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Commencement Timetable

Frequently asked questions


Where can we see the full timetable for implementation of the Companies Act 2006?

The main Companies Act 2006 webpage on the BERR website has a link to a table summarising the commencement timetable.
Most provisions of the Act are being commenced by commencement order. The first seven commencement orders are available as links from Regulations and Commencement Orders - made or before Parliament. The Eighth Commencement Order – which will commence remaining provisions with effect from 1 October 2009 – is available on our Regulations – draft page.

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Are draft regulations available?

The Department consulted in February 2007 on its proposed approach in areas where secondary legislation will be made as part of our implementation of the Companies Act 2006. Many of the regulations and orders have now been made, and are available from links from Regulations and Commencement Orders - made or before Parliament. The remaining draft regulations and orders prepared in the light of responses to that consultation are available on our Regulations – draft page.

 

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When will the new Act's requirements on accounts/reports come into effect?

The requirements on the form and content of accounts and reports in Part 15 of the Companies Act 2006 and new regulations to be made under it were generally commenced with effect for accounts and reports for periods beginning on or after 6 April 2008. Accounts and reports for periods beginning before then will continue to be prepared in accordance with the Companies Act 1985 and the Companies (Northern Ireland) Order 1986.


The new requirement for quoted companies to report in their directors’ remuneration report on how they have taken pay and employment conditions elsewhere in the group into account when setting directors’ pay (in paragraph 4 of Schedule 8 to the Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008) will have to be included in reports for financial years beginning on or after 6th April 2009.


The new business review requirements in section 417 of the Companies Act 2006 were commenced for directors’ reports for financial years beginning on or after 1 October 2007.

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How will Part 16 (audit) be commenced?

Part 16 (audit) was commenced on 6 April 2008. In line with the approach on Part 15 (accounts and reports), most of the provisions apply to the audits of accounts for financial years beginning on or after 6 April 2008. This will include for example:

  • The requirement (sections 503 to 506) that an audit report be signed by an individual (the senior statutory auditor) will apply to audit reports on accounts for financial years starting on or after 6 April 2008;
  • The new offences (section 507) in relation to audit will apply to audit reports on accounts for financial years starting on or after 6 April 2008.
    Some provisions came into effect straight away on 6 April 2008. These included:
  • The revised rules about the statements that auditors have to make when leaving a company in sections 519 to 525 will apply to departures on or after 6 April.
  • The new rules allowing auditors and companies to agree limitations of the auditors’ liability subject to certain conditions (sections 532 to 538) allow properly approved agreements to be valid as from 6 April 2008.

 

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What changes are still to be made to the rules relating to company records and when will they come into force?

The Companies (Company Records) Regulations 2008 will come into force on 1 October 2009. A draft of these Regulations is available by on the Regulations - draft page. These Regulations relate to the inspection location for company records and with rights and obligations in relation to the inspection and provision of copies of company records. These Regulations do not deal with fees. This is because it is anticipated that the level of fees is likely to be updated more frequently than the other conditions for the inspection and provision of copies of records. Any remaining fees to be prescribed will be in The Companies (Fees for Inspection of Company Records) Regulations 2008. A draft of these is also on the website. The fees are the same as in the 2007 Regulations.

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When will new companies be able to register with Companies House under the Companies Act 2006?

New companies will continue to be registered under the 1985 Act until 30 September 2009. They will of course be able to benefit from many of those deregulatory benefits already implemented under the 2006 Act.

Annex A of the consultative document on the Eighth Commencement Order – which is available on our Regulations – draft page – provides detailed advice on the expected impact on business of the plans for changing to 2006 Act systems at Companies House in autumn 2009.

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