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(1)This section applies where—
(a)an approved third country competent authority makes a request to the Secretary of State for the transfer of [F3audit working papers and investigation reports] which relate to the audit of the consolidated accounts of a group, and
(b)the [F3audit working papers and investigation reports] that are the subject of the request—
(i) have been created by the auditor of a subsidiary that is located in another EEA State in relation to the audit of that subsidiary, and
(ii)are in the possession of a statutory auditor.
(2) In the case of a transfer by the Secretary of State under section 1253DA, the transfer must not take place unless the EEA competent authority responsible for the auditor of the subsidiary has given its express agreement to the transfer.
(3) In the case of a transfer by a statutory auditor under section 1253DB, the Secretary of State must not approve the transfer unless the EEA competent authority responsible for the auditor of the subsidiary has given its express agreement to the transfer. ]]
Textual Amendments
F1Ss. 1253D-1253F and cross-heading inserted (6.4.2008) by The Statutory Auditors and Third Country Auditors Regulations 2007 (S.I. 2007/3494), reg. 15(1) (with reg. 15(2) (as amended by S.I. 2008/499), reg. 2(4)))
F2Ss. 1253D-1253DE substituted for s. 1253D (15.11.2010) by The Companies Act 2006 (Transfer of Audit Working Papers to Third Countries) Regulations 2010 (S.I. 2010/2537), regs. 1(2), 2
F3Words in s. 1253DD substituted (17.6.2016) by The Statutory Auditors and Third Country Auditors Regulations 2016 (S.I. 2016/649), reg. 1(1)(a), Sch. 3 para. 47(1) (with reg. 1(2)(b))
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