The Statutory Auditors and Third Country Auditors Regulations 2017

Amendments to the Public Interest Disclosure (Prescribed Persons) Order 2014

17.—(1) The Schedule to the Public Interest Disclosure (Prescribed Persons) Order 2014(1) is amended as follows.

(2) In the entry relating to the Financial Reporting Council Limited and its conduct committee—

(a) in the first column, for “conduct committee” substitute “Conduct Committee”;

(b) in the second column—

(i) after “Matters relating to—” insert—

“(za) exercising the functions of the competent authority under the Statutory Auditors and Third Country Auditors Regulations 2016(2) and under Regulation (EU) 537/2014 of the European Parliament and of the Council on specific requirements regarding statutory audit of public-interest entities(3);”;

(ii) in paragraph (c)—

(aa) omit from “statutory audit functions” to “and of”; and

(bb) for “that paragraph” substitute “paragraph 13(10) of Schedule 10 to the Companies Act 2006(4)”;

(iii) for paragraph (d) substitute—

“(d) exercising, in relation to third country auditors (as defined by section 1261 of the Companies Act 2006(5)), functions—

(i) of the Secretary of State under Part 42 of that Act, delegated under that Part(6),

(ii) under the arrangements within Schedule 12 to that Act, and

(iii) of the designated body(7) under the Statutory Auditors and Third Country Auditors Regulations 2013(8);”;

(iv) for paragraph (f) substitute—

“(f) the investigation of, and enforcement action in relation to, conduct of the persons listed below, and the holding of disciplinary hearings concerning those persons in matters which raise or appear to raise important issues affecting the public interest—

(i) accountants, and

(ii) actuaries;”; and

(v) after paragraph (f) insert—

“(g) the investigation of, and enforcement action in relation to, the conduct of local auditors (as defined by section 4(1)(b) of the Local Audit and Accountability Act 2014(9)), and the holding of disciplinary hearings concerning local auditors in public interest cases (as defined in paragraph 24 of Schedule 10 to the Companies Act 2006 as applied by paragraph 28 of Schedule 5 of the Local Audit and Accountability Act 2014(10)).”.

(1)

S.I. 2014/2418, there are amending instruments but none is relevant.

(2)

S.I. 2016/649.

(3)

OJ L 158, 27.5.2014, p.77.

(4)

2006 c.46. Paragraph 13(10) of Schedule 10 to the Companies Act 2006 was repealed by S.I. 2016/649, subject to a saving in relation to local audit carried out under the Local Audit and Accountability Act 2014 (2014 c.2).

(5)

The definition of third country auditor in section 1261 was inserted by S.I. 2007/3494 and amended by S.I. 2016/649. There are other amendments to section 1261 but none is relevant.

(6)

See section 1252 of the Companies Act 2006 and S.I. 2012/1741 made under that section.

(7)

The designated body in S.I. 2013/1672 is defined in regulation 5 as the Financial Reporting Council Limited, a company registered in England and Wales with number 02486368.

(8)

SI 2013/1672.

(9)

2014 c.2.

(10)

Paragraph 24 of Schedule 10 to the Companies Act 2006 was repealed by S.I. 2016/649, however it was saved by that instrument in relation to local audit carried out under the Local Audit and Accountability Act 2014.