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Amendment of Principal Act - insertion of sections 936A and 936B
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37. The Principal Act is amended by the insertion of the following sections before section 937:
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“Supplemental provisions in relation to section 934 - relevant directors
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936A. (1) This section applies if—
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(a) either—
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(i) a specified person is the subject of a decision under section 934(9) that he or she has committed a relevant contravention, or
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(ii) the Supervisory Authority and a specified person who falls within paragraph (b) of the definition of ‘specified person’ have entered into a section 934E agreement in respect of a relevant contravention that the Supervisory Authority reasonably believes that the person has committed,
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and
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(b) that contravention relates, whether directly or indirectly, to the audit of a public-interest entity.
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(2) The Supervisory Authority shall, as soon as is practicable, give the Director particulars of—
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(a) the specified person,
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(b) the relevant contravention, and
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(c) the public-interest entity.
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(3) The Supervisory Authority shall, in addition to complying with subsection (2), give the Director such information and documents and assistance as the Director may reasonably require for the Director to decide whether or not—
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(a) to investigate under Part 13 a relevant director, or
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(b) to impose, under section 957B, a relevant sanction (within the meaning of section 957AA) on a relevant director for engaging in conduct giving rise (whether in whole or in part) to the relevant contravention,
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or both.
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Communication with the CEAOB
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936B. (1) The Supervisory Authority shall immediately communicate to the CEAOB particulars of—
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(a) any direction under section 934(8) that is equivalent to a direction referred to in paragraph (b),
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(b) any direction given by the Authority under section 934C(2)(e) or (f), and
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(c) any direction given by the Director under section 957C(2)(b).
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(2) The Supervisory Authority shall, as soon as may be after the end of a year, give to the CEAOB aggregated information in relation to—
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(a) all relevant sanctions imposed by it on specified persons (being specified persons who fall within paragraph (b) of the definition of ‘specified person’) during the year in accordance with this Chapter,
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(b) all public notices of relevant sanctions imposed by it on specified persons (being specified persons who fall within paragraph (b) of the definition of ‘specified person’) during the year in accordance with this Chapter,
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(c) all relevant sanctions (within the meaning of Chapter 9 of Part 27) imposed by it on specified persons (within the meaning of that Chapter) during the year in accordance with that Chapter,
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(d) all public notices of relevant sanctions imposed (within the meaning of Chapter 9 of Part 27) by it on specified persons (within the meaning of that Chapter) during the year in accordance with that Chapter,
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(e) all relevant sanctions (within the meaning of section 957AA) imposed by the Director during the year in accordance with Chapter 3, and
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(f) all public notices of relevant sanctions imposed (within the meaning of section 957AA) by the Director during the year in accordance with Chapter 3.
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(3) A recognised accountancy body shall immediately communicate to the Supervisory Authority particulars of any temporary prohibition referred to in point (c) or (e) of Article 30a(1) of the Audit Directive imposed by the body on a relevant person.
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(4) The Supervisory Authority shall immediately communicate to the CEAOB particulars which have been communicated to it under subsection (3).
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(5) Without prejudice to the generality of sections 1523 and 1556, a recognised accountancy body shall, as soon as may be after the end of a year, give to the Supervisory Authority aggregated information in relation to—
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(a) all sanctions equivalent to relevant sanctions imposed by it on relevant persons during the year in accordance with Part 27, and
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(b) all notices equivalent to public notices of the sanctions first-mentioned in paragraph (a) imposed by it on relevant persons during the year in accordance with Part 27.
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(6) The Supervisory Authority shall, as soon as may be after it is given the information referred to in subsection (5), give the information to the CEAOB.
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(7) In this section, ‘relevant person’, in relation to a recognised accountancy body, means—
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(a) a member of the body, or
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(b) an auditor or audit firm in relation to whom, by virtue of section 930C, the body may perform functions,
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who is a statutory auditor or former statutory auditor.”.
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