for the purpose of the accounting policies adopted by the society, but an amount may only be transferred from that reserve to the income and expenditure account if either—

• (a) the amount in question was previously charged to that account, or

• (b) it represents a realised profit.

• (3) The treatment for taxation purposes of amounts credited or debited to the revaluation reserve shall be disclosed in a note to the accounts.

17

Advances and loans disclosed under items 2, 3 and 4(a) to (c) in the balance sheet Part I or, as the case may be, Part II of Schedule 2 above shall be included (after deduction of provisions for losses) at the amount of the outstanding loan or advance or the capital repayment amount, if lower, in the case where the capital repayable is variable.

18

• (1) This paragraph applies to liquid assets within a relevant category in a balance sheet (that is to say item 1(b), 1(c)(i) or 1(c)(ii)).

• (2) The balance sheet shall show liquid assets within a relevant category at cost (whether or not adjusted), at market value or at a combination of the two.

19

To the extent that a relevant category of liquid assets under paragraph 18 above includes liquid assets at cost, the method of arriving at their cost shall be disclosed in the notes to the annual accounts.

20

In any particular account, unless these Regulations otherwise require or permit, amounts in respect of items representing assets or income may not be set off against amounts in respect of items representing liabilities or expenditure (as the case may be), or vice versa.

SCHEDULE 6 — DIRECTORS' REPORT

1

There shall be stated the names of the persons who, at any time during the financial year, were directors of the society.

2

The directors' report shall contain—

• (a) a statement of the business objectives and activities of the society and its associated bodies,

• (b) particulars of any events which have occurred since the end of the financial year and which are considered by the directors of the society to have an important effect on the society or any of its associated bodies, and

• (c) an indication of the opinion of the directors of the society as to the developments which they consider likely to happen in the business of the society and its associated bodies.

3

• (1) If significant changes in the fixed assets of the society or of any relevant subsidiary have occurred in the financial year, the report shall contain particulars of the changes.

• (2) If, in the case of such of those fixed assets as consist in interests in land and buildings, their market value (as at the end of the financial year) differs substantially from the amount at which they are included in the balance sheet, and the difference is, in the directors' opinion, of such significance as to require that the attention of members of the society should be drawn to it, the report shall indicate the difference with such degree of precision as is practicable.

4

• (1) The following applies if the society or any relevant subsidiary of the society has in the financial year given money for political purposes or charitable purposes or both.

• (2) If the money given exceeded £200 in amount, there shall be contained in the directors' report for the year—

• (a) in the case of each of the purposes for which the money has been given, a statement of the amount of money given for that purpose, and

• (b) in the case of political purposes for which money has been given, the following particulars (so far as is applicable):

• (i) the name of each person to whom money has been given for those purposes exceeding £200 in amount and the amount of money given; and

• (ii) if money exceeding £200 in amount has been given by way of donation or subscription to a political party, the identity of the party and the amount of money given.

• (3) For the purposes of this paragraph a society or a relevant subsidiary is to be treated as giving money for political purposes if, directly or indirectly—

• (a) it gives a donation or subscription to a political party of the United Kingdom or any part of it, or

• (b) it gives a donation or subscription to a person who, to the society’s knowledge (or, as the case may be, that of the relevant subsidiary), is carrying on, or proposing to carry on, any activities which can, at the time at which the donation or subscription was given, reasonably be regarded as likely to affect public support for such a political party as is mentioned above.

• (4) For the purposes of this paragraph money given for charitable purposes to a person who, when it was given, was ordinarily resident outside the United Kingdom shall be left out of account.

• (5) In this paragraph, “charitable purposes” means purposes which are exclusively charitable; and, as respects Scotland, “charitable” is to be construed as if it were contained in the Income Tax Acts.

5

• (1) Subject to subparagraphs (2) and (3) below, the directors' report shall state the following, with respect to each person who, at the end of the financial year, was a director of the society—

• (a) whether or not he was at the end of that year interested in shares in, or debentures of, any associated body of the society;

• (b) if he was so interested—

• (i) the number and amount of shares in, and debentures of, each such body (specifying it) in which he was then interested,

• (ii) whether or not he was, at the beginning of that year (or, if he was not then a director, when he became one), interested in shares in, or debentures of, that or any other such body, and

• (iii) if he was, the number and amount of shares in, and debentures of, each body (specifying it) in which he was interested at the beginning of the financial year or (as the case may be) when he became a director.

