Part II Eligibility for Appointment as Company Auditor

Supplementary provisions

53 Minor definitions.

(1)

In this Part—

“address” means—

(a)

in relation to an individual, his usual residential or business address, and

(b)

in relation to a firm, its registered or principal office in Great Britain;

“company” means any company or other body to which section 384 of the M1Companies Act 1985 (duty to appoint auditors) applies;

“director”, in relation to a body corporate, includes any person occupying in relation to it the position of a director (by whatever name called) and any person in accordance with whose directions or instructions (not being advice given in a professional capacity) the directors of the body are accustomed to act;

“enactment” includes an enactment contained in subordinate legislation within the meaning of the M2Interpretation Act 1978;

“firm” means a body corporate or a partnership;

“group”, in relation to a body corporate, means the body corporate, any other body corporate which is its holding company or subsidiary and any other body corporate which is a subsidiary of that holding company; and

“holding company” and “subsidiary” have the meaning given by section 736 of the M3Companies Act 1985;

“parent undertaking” and “subsidiary undertaking” have the same meaning as in Part VII of the Companies Act 1985.

(2)

For the purposes of this Part a body shall be regarded as “established in the United Kingdom” if and only if—

(a)

it is incorporated or formed under the law of the United Kingdom or a part of the United Kingdom, or

(b)

its central management and control is exercised in the United Kingdom;

and any reference to a qualification “obtained in the United Kingdom” is to a qualification obtained from such a body.