Companies (Statutory Audits) Act 2018

Amendment of section 941 of Principal Act

41. Section 941 of the Principal Act is amended—

(a) in subsection (1), by the substitution of “section 931B(5), 933(10) or (12) or 934(11) or (13)” for “section 933(9) or (11), 934(10) or 935B(7)”,

(b) in subsection (3)—

(i) by the substitution of “section 933(5)” for “section 933(4)”,

(ii) by the substitution of “relevant contravention committed by a specified person” for “breach of a prescribed accountancy body’s rules by a member”, and

(iii) in paragraph (b), by the substitution of “such person” for “the member”,

(c) by the substitution of the following subsections for subsection (4):

“(4) Subsection (4A) applies to the following decisions of the Supervisory Authority:

(a) a decision under section 931B(2)(c);

(b) a decision under section 933(6) in so far as it relates to the advisement, or admonishment, or censure referred to in that section of a relevant body;

(c) a decision under section 933(7);

(d) a decision under section 934(10);

(e) a relevant decision in so far as it relates to the imposition of a relevant sanction on a specified person.

(4A) A decision to which this subsection applies does not take effect until the decision is confirmed by the court either—

(a) on appeal under section 931B(5), 933(10) or 934(11) or (13), or

(b) on application by the Supervisory Authority under subsection (5).”,

(d) in subsection (5), by the substitution of “to which subsection (4A) applies” for “referred to in subsection (4)”,

(e) in subsection (6), by the substitution of the following paragraphs for paragraphs (b) and (c):

“(b) a term or condition of recognition,

(c) an obligation or obligations referred to in that subsection,

(d) a section 931 notice, or

(e) a direction under section 934A(2) or 934C(5),”,

and

(f) by the insertion of the following subsections after subsection (6):

“(7) On an application under section 933A(4) for an order compelling compliance with a section 933A agreement, the court may make any order or give any direction as it thinks fit.

(8) On an application under section 934B(2) for a direction referred to in section 934B(1), the court may make any order or give any direction as it thinks fit.

(9) On an application under section 934E(4) for an order compelling compliance with a section 934E agreement, the court may make any order or give any direction as it thinks fit.”.