• (2) The particulars required by paragraph (1) above may be given by way of notes to the society’s annual accounts in respect of the financial year, instead of being stated in the directors' report.

• (3) Particulars required by paragraph (1) above are not required to be given in respect of directors' nominee shareholdings, held on behalf of the society.

• (4) Any changes, in the details disclosed under paragraph (1) above, between the end of the year and the relevant date must be disclosed in the directors' report and any such change after that date may be so disclosed.

• (5) For the purposes of subparagraph (4) above “the relevant date” is—

• (a) the date one month prior to the date of the notice of the society’s annual general meeting, or

• (b) if earlier, the date on which approval, under section 80 of the Act, of components of the annual accounts is completed.

6

• (1) This paragraph applies to the directors' report where the average number of persons employed by the society in each month during the financial year exceeded 250.

• (2) For the purposes of subparagraph (1) above the average number is the quotient derived by dividing, by the number of complete calendar months in the financial year, the number derived by ascertaining, in relation to each of those months, the number of persons who, under contracts of service, were employed in the month (whether throughout it or not) by the society, and adding up the numbers ascertained.

• (3) The directors' report shall where this paragraph applies contain a statement describing such policy as the society has applied during the financial year—

• (a) for giving full and fair consideration to applications for employment by the society made by disabled persons, having regard to their particular aptitudes and abilities,

• (b) for continuing the employment of, and for arranging appropriate training for, employees of the society who have become disabled persons during the period when they were employed by the society, and

• (c) otherwise for the training, career development and promotion of disabled persons employed by the society.

• (4) The directors' report shall where this paragraph applies also contain a statement describing the action that has been taken during the financial year to introduce, maintain or develop arrangements aimed at—

• (a) providing employees systematically with information on matters of concern to them as employees,

• (b) consulting employees or their representatives on a regular basis so that the views of employees can be taken into account in making decisions which are likely to affect their interests,

• (c) encouraging the involvement of employees in the society’s performance, and

• (d) achieving a common awareness on the part of all employees of the financial and economic factors affecting the performance of the society.

• (5) In this paragraph—

• (a) “employment” means employment other than employment to work wholly or mainly outside the United Kingdom, and “employed” and “employee” shall be construed accordingly; and

• (b) “disabled person” means the same as in the Disabled Persons (Employment) Act 1944[^f00004] and the Disabled Persons (Employment) Act (Northern Ireland) 1945[^f00005].

7

• (1) The directors' report shall disclose, in accordance with subparagraph (2) below—

• (a) free capital as a percentage of the total of the share and deposit liabilities in the balance sheet,

• (b) gross capital as a percentage of the total of the share and deposit liabilities in the balance sheet,

and, where consistency with the use of expression in the balance sheet so requires, the expression “share, deposit and loan liabilities” shall be used in the directors' report in place of the expression “share and deposit” liabilities.

• (2) The matters required to be disclosed by subparagraph (1) above shall be disclosed—

• (a) where the society is a single accounts society, in relation to the society, and

• (b) where the society is a group accounts society, in relation to the society and its relevant subsidiaries.

8

The directors' report shall also disclose the number of mortgage accounts twelve or more months in arrears and the total amount of such arrears.

SCHEDULE 7 — ANNUAL BUSINESS STATEMENT

Statutory ratios and percentages

1

• (1) Subject to the following provisions of this paragraph, the annual business statement of a society shall state, as at the end of the financial year with which it deals, the following ratios and particulars:

• (a) a ratio showing—

• (i) as its first quantity, non-retail funds and deposits as a percentage of shares and deposits, and

• (ii) as its second quantity, the relevant statutory limit for that percentage;

• (b) a ratio showing—

• (i) as its first quantity, deposits as a percentage of shares and deposits, and

• (ii) as its second quantity, the relevant statutory limit for that percentage;

• (c) advances secured on residential property as a percentage of total commercial assets;

• (d) advances secured on land other than residential property as a percentage of total commercial assets;

• (e) a ratio showing—

• (i) as its first quantity, commercial assets other than advances secured on land as a percentage of total commercial assets, and

• (ii) as its second quantity, the relevant statutory limit for that percentage; and

• (f) a ratio showing—

• (i) as its first quantity, the aggregate of the assets to which paragraphs (d) and (e)(i) refer as a percentage of total commercial assets, and

• (ii) as its second quantity, the relevant statutory limit for that percentage.

