C9C8C11C7C13C12C10C6Part 16Audit
Pt. 16 excluded (8.4.2020) by Parliamentary Buildings (Restoration and Renewal) Act 2019 (c. 27), s. 14(2)(3), Sch. 2 para. 9(9)
Pt. 16 excluded (S.) (26.11.2020) by The Companies Act 2006 (Scottish public sector companies to be audited by the Auditor General for Scotland) Order 2020 (S.S.I. 2020/402), arts. 1(1), 3
Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))
Pt. 16 excluded (S.) (10.3.2021) by The Companies Act 2006 (Scottish public sector companies to be audited by the Auditor General for Scotland) Order 2021 (S.S.I. 2021/129), arts. 1(1), 3
Pt. 16 excluded (S.) (15.6.2022) by The Companies Act 2006 (Scottish public sector companies to be audited by the Auditor General for Scotland) Order 2022 (S.S.I. 2022/207), arts. 1(1), 3
Pt. 16 excluded (S.) (30.10.2022) by The Companies Act 2006 (Scottish public sector companies to be audited by the Auditor General for Scotland) (No. 2) Order 2022 (S.S.I. 2022/308), arts. 1(1), 3
Pts. 1-39 (except for Pt. 7 and ss. 662-669), 45-47 extended (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), art. 5(1), Sch. 1 para. 2
C7Chapter 2Appointment of auditors
Private companies
C4C3I1C5C14487C2C1Term of office of auditors of private company
1
An auditor or auditors of a private company hold office in accordance with the terms of their appointment, subject to the requirements that—
a
they do not take office until any previous auditor or auditors cease to hold office, and
b
they cease to hold office at the end of the next period for appointing auditors unless re-appointed.
F11A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Where no auditor has been appointed by the end of the next period for appointing auditors, any auditor in office immediately before that time is deemed to be re-appointed at that time, unless—
a
he was appointed by the directors, or
b
the company's articles require actual re-appointment, or
c
the deemed re-appointment is prevented by the members under section 488, or
d
the members have resolved that he should not be re-appointed, or
e
the directors have resolved that no auditor or auditors should be appointed for the financial year in question or
F2f
the auditor’s appointment would be in breach of section 485C.
3
This is without prejudice to the provisions of this Part as to removal and resignation of auditors.
4
No account shall be taken of any loss of the opportunity of deemed re-appointment under this section in ascertaining the amount of any compensation or damages payable to an auditor on his ceasing to hold office for any reason.
Pt. 16 applied (with modifications) (8.12.2017) by The Risk Transformation Regulations 2017 (S.I. 2017/1212), regs. 1(2), 162, 163 (with reg. 189)