C45C35C55C34C57C56C54C33Part 16Audit
Pt. 16 excluded (8.4.2020) by Parliamentary Buildings (Restoration and Renewal) Act 2019 (c. 27), s. 14(2)(3), Sch. 2 para. 9(9)
Pt. 16 excluded (S.) (26.11.2020) by The Companies Act 2006 (Scottish public sector companies to be audited by the Auditor General for Scotland) Order 2020 (S.S.I. 2020/402), arts. 1(1), 3
Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))
Pt. 16 excluded (S.) (10.3.2021) by The Companies Act 2006 (Scottish public sector companies to be audited by the Auditor General for Scotland) Order 2021 (S.S.I. 2021/129), arts. 1(1), 3
Pt. 16 excluded (S.) (15.6.2022) by The Companies Act 2006 (Scottish public sector companies to be audited by the Auditor General for Scotland) Order 2022 (S.S.I. 2022/207), arts. 1(1), 3
Pt. 16 excluded (S.) (30.10.2022) by The Companies Act 2006 (Scottish public sector companies to be audited by the Auditor General for Scotland) (No. 2) Order 2022 (S.S.I. 2022/308), arts. 1(1), 3
Pts. 1-39 (except for Pt. 7 and ss. 662-669), 45-47 extended (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), art. 5(1), Sch. 1 para. 2
C34Chapter 3Functions of auditor
Signature of auditor's report
C17C13C9C5C1C21C29C39C46C49C34C58C60C50C59C65503Signature of auditor's report
1
The auditor's report must state the name of the auditor and be signed and dated.
2
Where the auditor is an individual, the report must be signed by him.
3
Where the auditor is a firm, the report must be signed by the senior statutory auditor in his own name, for and on behalf of the auditor.
F14
Where more than one person is appointed as auditor, the report must be signed by all those appointed.
C18C14C10C6C2I1C32C51C49C34C37C42C38C36C64504Senior statutory auditor
1
The senior statutory auditor means the individual identified by the firm as senior statutory auditor in relation to the audit in accordance with—
F2a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
F3... any relevant guidance issued by—
i
the Secretary of State, or
ii
a body appointed by order of the Secretary of State.
2
The person identified as senior statutory auditor must be eligible for appointment as auditor of the company in question (see Chapter 2 of Part 42 of this Act).
3
The senior statutory auditor is not, by reason of being named or identified as senior statutory auditor or by reason of his having signed the auditor's report, subject to any civil liability to which he would not otherwise be subject.
4
An order appointing a body for the purpose of subsection (1)(b)(ii) is subject to negative resolution procedure.
C22C19C15C11C7C3C26C24C25C30C44C40C49C34C43C48C63C61C66505Names to be stated in published copies of auditor's report
1
Every copy of the auditor's report that is published by or on behalf of the company must—
a
state the name of the auditor and (where the auditor is a firm) the name of the person who signed it as senior statutory auditor, or
b
if the conditions in section 506 (circumstances in which names may be omitted) are met, state that a resolution has been passed and notified to the Secretary of State in accordance with that section.
F41A
If more than one person is appointed as auditor, the reference in subsection (1)(a) to the name of the auditor is to be read as a reference to the names of all the auditors.
2
For the purposes of this section a company is regarded as publishing the report if it publishes, issues or circulates it or otherwise makes it available for public inspection in a manner calculated to invite members of the public generally, or any class of members of the public, to read it.
3
If a copy of the auditor's report is published without the statement required by this section, an offence is committed by—
a
the company, and
b
every officer of the company who is in default.
4
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
C23C20C16C12C8C28C4C27C31C52C49C34C62C41C47C53C67506Circumstances in which names may be omitted
1
F5An auditor’s name and, where the auditor is a firm, the name of the person who signed the report as senior statutory auditor, may be omitted from—
a
published copies of the report, and
b
the copy of the report delivered to the registrar under Chapter 10 of Part 15 (filing of accounts and reports),
if the following conditions are met.
2
The conditions are that the company—
a
considering on reasonable grounds that statement of the name would create or be likely to create a serious risk that the auditor or senior statutory auditor, or any other person, would be subject to violence or intimidation, has resolved that the name should not be stated, and
b
has given notice of the resolution to the Secretary of State, stating—
i
the name and registered number of the company,
ii
the financial year of the company to which the report relates, and
iii
the name of the auditor and (where the auditor is a firm) the name of the person who signed the report as senior statutory auditor.
Pt. 16 applied (with modifications) (8.12.2017) by The Risk Transformation Regulations 2017 (S.I. 2017/1212), regs. 1(2), 162, 163 (with reg. 189)