• (2) The annual business statement shall include an explanation of what is represented by—

• (a) each of the quantities specified in subparagraph (1) above;

• (b) the description of advances referred to in—

• (i) subparagraph (1)(c) above, and

• (ii) subparagraph (1)(d) above; and

• (c) each of the relevant statutory limits specified in subparagraph (1) above.

• (3) In subparagraph (1) above—

• (a) in paragraph (a), the first quantity shall be shown in accordance with subsection (3) of section 7 of the Act (power to raise funds and borrow money) and accordingly—

• (i) “non-retail funds and deposits” means liabilities of the society in respect of its non-retail funds and deposits less those of them which are among the particular liabilities to which subsection (14) of that section refers, and

• (ii) “shares and deposits” means the total liabilities of the society in respect of shares and deposits less the particular liabilities to which subsection (14) of that section refers;

• (b) in paragraph (b), the first quantity shall be shown in accordance with subsection (1) of section 8 of the Act (proportion of liabilities to be in form of shares) and accordingly—

• (i) “deposits” means the amount of the principal of, and interest payable on, sums deposited with the society less that part of it which comes within the particular liabilities to which subsection (2) of that section refers, and

• (ii) “shares and deposits” means the aggregate of the principal of, and interest payable on, sums deposited with the society and the principal value of, and interest payable on, shares in the society less the particular liabilities to which subsection (2) of that section refers;

• (c) in paragraph (c), “advances secured on residential property” means those commercial assets which are class 1 assets for the purpose of the requirements of Part III of the Act for the structure of commercial assets;

• (d) in pragraph (d), “advances secured on land other than residential property” means those commercial assets which are class 2 assets for the purpose of the requirements of Part III of the Act for the structure of commercial assets; and

• (e) “relevant statutory limit” shall be construed—

• (i) subject to subparagraph (ii) below, in accordance with section 36 of the Act (powers in event of breach of limits), and

• (ii) where the relevant statutory limit imposed by subsection (2) (or (3)) of section 20 (commercial asset structure requirement) in respect of a particular financial year of a society is the amount imposed by paragraph (b) of that subsection, as if that amount were expressed as a percentage of the total commercial assets of the society as at the end of that financial year.

• (4) Where relevant rules are in force so as to attribute to a society assets or liabilities of a body corporate associated with it, the ratios and particulars required to be shown by this paragraph shall be shown so as to take that attribution into account, and—

• (a) where such relevant rules make provision for the disregarding of assets or liabilities of the society, those ratios and particulars shall be shown so as to take that provision into account, and

• (b) in this paragraph “relevant rules” means—

• (i) aggregation rules under section 7(10), 8(3) or 20(9) of the Act, or

• (ii) rules approved under section 7(13), 8(5) or 20(12) of the Act.

Other percentages

2

• (1) Subject to the following provisions of this paragraph, the annual business statement of a society shall state the following particulars in respect of the society both in relation to the financial year with which it deals and in relation to the previous financial year:

• (a) as a percentage of the share and deposit liabilities as at the balance sheet date—

• (i) the gross capital as at that date, and

• (ii) the free capital as at that date;

• (b) the liquid assets as at the balance sheet date as a percentage of the total assets as at that date;

• (c) the profit or loss after taxation as a percentage of—

• (i) the mean reserves, and

• (ii) the mean total assets; and

• (d) (except where there is no extraordinary profit or loss shown in the income and expenditure account in relation to either of those financial years) the ordinary profit or loss after taxation as a percentage of—

• (i) the mean reserves, and

• (ii) the mean total assets.

• (2) Where the society is a group accounts society, the particulars required to be stated by paragraph (1) above in respect of the society shall be stated in respect of the society and its relevant subsidiaries, but this subparagraph shall not be taken to prohibit the stating in addition by a society of those particulars in respect of the society alone.

• (3) Any matter required by subparagraph (1) above to be stated as a particular in, or to be used as a factor in calculating a particular required by this Regulation to be stated in, the annual business statement and which relates to a previous financial year is required to be so stated or used for purposes of assisting the assessment of the corresponding particular for the financial year with which the annual business statement deals and accordingly shall, where it can be derived from an amount in annual accounts adjusted in accordance with Regulation 3(7)(b) above, be derived from that amount as so adjusted.

