Part 16Audit

Chapter 3Functions of auditor

Duties and rights of auditors

499Auditor’s general right to information

1

An auditor of a company—

a

has a right of access at all times to the company’s books, accounts and vouchers (in whatever form they are held), and

b

may require any of the following persons to provide him with such information or explanations as he thinks necessary for the performance of his duties as auditor.

2

Those persons are—

a

any officer or employee of the company;

b

any person holding or accountable for any of the company’s books, accounts or vouchers;

c

any subsidiary undertaking of the company which is a body corporate incorporated in the United Kingdom;

d

any officer, employee or auditor of any such subsidiary undertaking or any person holding or accountable for any books, accounts or vouchers of any such subsidiary undertaking;

e

any person who fell within any of paragraphs (a) to (d) at a time to which the information or explanations required by the auditor relates or relate.

3

A statement made by a person in response to a requirement under this section may not be used in evidence against him in criminal proceedings except proceedings for an offence under section 501.

4

Nothing in this section compels a person to disclose information in respect of which a claim to legal professional privilege (in Scotland, to confidentiality of communications) could be maintained in legal proceedings.