Asked by: Baroness Bowles of Berkhamsted (Liberal Democrat - Life peer)
Question to the Department for Business, Energy and Industrial Strategy:
To ask Her Majesty's Government, further to the Written Answer by Lord Callanan on 27 May (HL402), whether the Secretary of State or the UK Endorsement Board have been endorsing International Accounting Standards as set out in Regulation 7 of The International Accounting Standards and European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2019 only, and without reference to section 403(1) of the Companies Act 2006.
Answered by Lord Callanan - Parliamentary Under Secretary of State (Department for Energy Security and Net Zero)
As set out in the answer I gave the noble Baroness on 27 May 2022 to Question HL402, both the Secretary of State and, following the delegation of statutory functions, the UK Endorsement Board have adopted international accounting standards in accordance with the International Accounting Standards and European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2019.
Asked by: Baroness Bowles of Berkhamsted (Liberal Democrat - Life peer)
Question to the Department for Business, Energy and Industrial Strategy:
To ask Her Majesty's Government, further to the Written Answer by Lord Callanan on 23 May (HL245), why the post of Chair to the UK Endorsement Board was not regulated by the Commissioner for Public Appointments.
Answered by Lord Callanan - Parliamentary Under Secretary of State (Department for Energy Security and Net Zero)
The Chair campaign was not regulated by the Commissioner for Public Appointments as the role is not currently included on the Public Appointments Order in Council. Only roles included on the Order are regulated by the Commissioner. The classification and form of the UK Endorsement Board means it was not included on the Order, however this position may be reviewed in future.
Nevertheless, the campaign was run in accordance with the usual regulated process in all respects other than the advert remaining on the Cabinet Office website after the closing date.
Asked by: Baroness Bowles of Berkhamsted (Liberal Democrat - Life peer)
Question to the Department for Business, Energy and Industrial Strategy:
To ask Her Majesty's Government, further to the Written Answer by Lord Callanan on 23 May (HL404), whether they will now answer the question put, namely, whether the result of companies having to do adjustments has been subject to an impact assessment in terms of (1) burdens on business, and (2) the risk of hiding insolvency.
Answered by Lord Callanan - Parliamentary Under Secretary of State (Department for Energy Security and Net Zero)
The matter in the question was not considered in the January 2007 impact assessment on the Companies Act 2006.
Asked by: Baroness Bowles of Berkhamsted (Liberal Democrat - Life peer)
Question to the Department for Business, Energy and Industrial Strategy:
To ask Her Majesty's Government, further to the Written Answer by Lord Callanan on 23 May (HL404), what assessment they have made of whether directors and auditors should be making “adjustments” at the time the accounts are signed, because the lack of such adjustments could hamper the determination of solvency/going concern position of a company.
Answered by Lord Callanan - Parliamentary Under Secretary of State (Department for Energy Security and Net Zero)
The directors are responsible for signing off the accounts and making sure they comply with the requirements of the Companies Act 2006. The Companies Act requires that companies take into account the additional factors in Part 23 of the Companies Act when calculating distributable profits. This is to ensure that a company may only make distributions out of profits available for the purpose of distribution.
Asked by: Baroness Bowles of Berkhamsted (Liberal Democrat - Life peer)
Question to the Department for Business, Energy and Industrial Strategy:
To ask Her Majesty's Government, further to the Written Answer by Lord Callanan on 27 May (HL403), what “other criteria” must be assessed under Part 23 of the Companies Act 2006, in addition to those set out in sections 833A and 844, before paying a dividend.
Answered by Lord Callanan - Parliamentary Under Secretary of State (Department for Energy Security and Net Zero)
Companies are required to take account of all of the matters in Part 23 of the Companies Act 2006 before paying a dividend.
Asked by: Baroness Bowles of Berkhamsted (Liberal Democrat - Life peer)
Question to the Department for Business, Energy and Industrial Strategy:
To ask Her Majesty's Government, further to the Written Answer by Lord Callanan on 23 May (HL294), whether (1) the International Accounting Standards Board’s Framework extant in 2001, (2) the Conceptual Framework published in 2018, or (3) some other “Framework” or “Conceptual Framework”, applies to UK adopted accounting standards under IAS1.
