Part 16Audit
Chapter 6Auditors' liability
Liability limitation agreements
535Terms of liability limitation agreement
(1)
A liability limitation agreement—
(a)
must not apply in respect of acts or omissions occurring in the course of the audit of accounts for more than one financial year, and
(b)
must specify the financial year in relation to which it applies.
(2)
The Secretary of State may by regulations—
(a)
require liability limitation agreements to contain specified provisions or provisions of a specified description;
(b)
prohibit liability limitation agreements from containing specified provisions or provisions of a specified description.
“Specified” here means specified in the regulations.
(3)
Without prejudice to the generality of the power conferred by subsection (2), that power may be exercised with a view to preventing adverse effects on competition.
(4)
Subject to the preceding provisions of this section, it is immaterial how a liability limitation agreement is framed.
In particular, the limit on the amount of the auditor's liability need not be a sum of money, or a formula, specified in the agreement.
(5)
Regulations under this section are subject to negative resolution procedure.