The Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007

Provisions relating to the appointment of auditors

8.—(1) In section 384 (duty to appoint auditors)—

(a) in subsection (1) for “Every company” substitute “Every public company”;

(b) in subsection (2) omit the words from “except in the case of a private company” to the end;

(c) in subsection (3) omit the words from “or 385A(2)” to the end; and

(d) omit subsection (4).

(2) In section 385 (appointment at general meeting at which accounts laid), in subsection (1) omit the words from “and to a private company” to the end.

(3) In section 387 (appointment by Secretary of State in default of appointment by company), in subsection (1) for “If in any case” substitute “If in the case of a public company”.

(4) In section 388 (filling of casual vacancies)—

(a) in subsection (1) after “The directors” insert “of a public company”;

(b) in subsection (3) for “a company” substitute “a public company”.

(5) In section 388A (certain companies exempt from obligation to appoint auditors)—

(a) in subsection (1) for “A company” substitute “A public company”;

(b) in subsection (2) for “a company” substitute “a public company”;

(c) omit subsection (4); and

(d) in subsection (5), omit “or (4)”.

(6) These amendments have effect in relation to appointments for financial years beginning on or after 1st October 2007.