The Local Audit (Professional Qualifications and Major Local Audit) Regulations 2014

JurisdictionEngland & Wales
CitationSI 2014/1627

2014No. 1627

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Audit (Professional Qualifications and Major Local Audit) Regulations 2014

23rdJune2014

27thJune2014

31stJuly2014

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 1219 and 1292(1) of, and paragraph 13 of Schedule 10 to, the Companies Act 2006( 1), as they have effect by virtue of paragraphs 9 and 28(7) of Schedule 5 to the Local Audit and Accountability Act 2014( 2):

PART 1

General

Citation, commencement and interpretation

1. (1) These Regulations may be cited as the Local Audit (Professional Qualifications and Major Local Audit) Regulations 2014 and come into force on 31st July 2014.

(2) In these Regulations-

"the Act" means the Local Audit and Accountability Act 2014; and

"sufficient period of professional experience" has the meaning given by regulation 10.

PART 2

Local audit qualifications

CHAPTER 1

Grant and revocation of recognition of a local audit qualification

Application for recognition of professional local audit qualification

2. (1) A qualification is an appropriate qualification for the purposes of section 1219 of the Companies Act 2006 (appropriate qualifications) as it has effect by virtue of Schedule 5 to the Act (eligibility and regulation of local auditors) if it is-

(a) offered by a qualifying body; and(b) the subject of an order ("a recognition order") made by the Secretary of State recognising that qualification.

(2) A qualifying body may apply to the Secretary of State for a recognition order.

(3) An application must be-

(a) made in such manner as the Secretary of State may direct; and(b) accompanied by such information as the Secretary of State may reasonably require for the purposes of determining the application.

(4) At any time after receiving an application and before determining it the Secretary of State may require the applicant to supply additional information to assist with determining the application.

(5) The directions given or requirements imposed under paragraphs (3) and (4) may differ as between different applications.

(6) The Secretary of State may require any information to be supplied under this regulation to be in such form or verified in such manner as the Secretary of State may specify.

(7) In the case of examination standards, the verification required may include independent moderation of the examinations over such period as the Secretary of State considers necessary.

(8) Every application must be accompanied by-

(a) a copy of the applicant's rules; and(b) a copy of any guidance issued by the applicant in writing.

(9) The reference in paragraph (8)(b) to any guidance issued by the applicant is a reference to any guidance or recommendation-

(a) issued or made by it to all or any class of persons holding or seeking to hold a qualification, or approved or seeking to be approved by the body for the purposes of giving practical training;(b) relevant for the purposes of Part 42 of the Companies Act 2006 as it has effect by virtue of Schedule 5 to the Act; and(c) intended to have continuing effect,

including any guidance or recommendation relating to a matter within paragraph (10).

(10) The matters within this paragraph are-

(a) admission to or expulsion from a course of study leading to a qualification;(b) the award or deprivation of a qualification; and(c) the approval of a person for the purposes of giving practical training or the withdrawal of such an approval,

so far as relevant for the purposes of Part 42 of the Companies Act 2006 as it has effect by virtue of Schedule 5 to the Act.

Grant and refusal of recognition

3. (1) The Secretary of State may, on an application made in accordance with regulation 2 and after being supplied with all such information as the Secretary of State may require under that regulation, make or refuse to make a recognition order in respect of the qualification in relation to which the application was made.

(2) The Secretary of State may make a recognition order only if it appears to the Secretary of State, from the information supplied by the applicant and having regard to any other information in the Secretary of State's possession, that the requirements of Chapter 2 are satisfied in relation to the qualification.

(3) Where the Secretary of State refuses an application for a recognition order, the Secretary of State must give the applicant a written notice to that effect specifying which requirements, in the opinion of the Secretary of State, are not satisfied.

(4) A recognition order must state the date on which it takes effect.

Revocation of recognition order

4. (1) A recognition order may be revoked by a further order ("a revocation order") made by the Secretary of State if at any time it appears to the Secretary of State-

(a) that any requirement of Chapter 2 is not satisfied in relation to the qualification to which the recognition order relates; or(b) that the qualifying body has failed to comply with any obligation imposed on it by or...

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