The Supervision of Accounts and Reports (Prescribed Body) and Companies (Defective Accounts and Reports) (Authorised Person) Order 2021

Statutory Instruments

2021 No. 465

Companies

The Supervision of Accounts and Reports (Prescribed Body) and Companies (Defective Accounts and Reports) (Authorised Person) Order 2021

Made

13th April 2021

Laid before Parliament

15th April 2021

Coming into force

6th May 2021

It appears to the Secretary of State that the Financial Reporting Council Limited(1)—

(a) is a body having an interest in, and having satisfactory procedures directed to, monitoring compliance by issuers of transferable securities with accounting requirements imposed by Part 6 rules(2) in relation to periodic accounts and reports produced by such issuers;

(b) is otherwise a fit and proper body to be appointed to exercise the functions mentioned at section 14(2) of the Companies (Audit, Investigations and Community Enterprise) Act 2004(3);

(c) will exercise its functions as a prescribed body in accordance with the requirements of this Order;

(d) is a person having an interest in, and having satisfactory procedures directed to, securing compliance by companies with the requirements of the Companies Act 2006(4) relating to accounts and reports;

(e) is a person having satisfactory procedures for receiving and investigating complaints about companies’ annual accounts and reports;

(f) is otherwise a fit and proper person to be authorised for the purposes of section 456(1)(5) of the Companies Act 2006; and

(g) will exercise its functions as an authorised person in accordance with the requirements of this Order.

The Secretary of State makes the following Order in exercise of the powers conferred by sections 14(1), (5), (8) and (10) and 18A(1) and (3)(6) of the Companies (Audit, Investigations and Community Enterprise) Act 2004 and sections 457(1), (2), (5) and (6)(7) and 1292(1)(b) and (c) of the Companies Act 2006.

(1)

A company registered in England and Wales with number 02486368.

(2)

Defined in section 103(1) of the Financial Services and Markets Act 2000 (c. 8); section 103 was substituted by S.I. 2005/1433. There are other amendments not relevant to this Order.

(3)

2004 c. 27. Section 14(2) was amended by section 1272 of, and paragraph 14 of Schedule 15 to, the Companies Act 2006 (c. 46), and paragraph 103 of Schedule 18 (2) to the Financial Services Act 2012 (c. 21).

(4)

2006 c. 46.

(5)

Section 456 is amended by S.I. 2013/1970 and 2019/685.

(6)

Section 18A was inserted by section 38 of the Small Business, Enterprise and Employment Act 2015 (c. 26).

(7)

Section 457 has been amended by S.I. 2019/685 and 2013/1970.