Companies Act 1989 (Eligibility for Appointment as Company Auditor) (Consequential Amendments) Regulations 1991

JurisdictionUK Non-devolved
CitationSI 1991/1997

1991 No. 1997

COMPANIES

The Companies Act 1989 (Eligibility for Appointment as Company Auditor) (Consequential Amendments) Regulations 1991

Made 3rd September 1991

Laid before Parliament 9th September 1991

Coming into force 1st October 1991

The Secretary of State, in exercise of his powers under section 50 of the Companies Act 19891and of all other powers enabling him in that behalf, and having obtained the consent of those Ministers and other persons whose consent he is required to obtain by virtue of section 50(5) of that Act, hereby makes the following Regulations:

Citation, commencement and interpretation
S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Companies Act 1989 (Eligibility for Appointment as Company Auditor) (Consequential Amendments) Regulations 1991 and shall come into force on 1st October 1991.

(2) In these Regulations, “the Act” means the Companies Act 1989.

Consequential amendments

Consequential amendments

S-2 The enactments mentioned in the Schedule to these Regulations...

2. The enactments mentioned in the Schedule to these Regulations shall have effect with the amendments specified therein.

S-3 Where a partnership constituted under the law of England and...

3. Where a partnership constituted under the law of England and Wales or under the law of any other country or territory in which a partnership is not a legal person is appointed under any enactment as amended by these Regulations, the provisions of section 26 of the Act apply to the appointment in the same way as they apply to the appointment as company auditor of such a partnership.

Transitional provision
S-4 Transitional provision

Transitional provision

4. None of the amendments specified in the Schedule to these Regulations shall have the effect that a person is required to resign from or otherwise surrender an appointment, or that the appointment of a person must be terminated, before the date on which the person’s appointment would, apart from these Regulations, have expired.

John Redwood

Minister of State,

Department of Trade and Industry

3rd September 1991

SCHEDULE

Regulation 2

AMENDMENTS TO ENACTMENTS

SCH-1.1

1. Milk Marketing Scheme 19332

In paragraph 53(3) of the Milk Marketing Scheme 1933 (accounts and balance sheets of Milk Marketing Board) for the words “by a member of, or a firm of accountants containing a member of, the Institute of Chartered Accountants of England and Wales or of the Association of Certified Accountants” substitute “by a person who is eligible for appointment as a company auditor under section 25 of the Companies Act 1989”.

SCH-1.2

2. The North of Scotland Milk Marketing Scheme 19343

In section 11 of the North of Scotland Milk Marketing Scheme 1934 (auditor), for subsection (2) substitute–

SCH-1.2

“2 No person shall be eligible for appointment as Auditor or Auditors unless he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989.”.

SCH-1.3

3. Industrial Organisation and Development Act 19474

(1) In section 7 of the Industrial Organisation and Development Act 1947 (reports and accounts of development councils), after subsection (2) insert–

SCH-1.2A

“2A A person shall not be appointed to audit a council’s accounts unless he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989.”.

(2) The above amendment supersedes any provisions of a development council order as to qualification for appointments as auditor of a development council.

SCH-1.4

4. British Wool Marketing Scheme 19505

In paragraph 66 of the British Wool Marketing Scheme (accounts of Wool Marketing Board) for the words “by a member of one of the Chartered Societies in Scotland or of the Institute of Chartered Accountants in England and Wales or of the Society of Incorporated Accountants and Auditors or of the Corporation of Acountants Limited or of the London Association of Certified Accountants Limited” substitute “by a person who is eligible for appointment as a company auditor under section 25 of the Companies Act 1989.”.

SCH-1.5

5. Potato Marketing Scheme 19556

In paragraph 54 of the Potato Marketing Scheme 1955 (accounts of Potato Marketing Board) for the words

“by an accountant or firm of accountants appointed by the registered producers at the annual general meeting but no person or firm shall be qualified to be so appointed unless he is a member or in the case of a firm each partner is a member of one or more of the following bodies:–

The Institute of Chartered Accountants in England and Wales.

The Society of Incorporated Accountants.

The Institute of Chartered Accountants of Scotland.

