C1 Part XXII Auditors and Actuaries
F1F2General duties of regulator
S. 339A and cross-heading inserted (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 13 para. 2 (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.
S. 339A cross-heading substituted (1.3.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), ss. 134(3), 148(5); S.I. 2014/377, art. 2(1)(a), Sch. Pt. 1
339AGeneral duties of PRA in relation to auditors
1
The arrangements maintained by the PRA under section 2K (supervision of PRA-authorised persons) must include arrangements for—
a
the sharing with auditors of PRA-authorised persons of information that the PRA is not prevented from disclosing, and
b
the exchange of opinions with auditors of PRA-authorised persons.
2
The PRA must issue and maintain a code of practice describing how it will comply with subsection (1).
3
The PRA may at any time alter or replace a code issued under this section.
4
If a code is altered or replaced, the PRA must issue the altered or replacement code.
5
When the PRA issues a code under this section the PRA must—
a
give a copy of the code to the Treasury, and
b
publish the code in such manner as the PRA thinks fit.
6
The Treasury must lay before Parliament a copy of the code.
7
“Auditor” means an auditor appointed under or as a result of a statutory provision.
339BF3Duty to meet auditors of certain institutions
1
The FCA must make arrangements for meetings to take place at least once a year between—
a
the FCA, and
b
the auditor of any PRA-authorised person to which section 339C applies.
2
The PRA must make arrangements for meetings to take place at least once a year between—
a
the PRA, and
b
the auditor of any PRA-authorised person to which section 339C applies.
3
The annual report of each regulator must include the number of meetings that have taken place during the period to which the report relates between the regulator and auditors of PRA-authorised persons to which section 339C applies.
4
In subsection (3) “the annual report” means—
a
in relation to the FCA, every report which it is required by paragraph 11 of Schedule 1ZA to make to the Treasury, and
b
in relation to the PRA, every report which it is required by paragraph 19 of Schedule 1ZB to make to the Treasury.
5
In this section “auditor” means an auditor appointed under or as a result of a statutory provision.
339CPRA-authorised persons to which this section applies
1
This section applies to a PRA-authorised person which—
a
is a UK institution,
b
meets condition A or B,
c
is not an insurer or a credit union, and
d
is, in the opinion of the PRA, important to the stability of the UK financial system.
2
Condition A is that the person has permission under Part 4A to carry on the regulated activity of accepting deposits.
3
Condition B is that—
a
the person is an investment firm that has permission under Part 4A to carry on the regulated activity of dealing in investments as principal, and
b
when carried on by the person, that activity is a PRA-regulated activity.
4
In this section—
a
“UK institution” means an institution which is incorporated in, or formed under the law of any part of, the United Kingdom;
b
“insurer” means an institution which is authorised under this Act to carry on the regulated activity of effecting or carrying out contracts of insurance as principal;
c
“credit union” means a credit union as defined by section 31 of the Credit Unions Act 1979 or a credit union as defined by Article 2(2) of the Credit Unions (Northern Ireland) Order 1985.
5
Subsections (2), (3) and (4)(b) are to be read in accordance with Schedule 2, taken together with any order under section 22.
Pt. 22 applied (with modifications) (30.4.2011) by The Electronic Money Regulations 2011 (S.I. 2011/99), regs. 1(2)(b), 62, Sch. 3 para. 5 (with reg. 3) (as amended (1.4.2013) by S.I. 2013/472, Sch. 2 para. 196(5)(e) and (18.9.2023) by S.I. 2023/790, regs. 1(2)(a), 2(3)(b))