• (4) The annual business statment shall include an explanation of what is represented by each of the particulars referred to in subparagraph (1) above and, where subparagraph (2) above applies, a statement of the basis on which particulars are stated by virtue of that subparagraph.

• (5) Subject to subparagraph (3) above, in this paragraph—

• (a) “share and deposit liabilities” means the aggregate of liabilities in the balance sheet representing retail and non-retail funds and deposits;

• (b) “liquid assets” and “total assets” shall be taken from the items so named in the balance sheet;

• (c) “the profit or loss after taxation” shall be taken from item 18 in Part I (or, as the case may be, item 20 in Part II) of Schedule 1 above;

• (d) “the ordinary profit or loss after taxation” shall be taken from item 12 in Part I (or, as the case may be, item 14 in Part II) of Schedule 1 above;

• (e) “mean reserves” means, in respect of a financial year, the amount produced by halving Schedule 7

the aggregate of total reserves as stated in the balance sheet in respect of that and the previous financial year; and

• (f) “mean total assets” means, in respect of a financial year, the amount produced by halving the aggregate of total assets as stated in the balance sheet in respect of that and the previous financial year.

Information relating to directors and other officers

3

• (1) The annual business statement of a society shall state—

• (a) in relation to each person who was, at the end of the financial year with which it deals, a director of the society:

• (i) his name;

• (ii) his home address or an address, other than that of the society, at which documents may be served on him;

• (iii) his business occupation;

• (iv) the bodies (other than the society) of which he is a director, if any;

• (v) his date of birth; and

• (vi) his date of appointment as director; and

• (b) in relation to each person who was, at the end of the financial year with which it deals, an officer (but not a director) of the society:

• (i) his name;

• (ii) his business occupation; and

• (iii) the bodies of which he is a director, if any.

• (2) The annual business statement of a society shall state, in relation to each person who was, at the end of the financial year with which it deals, a director or the chief executive of the society, particulars of his service contract (if any) with the society.

• (3) The annual business statement of a society shall state particulars of any arrangement entered into during the financial year with which it deals whereby—

• (a) a director of the society or a person connected with him acquired, or arranged to acquire, any non-cash asset from a relevant body, or

• (b) a relevant body acquired, or arranged to acquire, any non-cash asset from a director of the society or a person connected with him,

and for the purposes of this subparagraph “non-cash asset” and “connected with” shall be construed in accordance with Part VII (Management of Societies) of the Act, and “relevant body” means the society or any relevant subsidiary of the society.

Average rates

4

• (1) Subject to the following provisions of this paragraph, the annual business statement of a society shall state the following particulars in respect of the society, in relation to the financial year with which it deals, with regard to each of the major categories of interest bearing assets and liabilities:

• (a) the average amount outstanding during the financial year;

• (b) the interest earned on such assets;

• (c) the interest paid on such liabilities;

• (d) the average yield on such assets; and

• (e) the average rate paid on such liabilities.

• (2) Where the society is a group accounts society, the particulars required to be stated by paragraph (1) above in respect of the society shall be stated in respect of the society and its relevant subsidiaries, but this subparagraph shall not be taken to prohibit the stating in addition by a society of those particulars in relation to the society alone.

• (3) The annual business statement shall include an explanation of what is represented by each of the particulars referred to in subparagraph (1) above and, where subparagraph (2) above applies, a statement of the basis on which particulars are stated by virtue of that subparagraph.

• (4) In this paragraph—

• (a) the major categories of interest bearing assets are—

• (i) liquid assets; and

• (ii) secured advances;

• (b) the major categories of interest bearing liabilities are—

• (i) retail funds and deposits; and

• (ii) non-retail funds and deposits;

• (c) “the average amount outstanding during the financial year”, in respect of each major category of interest bearing assets and liabilities, means the amount produced by halving the aggregate of the assets (or, as the case may be, liabilities) attributable to that category in the balance sheet in respect of that and the preceding financial year, and for this purpose the amount attributable to secured advances shall be the aggregate of the amounts in Asset items 2, 3, 4(a) and 4(c) of the balance sheet in Part I (or, in the case when group accounts are used, Part II) of Schedule 2 above;