The Association of Certified and Corporate Accountants, or

The Institute of Chartered Accountants in Ireland,”

substitute the words “by a person appointed by the registered producers at the annual general meeting but no person shall be qualified to be so appointed unless he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989,”.

SCH-1.6

6. Horticulture Act 19607

In section 14 of the Horticulture Act 1960 (reports and accounts of a relevant organisation), for subsection (3) substitute–

SCH-1.3

“3 A person shall not be appointed auditor under subsection (2) unless he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989.”.

SCH-1.7

7. Charities Act 19608

In section 8 of the Charities Act 1960 (audit of accounts of charities), in subsection (3) for the words from “being a member” to the end substitute “being a person eligible for appointment as a company auditor under section 25 of the Companies Act 1989”.

SCH-1.8

8. Professions Supplementary to Medicine Act 19609

In paragraph 18 of the First Schedule to the Professions Supplementary to Medicine Act 1960 (expenses and accounts), for sub-paragraph (4) substitute–

SCH-1.4

“4 A person shall not be appointed auditor under this paragraph unless he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989.”.

SCH-1.9

9. Covent Garden Market Act 196110

In section 46 of the Covent Garden Market Act 1961 (reports, accounts and returns), in subsection (3) for the words from “shall not be qualified” to the end substitute “shall not be so appointed unless he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989.”.

SCH-1.10

10. Transport Act 196211

In section 24 of the Transport Act 1962 (accounts) in subsection (2) for the words from “shall not be qualified” to the end substitute “shall not be so appointed unless he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989.”.

SCH-1.11

11. Betting, Gaming and Lotteries Act 196312

In section 55 of the Betting, Gaming and Lotteries Act 1963 (interpretation etc—general), for the definition of “qualified accountant” in subsection (1) substitute “qualified accountant” means a person who is eligible for appointment as a company auditor under section 25 of the Companies Act 1989;

SCH-1.12

12. Hairdressers (Registration) Act 196413

In section 13 of the Hairdressers (Registration) Act 1964 (accounts), in subsection (1) for the words from “shall be qualified” to the end substitute “shall be appointed under the last foregoing subsection unless he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989.”.

SCH-1.13

13. Cereals Marketing Act 196514

In section 21 of the Cereals Marketing Act 1965 (report and accounts of Home-Grown Cereals Authority), in subsection (5)(b) for the words from “a person who is a member” to the end substitute “a person who is eligible for appointment as a company auditor under section 25 of the Companies Act 1989.”

SCH-1.14

14. Teaching Council (Scotland) Act 196515

In paragraph 13 of Schedule 1 to the Teaching Council (Scotland) Act 1965 (expenses and accounts), for subsection (3) substitute–

SCH-1.3

“3 No person shall be appointed as an auditor under this paragraph unless he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989.”.

SCH-1.15

15. Universities (Scotland) Act 196616

In section 12 of the Universities (Scotland) Act 1966 (annual reports and financial statements), for subsections (2) and (3) substitute–

SCH-1.2

“2 No person shall be appointed as an auditor under this section unless he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989.

SCH-1.3

3 No person shall be appointed as an auditor under this section if he, or where the person in question is a partnership or a body corporate, any partner in the partnership or any director or officer of the body corporate, is a member of the University Court or of the staff of the University concerned.”.

SCH-1.16

16. Agriculture Act 196717

In section 19 of the Agriculture Act 1967 (annual report and accounts of Meat and Livestock Commission), for subsection (3) substitute–

SCH-1.3

“3 A person shall not be appointed auditor under subsection (2) unless he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989.”.

SCH-1.17

17. Development of Inventions Act 196718

In section 12 of the Development of Inventions Act 1967 (accounts and audit) for subsection (3) substitute–

SCH-1.3

“3 No person shall be so appointed unless he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989.”.

SCH-1.18

18. New Towns (Scotland) Act 196819

In section 39 of the New Towns (Scotland) Act 1968 (accounts, audit, annual reports etc), for subsection (3) substitute–

SCH-1.3

“3 No person shall be so appointed unless he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989.”.

SCH-1.19

19. Hearing Aid Council Act 196820

In section 12 of the Hearing Aid Council Act 1968 (expenses, receipts and accounts of Council), for...

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