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There are currently no known outstanding effects for the Companies Act 2006, Cross Heading: Cooperation with foreign competent authorities.
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Textual Amendments
F1Ss. 1253A-1253C and cross-heading inserted (6.4.2008) by The Statutory Auditors and Third Country Auditors Regulations 2007 (S.I. 2007/3494), reg. 14(1) (with reg. 14(2))
The Secretary of State may request from F2... a third country competent authority such assistance, information or investigation as he may reasonably require in connection with the exercise of his functions under this Part.
Textual Amendments
F2Words in s. 1253A omitted (31.12.2020) by virtue of The Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/177), regs. 2, 17; 2020 c. 1, Sch. 5 para. 1(1)
[F4(1)The Secretary of State must take all necessary steps to—
(a)ensure that an investigation is carried out, or
(b)provide any other assistance or information,
if requested to do so by an [F5approved third country competent authority] F6....]
[F7(1A)Where the request includes a request for the transfer of audit working papers and investigation reports, the Secretary of State must act in accordance with section 1253D.]
(2)Within 28 days following the date on which he receives the request, the Secretary of State must—
(a) provide the assistance or information required by [F8the requesting authority] under subsection (1)(b), or
(b) notify [F9the requesting authority] of the reasons why he has not done so.
(3)But the Secretary of State need not take steps to comply with a request under subsection (1) if—
(a)he considers that complying with the request may prejudice the sovereignty, security or public order of the United Kingdom;
(b)legal proceedings have been brought in the United Kingdom (whether continuing or not) in relation to the persons and matters to which the request relates; or
(c)disciplinary action has been taken by a recognised supervisory body in relation to the persons and matters to which the request relates.
F10(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Words in s. 1253B heading substituted (31.12.2020) by The Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/177), regs. 2, 18(a); 2020 c. 1, Sch. 5 para. 1(1)
F4S. 1253B(1) substituted (17.6.2016) by The Statutory Auditors and Third Country Auditors Regulations 2016 (S.I. 2016/649), reg. 1(1)(a), Sch. 3 para. 41(2)
F5Words in s. 1253B(1) substituted (31.12.2020) by The Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/177), regs. 2, 18(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in s. 1253B(1) omitted (31.12.2020) by virtue of The Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/177), regs. 2, 18(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F7S. 1253B(1A) inserted (31.12.2020) by The Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/177), regs. 2, 18(c); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in s. 1253B(2)(a) substituted (17.6.2016) by The Statutory Auditors and Third Country Auditors Regulations 2016 (S.I. 2016/649), reg. 1(1)(a), Sch. 3 para. 41(3)(a)
F9Words in s. 1253B(2)(b) substituted (17.6.2016) by The Statutory Auditors and Third Country Auditors Regulations 2016 (S.I. 2016/649), reg. 1(1)(a), Sch. 3 para. 41(3)(b)
F10S. 1253B(4) omitted (31.12.2020) by virtue of The Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/177), regs. 2, 18(d); 2020 c. 1, Sch. 5 para. 1(1)
[F13(1)If the Secretary of State receives notice from a recognised supervisory body under section 1223A(1) (notification of matters relevant to [F14approved third country competent authorities]) that—
(a)a person has become eligible for appointment as a statutory auditor, or
(b)a person’s eligibility for appointment as a statutory auditor has been withdrawn,
the Secretary of State must notify the relevant [F15approved third country competent authority].]
(2) In subsection (1) “[F16approved third country competent authority]” means the [F16approved third country competent authority] which has approved the person concerned F17... to carry out audits of annual accounts or consolidated accounts F18....
(3)The notification under subsection (1) must include the name of the person concerned and [F19, in a case where a person’s eligibility for appointment as a statutory auditor has been withdrawn, the reasons for the withdrawal].
(4) The Secretary of State must notify the relevant [F20approved third country competent authority] if he has reasonable grounds for suspecting that—
(a) a person has contravened the law of the United Kingdom, or any [F21equivalent third country or transitional third country, relating to audit], and
(b) the act or omission constituting that contravention took place on the territory of [F22an equivalent third country or transitional third country].
(5) In subsection (4) “[F23approved third country competent authority]” means the [F23approved third country competent authority] for the [F24country or territory] in which the suspected contravention took place.
(6)The notification under subsection (4) must include the name of the person concerned and the grounds for the Secretary of State's suspicion.]
Textual Amendments
F11Words in s. 1253C heading inserted (31.12.2020) by The Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/177), regs. 2, 19(a); 2020 c. 1, Sch. 5 para. 1(1)
F12Words in s. 1253C heading omitted (31.12.2020) by virtue of The Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/177), regs. 2, 19(a); 2020 c. 1, Sch. 5 para. 1(1)
F13S. 1253C(1) substituted (17.6.2016) by The Statutory Auditors and Third Country Auditors Regulations 2016 (S.I. 2016/649), reg. 1(1)(a), Sch. 3 para. 42(2)
F14Words in s. 1253C(1) substituted (31.12.2020) by The Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/177), regs. 2, 19(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F15Words in s. 1253C(1) substituted (31.12.2020) by The Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/177), regs. 2, 19(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F16Words in s. 1253C(2) substituted (31.12.2020) by The Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/177), regs. 2, 19(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F17Words in s. 1253C(2) omitted (31.12.2020) by virtue of The Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/177), regs. 2, 19(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F18Words in s. 1253C(2) omitted (31.12.2020) by virtue of The Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/177), regs. 2, 19(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F19Words in s. 1253C(3) substituted (17.6.2016) by The Statutory Auditors and Third Country Auditors Regulations 2016 (S.I. 2016/649), reg. 1(1)(a), Sch. 3 para. 42(3)
F20Words in s. 1253C(4) substituted (31.12.2020) by The Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/177), regs. 2, 19(d)(i); 2020 c. 1, Sch. 5 para. 1(1)
F21Words in s. 1253C(4)(a) substituted (31.12.2020) by The Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/177), regs. 2, 19(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F22Words in s. 1253C(4)(b) substituted (31.12.2020) by The Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/177), regs. 2, 19(d)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F23Words in s. 1253C(5) substituted (31.12.2020) by The Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/177), regs. 2, 19(e)(i); 2020 c. 1, Sch. 5 para. 1(1)
F24Words in s. 1253C(5) substituted (31.12.2020) by The Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/177), regs. 2, 19(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)
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