• (d) “the interest earned”, in respect of each major category of interest bearing assets, means the amount (or aggregate amount) shown as interest receivable in the income and expenditure account which is attributable to that category;

• (e) “the interest paid”, in respect of each major category of interest bearing liabilities, means the amount shown as interest payable in the income and expenditure account which is attributable to that category;

• (f) “the average yield”, in respect of each major category of interest bearing assets, means the amount (or aggregate amount) in paragraph (d) above attributable to that category as a percentage of the amount in paragraph (c) above attributable to that category; and

• (g) “the average rate paid”, in respect of each major category of interest bearing liabilities, means the amount in paragraph (e) above attributable to that category as a percentage of the amount in paragraph (c) above attributable to that category.

Associated bodies not carrying on business

5

The annual business statement of a society shall state, in respect of each associated body of the society which is not carrying on business at the end of the financial year with which the annual business statement deals, the particulars required by paragraph 10(1)(a), (b), (c), (e) and (h) of Schedule 4 above to be stated in the notes to the annual accounts in respect of associated bodies carrying on business at that time.

Information about new activities

6

• (1) The annual business statement of a society shall state, in respect of each adopted power of the society which has been exercised by the society for the first time during the financial year with which the annual business statement deals, the fact that it has been so exercised.

• (2) In determining for the purposes of subparagraph (1) above whether a power has been exercised by a society, the society shall be treated as including bodies corporate associated with it.

SCHEDULE 8 — SUMMARY FINANCIAL STATEMENT

PART I — format of summary financial statement

SECTION A — prescribed form of statement for the purposes of section 76(4) of the act

SECTION B — format of summary directors' report

1

Summary review of the business.

2

Summary review of events.

3

Summary indication of likely developments.

SECTION C — format of summary statement

SECTION D — FORMAT OF SUMMARY OF KEY FINANCIAL RATIOS

PART II — PROVISIONS APPLICABLE TO PART I

1

In section B of Part I above—

• (a) the summary review of the business shall comprise—

• (i) in the case of a single accounts society, a summary review of the business of the society during, and a commentary on its financial position at the end of, the relevant year, and

• (ii) in the case of a group accounts society, a summary review of the business of the society and its relevant subsidiaries during, and a commentary on their financial position at the end of, the relevant year;

• (b) the summary review of events shall comprise a summary review of the events during the relevant year considered by the directors of the society to have an important effect—

• (i) in the case of a single accounts society, on the society, and

• (ii) in the case of a group accounts society, on the society and its relevant subsidiaries; and

• (c) the summary indication of likely developments shall comprise a summary indication of the opinion of the directors of the society as to the developments considered by them to be likely to happen—

• (i) in the case of a single accounts society, in the business of the society, and

• (ii) in the case of a group accounts society, in the business of the society and its relevant subsidiaries.

2

In sections C and D of Part I above “year” means “financial year”, “this year” means the relevant year, and “last year” means the financial year preceding the relevant year.

3

.Any amount or percentage required to be included in section C or D of Part I above in the column headed “LAST YEAR” is required to be included for the purposes of assisting the assessment of the corresponding amount or percentage in the column headed “THIS YEAR” and accordingly shall, where it is derived from an amount in annual accounts adjusted in accordance with Regulation 3(7)(b) above, be derived from that amount as so adjusted.

4

Sections C and D of Part I above shall be completed—

• (a) in relation to a single accounts society, in relation to the society, and

• (b) in relation to a group accounts society, in relation to the society and its relevant subsidiaries.

5

Subject to paragraph 3 above, in section C of Part I above—

• (a) item 1 shall be derived from item 18 in Part I (or, as the case may be, item 20 in Part II) of Schedule 1 above,

• (b) item 2 shall be derived from item 1 in Part I (or, as the case may be, Part II) of Schedule 2 above,

• (c) item 3 shall be derived from items 2 and 3 in Part I (or, as the case may be, Part II) of Schedule 2 above,

• (d) item 4 shall be derived from item 4 in Part I (or, as the case may be, Part II) of Schedule 2 above,

• (e) item 5 shall be derived from items 5 and 6 in Part I (or, as the case may be, items 5, 6 and 7 in Part II) of Schedule 2 above,

• (f) item 6 shall be derived from items 8(a), 8(c), 9(g) and 9(h) in Part I (or, as the case may be, items 9(a), 9(c), 10(g) and 10(h) in Part II) of Schedule 2 above,

• (g) item 7 shall be derived from items 8(b) and 9(a) to (f) in Part I (or, as the case may be, items 9(b) and 10(a) to (f) in Part II) of Schedule 2 above,

• (h) item 8 shall be derived from items 10 and 11 in Part I (or, as the case may be, items 11, 12 and 19 in Part II) of Schedule 2 above, and

• (i) item 9 shall be derived from items 12 and 17 in Part I (or, as the case may be, items 13 and 18 in Part II) of Schedule 2 above.

