xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
396.—[F1(1 )F2 The directors [F3of a public company], or the company in general meeting, may fill a casual vacancy in the office of auditor.
(2) While such a vacancy continues, any surviving or continuing auditor or auditors may continue to act.
(3 )F4 Special notice is required for a resolution at a general meeting of [F5a public company]—
(a)filling a casual vacancy in the office of auditor, or
(b)re-appointing as auditor a retiring auditor who was appointed by the directors to fill a casual vacancy.
(4 )F6 On receipt of notice of such an intended resolution the company shall forthwith send a copy of it—
(a)to the person proposed to be appointed, and
(b)if the casual vacancy was caused by the resignation of an auditor, to the auditor who resigned.]
F1Art. 396 repealed (1.10.2007 for certain purposes otherwise prosp.) by Companies Act 2006 (c. 46), ss. 1284(2), 1295, 1300(2), Sch. 16; S.I. 2007/2194, arts. 1(3)(a), 8, Sch. 2 Pt. 2 (with art. 12, Sch. 3 para. 44(2))
F2mod. by SR 2004/307
F3Words in art. 396(1) inserted (1.10.2007 with effect as mentioned in Sch. 4 para. 24(6) of the amending S.I.) by Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), arts. 1(3), 10(1), Sch. 4 para. 24(4)(a) (with art. 12)
F4mod. by SR 2004/307
F5Words in art. 396(3) substituted (1.10.2007 with effect as mentioned in Sch. 4 para. 24(6) of the amending S.I.) by Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), arts. 1(3), 10(1), Sch. 4 para. 24(4)(b) (with art. 12)
F6mod. by SR 2004/307
F7Order repealed (prosp.) by Companies Act 2006 (c. 46), ss. 1284(2), 1295, 1300(2), Sch. 16 and the repeal being partly in force, as to which see individual Articles (with savings (with adaptations) by Companies Act 2006 (Commencement No. 6, Saving and Commencement Nos. 3 and 5 (Amendment)) Order 2008 (S.I. 2008/674), arts. 2(3), {4}, Sch. 2) and subject to amendments (6.4.2008) by Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), arts. 2(2), 3(1)(b)(2), Sch. 1 paras. 135, 147, 148 {Sch. 2 Note 1} (with arts. 6, 11, 12) and subject to amendments (6.4.2008) by S.R. 2008/133, {regs. 2, 3}