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Companies Act 2006

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This is the original version (as it was originally enacted).

Part 3Arrangements in which recognised supervisory bodies are required to participate

Arrangements for setting standards relating to professional integrity and independence

21The arrangements referred to in paragraph 9(2) are appropriate arrangements—

(a)for the determining of standards for the purposes of the rules and practices mentioned in paragraph 9(1), and

(b)for ensuring that the determination of those standards is done independently of the body.

Arrangements for setting technical standards

22The arrangements referred to in paragraph 10(2) are appropriate arrangements—

(a)for the determining of standards for the purposes of the rules and practices mentioned in paragraph 10(1), and

(b)for ensuring that the determination of those standards is done independently of the body.

Arrangements for independent monitoring of audits of listed companies and other major bodies

23(1)The arrangements referred to in paragraph 13(1) are appropriate arrangements—

(a)for enabling the performance by members of the body of statutory audit functions in respect of major audits to be monitored by means of inspections carried out under the arrangements, and

(b)for ensuring that the carrying out of such monitoring and inspections is done independently of the body.

(2)In this paragraph “major audit” and “statutory audit function” have the same meaning as in paragraph 13.

Arrangements for independent investigation for disciplinary purposes of public interest cases

24(1)The arrangements referred to in paragraph 16(1) are appropriate arrangements—

(a)for the carrying out of investigations into public interest cases arising in connection with the performance of statutory audit functions by members of the body,

(b)for the holding of disciplinary hearings relating to members of the body which appear to be desirable following the conclusion of such investigations,

(c)for requiring such hearings to be held in public except where the interests of justice otherwise require,

(d)for the persons before whom such hearings have taken place to decide whether (and, if so, what) disciplinary action should be taken against the members to whom the hearings related, and

(e)for ensuring that the carrying out of those investigations, the holding of those hearings and the taking of those decisions are done independently of the body.

(2)In this paragraph—

  • “public interest cases” means matters which raise or appear to raise important issues affecting the public interest;

  • “statutory audit function” means any function performed as a statutory auditor.

Supplementary: arrangements to operate independently of body

25(1)This paragraph applies for the purposes of—

(a)paragraph 21(b),

(b)paragraph 22(b),

(c)paragraph 23(1)(b), or

(d)paragraph 24(1)(e).

(2)Arrangements are not to be regarded as appropriate for the purpose of ensuring that a thing is done independently of the body unless they are designed to ensure that the body—

(a)will have no involvement in the appointment or selection of any of the persons who are to be responsible for doing that thing, and

(b)will not otherwise be involved in the doing of that thing.

(3)Sub-paragraph (2) imposes a minimum requirement and does not preclude the possibility that additional criteria may need to be satisfied in order for the arrangements to be regarded as appropriate for the purpose in question.

Supplementary: funding of arrangements

26The body must pay any of the costs of maintaining any arrangements within paragraph 21, 22, 23 or 24 which the arrangements provide are to be paid by it.

Supplementary: scope of arrangement

27Arrangements may qualify as arrangements within any of paragraphs 21, 22, 23 and 24 even though the matters for which they provide are more extensive in any respect than those mentioned in the applicable paragraph.

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