6

Unless there are no extraordinary items in the income and expenditure accounts for the relevant year and the previous financial year, there shall be disclosed in a note to the summary statement the format of which is set out in section C of Part I above—

• (a) whether there are any extraordinary items in the income and expenditure account for the relevant year and, if there are, a summary statement of them, and

• (b) such information in relation to the matters to which subparagraph (a) above relates as respects the previous financial year as can be used to assist the assessment of the summary statement required by subparagraph (a) above.

7

Subject to paragraph 3 above, in section D of Part I above—

• (a) item 1 shall be derived from the particulars required to be stated in the annual business statement by paragraph 2(1)(a) of Schedule 7 above,

• (b) item 2 shall be derived from the particulars required to be stated in the annual business statement by paragraph 2(1)(b) of Schedule 7 above, and

• (c) in item 3—

• (i) where there is no extraordinary profit or loss shown in the income and expenditure account for the relevant year and the previous financial year, item 3(a) is not required to be included,

• (ii) where item 3(a) is included, the profit or loss for the year before extraordinary items to be used as a factor in that item shall be derived from item 12 in Part I (or, as the case may be, item 14 in Part II) of Schedule 1 above, and

• (iii) the profit or loss for the year to be used as a factor in item 3(b) shall be derived from item 18 in Part I (or, as the case may be, item 20 in Part II) of Schedule 1 above.

8

In this Schedule—

• (a) “relevant year”, in relation to a summary financial statement of a society, means the financial year of the society with which the summary financial statement deals, and

• (b) “average capital” means, in respect of a financial year, the amount produced by halving the aggregate of the amounts in items 12 and 17 in Part I (or, as the case may be, items 13 and 18 in Part II) of Schedule 2 above for that and the previous financial year.

SCHEDULE 9 — INTERPRETATION OF SCHEDULES

1

The following paragraphs apply for the purposes of the interpretation of the Schedules to these Regulations.

Associated companies and bodies

2

Where reference is made to an associated body of a society, a body corporate associated with a society or an associated company of a society—

• (a) a reference to either of the first two shall be construed in accordance with section 18 of the Act (power to invest), but

• (b) in the case of a reference to the last, in determining whether or not a company is an associated company, generally accepted accounting principles shall be used.

Balance sheet date

3

“Balance sheet date”, in relation to a balance sheet, means the date as at which the balance sheet was prepared.

Leases

4

In respect of leases—

• “long lease” means a lease in the case of which the portion of the term for which it was granted remaining unexpired at the end of the financial year is not less than 50 years,

• “short lease” means a lease which is not a long lease, and

• “lease” includes an agreement for a lease.

Listed investments

5

“Listed investment”—

• (a) except in relation to Northern Ireland, has the meaning given to it in paragraph 84 in Part VII of Schedule 4 to the Companies Act 1985[^f00006] (Form and Content of Company Accounts) and, from the coming into force of paragraph 23(b) of Schedule 16 to the Financial Services Act 1986[^f00007], shall have the meaning so given to it in that former paragraph as amended by that latter paragraph, and

• (b) in relation to Northern Ireland, has the meaning given to it in paragraph 83 in Part VII of Schedule 4 to the Companies (Northern Ireland) Order 1986[^f00008] (Form and Content of Company Accounts) and, from the coming into force of paragraph 38(b) of Schedule 16 to the Financial Services Act 1986, shall have the meaning so given to it in that former paragraph as amended by that latter paragraph.

Materiality

6

No provision of these Regulations requiring the inclusion of amounts in a particular account, or in notes to the annual accounts (other than paragraphs 3, 4 and 21 of Schedule 4 above), shall be taken to prohibit the disregarding of an amount which, in the particular context of that provision, is immaterial.

