Textual Amendments
F1Words in Sch. 11 heading omitted (6.4.2008) by virtue of The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 14(a), Sch. 2 (with arts. 6, 11, 12)
Modifications etc. (not altering text)
C1Sch. 11 excluded by S.I. 1986/2168, art. 12(a)
Textual Amendments
F2Sch. 11 para. 6A and cross-heading inserted (29.6.2008) by The Building Societies Act 1986 (Accounts, Audit and EEA State Amendments) Order 2008 (S.I. 2008/1519), arts. 1(2), 6(1)
6A.(1)Where an auditor of a building society is removed from office [F3, other than by order of the High Court made under paragraph 6ZA,] an application may be made to the High Court under this paragraph.U.K.
(2)The persons who may make such an application are—
(a)any member of the society who was also a member at the time of the removal;
[F4(b)the FCA; and
(c)if the society is a PRA-authorised person, the PRA.]
(3)If the court is satisfied that the removal was—
(a)on grounds of divergence of opinion on accounting treatments or audit procedures, or
(b)on any other improper grounds,
it may make such order as it thinks fit for giving relief in respect of the removal.
(4)The court may, in particular—
(a)declare that any resolution of the society removing an auditor, or appointing a new auditor in his place, is void;
(b)require the directors of the society to re-appoint the auditor until the next general meeting of the society;
(c)give directions as to the conduct of the society’s affairs in the future.]
Textual Amendments
F3Words in Sch. 11 para. 6A(1) inserted (17.6.2016) by The Statutory Auditors and Third Country Auditors Regulations 2016 (S.I. 2016/649), reg. 1(1)(a), Sch. 4 para. 8(e) (with reg. 1(6))
F4Sch. 11 para. 6A(2)(b)(c) substituted for Sch. 11 para. 6A(2)(b) (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 8 para. 55(5) (with Sch. 12)