Answered by Lord Callanan - Parliamentary Under Secretary of State (Department for Energy Security and Net Zero)
The Conceptual Framework issued by the International Accounting Standards Board is not an international accounting standard and therefore is not adopted into UK law. Nevertheless, it does provide a basis for the use of judgement in resolving accounting issues. It is only of relevance in situations where no specific international accounting standard applies to a transaction, event or condition (as set out in IAS 8 Accounting Policies, Changes in Accounting Estimates and Errors).
Asked by: Baroness Bowles of Berkhamsted (Liberal Democrat - Life peer)
Question to the Department for Business, Energy and Industrial Strategy:
To ask Her Majesty's Government, further to the Written Answer by Lord Callanan on 20 May (HL131), whether they asked Pauline Wallace for information when preparing their response; and if not, whether they will now do so.
Answered by Lord Callanan - Parliamentary Under Secretary of State (Department for Energy Security and Net Zero)
Pauline Wallace has informed the Government that she had no involvement in the tribunal between the Accountancy Investigation and Discipline Board and PwC.
Asked by: Baroness Bowles of Berkhamsted (Liberal Democrat - Life peer)
Question to the Department for Business, Energy and Industrial Strategy:
To ask Her Majesty's Government, further to the Written Answer by Lord Callanan on 20 May (HL31), what assessment they have made of the judgment given in the Caparo V Dickman case; and whether their reply was based on that assessment.
Answered by Lord Callanan - Parliamentary Under Secretary of State (Department for Energy Security and Net Zero)
The Government did not make an assessment of the Caparo V Dickman case in providing the Written Answer on 20 May 2022 to Question HL31.
Asked by: Baroness Bowles of Berkhamsted (Liberal Democrat - Life peer)
Question to the Department for Business, Energy and Industrial Strategy:
To ask Her Majesty's Government, further to the Written Answer by Lord Callanan on 20 May (HL31), why s833A is relevant to that answer, given that s833A does not provide an example of adjustments to numbers in the audited accounts because s833A(7) uses different numbers valued in accordance with rules from the Prudential Regulatory Authority instead.
Answered by Lord Callanan - Parliamentary Under Secretary of State (Department for Energy Security and Net Zero)
As noted in the answer I gave to HL31, section 833A is an example of a factor that directors in certain insurance companies may need to consider when using their relevant accounts to determine their company’s distributable profits. Section 833A works in tandem with other sections that reference the accounts, to create a dual test.
Asked by: Baroness Bowles of Berkhamsted (Liberal Democrat - Life peer)
Question to the Department for Business, Energy and Industrial Strategy:
To ask Her Majesty's Government, further to the Written Answer by Lord Callanan on 20 May (HL31), how any audited accounts described as a "starting point" can have been reliable for assessing whether a company is capable of being a going concern or not, if that “starting point” (1) contained material unrealised profits, and (2) excluded material realised losses.
Answered by Lord Callanan - Parliamentary Under Secretary of State (Department for Energy Security and Net Zero)
UK-adopted international accounting standards require the directors of a company, when preparing the accounts, to make an assessment of the company’s ability to continue to operate as a going concern for at least 12 months from the balance sheet date. These standards also require disclosure where there are material uncertainties related to events or conditions that may cast significant doubt upon the company’s ability to continue as a going concern.
Section 836 of the Companies Act 2006 requires that the calculation of distributable profits is determined by reference to the relevant accounts. Part 23 includes other criteria that must be assessed before the amount of distributable profits for the company can be determined. In taking a decision to pay a dividend, directors must also consider their duty under s172 of the Companies Act 2006 to promote the success of the company for the benefit of shareholders as a whole. Consideration of the success of the company may include an assessment of whether the company would, following the payment of the proposed dividend, be solvent and continue to be able to pay its debts as they fall due, in the context of the current and likely future position and needs of the company.