Provisions

7

• (1) References to provisions for depreciation or diminution in value of assets are to be taken as references to any amount written off by way of providing for depreciation or diminution in value of assets.

• (2) Any reference in an income and expenditure account to the depreciation of, or amounts written off, assets of any description is to be taken as a reference to any provision for depreciation or diminution in value of assets of that description.

• (3) References to provisions for liabilities and charges are to be taken as a reference to any amount retained as reasonably necessary for the purpose of providing for any liability or loss which is either likely to be incurred, or certain to be incurred but uncertain as to amount or as to the date on which it will arise.

Purchase price

8

References (however expressed) to the purchase price of any asset of a society include any consideration (whether in cash or otherwise) given by the society in respect of that asset.

Scots land tenure

9

In the application of these Regulations in Scotland, “land of freehold tenure” means land in respect of which the society is the proprietor of the dominium utile or, in the case of land not held on feudal tenure, is the owner, and “land of leasehold tenure” means land of which the society (or, as the case may be, a relevant subsidiary) is the tenant under a lease.

Staff costs

10

• (1) “Social security costs” means any contribution by the society to any state social security or pension scheme, fund or arrangement.

• (2) “Pension costs” includes any other contributions by the society for the purposes of any pension scheme established for the purpose of providing pensions for persons employed by the society, any sums set aside for that purpose, and any amounts paid by the society in respect of pensions without first being set aside.

• (3) Any amount stated in respect of either of the above items or in respect of the item “wages and salaries” in the society’s income and expenditure account shall be determined by reference to payments made or costs incurred in respect of all persons employed by the society during the financial year.

Capital

11

• (1) “Gross capital” means total reserves as shown in the balance sheet plus any subordinated liabilities as shown in the balance sheet.

• (2) “Free capital” means the aggregate of gross capital and general loss provisions less fixed assets.

Amounts repayable

12

Only those amounts which can at any time be withdrawn without notice or for which a maturity or period of notice of twenty-four hours or one working day has been agreed shall be regarded as repayable on demand.

Other definitions

13

In the Schedules to these Regulation—

• “liquid asset” means an asset which a society is, by virtue of regulations in force for the time being under section 21 (liquid assets) of the Act, empowered to hold or to continue to hold;

• “retail funds and deposits” means those funds and deposits of a society which— come within section 7 (power to raise funds and borrow money) of the Act, and are not, by virtue of that section, classified as non-retail funds and deposits, and includes, in the case of a society which has made an effective election for the purposes of subsection (5) of that section, those funds and deposits which would, but for that election, be classified as non-retail;

• “subordinated loan capital” means, in respect of a society, any liability (not being a liability in respect of a share) specified in an order for the time being in force under section 45(5) of the Act (capital resources which may be aggregated with reserves for certain purposes); and

• “third party” means a person who is neither the society nor a body corporate associated with it.

Signed

In witness whereof the common seal of the Building Societies Commission is hereto fixed, and is authenticated by me, a person authorised under paragraph 14 of Schedule 1 to the Building Societies Act 1986, on 19th November 1987.

D. B. Severn — Secretary to the Commission

We consent to this Order.

Peter Lloyd — Tony Durant — Two of the Lords Commissioners of Her Majesty’s Treasury — 24th November 1987

Explanatory note

(This note is not part of the Regulations)

These Regulations prescribe the format and content of building society annual accounts (the income and expenditure account, balance sheet and statement of the source and application of funds) and make provision for notes to the annual accounts and accounting principles and rules. They also provide for the inclusion of specific material in building society directors' reports and annual business statements, and prescribe the format and content of building society summary financial statements.

The annual accounts, directors' report and annual business statement are required by sections 80 and 81 of the Building Societies Act 1986 to be laid before a building society at its annual general meeting. The summary financial statement, which is derived from those documents, is required by section 76 of that Act to be sent to every society member entitled to receive notice of the annual general meeting.

Footnotes

[^f00001]: 1986 c. 53.

[^f00002]: S.I. 1987/1499.

[^f00003]: S.I. 1986/1878.

[^f00004]: 1944 c. 10.

[^f00005]: 1945 c. 6 (N.I.).

[^f00006]: 1985 c. 6.

[^f00007]: 1986 c. 60.

[^f00008]: S.I. 1986/1032 (N.I.6).