The European Communities (Recognition of Professional Qualifications) Regulations 1991

Special provisions for company auditors

11.—(1) In this regulation—

(a) “the Act” means the Companies Act 1989;

(b) “company auditor” has the meaning given in s.24(2) of the Act;

(c) “qualifying body” means a body offering a qualification in respect of which there isfor the time being in force an order made by the Secretary of Statepursuant to paragraph 2 of Schedule 12 to the Act; and

(d) “supervisory body” means a body in respect of which there is for the time being inforce an order made by the Secretary of State pursuant to paragraph 2 ofSchedule 11 to the Act.

(2) Any qualifying body is a designated authority for the regulated profession of company auditor and may accordingly authorise a migrant as qualified to practise that profession.

(3) A migrant so authorised shall be eligible for appointment as acompany auditor only if he satisfies the conditions for eligibility laiddown in Part II of the Act.

(4) Notwithstanding anything in Part II of Schedule 11 to the Act, inthe case of a migrant who has been granted authorisation to practise bya qualifying body pursuant to these Regulations and who has satisfiedany requirements imposed by that body under regulation 6, a supervisorybody may not exclude the migrant from membership, or otherwise limit hiseligibility for appointment, on any ground related to his previouseducation and training or to the length of his previous professionalexperience or practice.

(5) Regulation 9 shall apply to supervisory bodies as it applies todesignated authorities.

(6) References, in Part II of the Act, to individuals holding anappropriate qualification are to be construed as including individualswho have been authorised to practise by a qualifying body pursuant tothese Regulations and who have fulfilled any requirements imposedpursuant to regulation 6.