National Health Service Act 2006

Auditor

23 (1) A public benefit corporation must have an auditor.

(2) It is for the board of governors to appoint or remove the auditor at a general meeting of the board.

(3) An officer of the Audit Commission may be the auditor if he is appointed by the board with the agreement of the Commission.

(4) But a person may not be appointed as auditor unless he (or, in the case of a firm, each of its members) is a member of one or more of the following bodies—

(a) the bodies mentioned in section 3(7)(a) to (e) of the Audit Commission Act 1998 (c. 18),

(b) any other body of accountants established in the United Kingdom and approved by the regulator for the purposes of this paragraph.

(5) Where an officer of the Audit Commission is appointed as auditor, the Commission must charge the public benefit corporation such fees for his services as will cover the full cost of providing them.

(6) The corporation must establish a committee of non-executive directors as an audit committee to perform such monitoring, reviewing and other functions as are appropriate.

(7) In this paragraph “the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England and Wales.