Findings of The Financial Reporting Review Panel in respect of the

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Findings of The Financial Reporting Review Panel in respect of the accounts of Berkeley Berry Birch Plc for the year ended 31 March 2004

FRRP PN 89 30 September 2005

1.

The Financial Reporting Review Panel (‘the Panel’) has had under consideration the report and accounts of Berkeley Berry Birch Plc (BBB) for the year ended 31 March 2004.

2. There were several matters at issue.

3. First, the Panel had concerns that the accounting policies disclosed in respect of revenue recognition were not sufficient to satisfy th e requirements of FRS 18, ‘Accounting Policies’ (paragraphs 55 and

56). The Panel was of the view that the stated policies did not describe the revenue recognition policies adopted in respect of certain aspects of the company’s activities.

4. Second, the pro fit and loss account included a profit of £1,083,000 arising from the disposal of one subsidiary undertaking and the liquidation of another and which was treated as a post-operating exceptional item as required by FRS 3, ‘Reporting Financial Performance’. The calculation of the additional earnings per share figure, described as being adjusted for exceptional items, did not however include an adjustment for this item.

5. Third, the Panel was of the view that the results and cash effects of the sale of Alpha to Omega (UK)

Limited and the liquidation of Berkeley Berry Birch Financial Services should have been disclosed separately.

6. Fourth, although some indication of the nature of the provisions was provided elsewhere in the accounts, the note on provisions for liabilities and charges did not provide all the information required by paragraph 90 of FRS 12 ‘Provisions, Contingent Liabilities and Contingent Assets’; specifically, the expected timing of any resulting transfers of economic benefits, nor an indication of the uncertainties about their amount and timing.

7.

In the light of their discussions with the Panel, the directors have accepted the Panel’s findings and the matters raised above are reflected in the company’s 2005 financial statements published today.

8. The Panel welcomes the action taken by the directors and regards its enquiry as complete

Notes to Editors

1. The Financial Reporting Review Panel (FRRP) is part of the Financial Reporting Council (FRC), whose mission is to promote confidence in corporate reporting and governance. The FRC has five operating bodies; the Accounting Standards Board, the Auditing Practices Board, the Financial Reporting

Review Panel, the Accountancy Investigation and Discipline Board and the Professional Oversight

Board for Accountancy.

2. The role of the Panel is to examine the annual accounts of public and large private companies to see whether they comply with the requirements of the Companies Act 1985 (‘the Act’), including applicable accounting standards. Following implementation of the Accounting Regulation (EC) No. 1606/2002, this may mean compliance with UK or International Financial Reporting Standards.

3. Where breaches of the Act are discovered the Panel seeks to take corrective action that is proportionate to the nature and effect of the defects, taking account of market and user needs. Where a company’s accounts are defective in a material respect the Panel will, wherever possible, try to secure their revision by voluntary means, but if this approach fails the Panel is empowered to make an application to the court under section 245B of the Companies Act 1985 for an order for revision. To date no court applications have been made.

4. On 6 th April, the Panel published revised Operating Procedures to reflect changes in its remit and powers arising from implementation of the Companies (Audit, Investigations and Community

Enterprise) Act 2004.

5. The Chairman of the Panel is Bill Knight and the Deputy Chairman Ian Brindle FCA. There are currently 22 other Panel members drawn from a broad spectrum of commerce and the professions.

Individual cases are normally dealt with by specially constituted Groups of 5 or more members.

6. All Press enquiries should be directed to: Carol Page on Tel: 0207 492 2460 or email: c.page@frcfrrp.org.uk

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