Local Audit and Accountability Act 2014

Valid from 16/12/2014

9 E+W For section 1219 (appropriate qualifications) substitute—

“1219 Appropriate qualifications

(1) A person holds an appropriate qualification for the purposes of this Chapter only if—

(a) the person holds a qualification that is an appropriate qualification by virtue of this section, or

(b) the person holds an appropriate qualification for the purposes of this Chapter as it has effect apart from its application by virtue of Schedule 5 to the Local Audit and Accountability Act 2014.

(2) The Secretary of State may by regulations provide for a qualification to be an appropriate qualification for the purposes of this Chapter if—

(a) it is a professional qualification in accountancy,

(b) it is obtained from a body established in the United Kingdom, and

(c) it meets, or the Secretary of State thinks that it meets, specified requirements.

(3) Regulations under this section may, in particular, provide for a qualification to be an appropriate qualification if—

(a) it is offered by a body (a “qualifying body”) established in the United Kingdom (whether a body corporate or an unincorporated association), and

(b) it is recognised by the Secretary of State in accordance with the regulations.

(4) Regulations under this section that contain provision under subsection (3) may in particular—

(a) provide for the Secretary of State to make an order (a “recognition order”) recognising a qualification offered by a qualifying body;

(b) make provision about the application by a qualifying body for a recognition order;

(c) provide for the Secretary of State to give directions or impose requirements in connection with the application;

(d) make provision about the circumstances in which the Secretary of State may or must make or refuse to make a recognition order;

(e) make provision about the steps to be taken by the Secretary of State on making or refusing to make a recognition order;

(f) provide for a recognition order to be revoked by a further order (a “revocation order”);

(g) make provision about the circumstances in which a revocation order may or must be made;

(h) make provision about the date on which a revocation order may or must take effect;

(i) provide for a revocation order to contain transitional provision;

(j) make provision about the steps to be taken by the Secretary of State before or on making a revocation order.

(5) The requirements that may be specified for a qualification to be an appropriate qualification or to be the subject of a recognition order include, in particular, requirements as to—

(a) the persons to whom the qualification is open;

(b) the course of instruction undertaken by persons to whom the qualification is awarded;

(c) the professional experience of such persons;

(d) the examinations passed by such persons;

(e) the practical training undertaken by such persons;

(f) the rules and arrangements of the body offering the qualification for ensuring or monitoring compliance with other specified requirements.

(6) Regulations under this section may in particular—

(a) provide for exceptions to a specified requirement;

(b) confer power on the Secretary of State to give or withhold recognition or approval for the purposes of a specified requirement.

(7) A person holds an appropriate qualification for the purposes of this Chapter if, immediately before the relevant time, the person was qualified for appointment as an auditor under section 3 of the Audit Commission Act 1998 by virtue of the person's membership of a body listed in subsection (7) of that section.

(8) A person holds an appropriate qualification for the purposes of this Chapter if—

(a) before the relevant time, the person began a course of study or practical training leading to a professional qualification in accountancy offered by a body listed in section 3(7) of the Audit Commission Act 1998,

(b) the person would have been qualified for appointment as an auditor under section 3 of that Act by virtue of subsection (5)(b) of that section if that qualification had been obtained before that time, and

(c) the person obtained that qualification within the period of 6 years beginning with that time.

(9) In subsections (7) and (8) “the relevant time” means the time at which paragraph 9 of Schedule 5 to the Local Audit and Accountability Act 2014 comes into force.

(10) Regulations under this section are subject to negative resolution procedure.

(11) In this section “specified” means specified in regulations under this section.

(12) In this Part “recognised professional qualification” means a professional qualification that is—

(a) offered by a qualifying body, and

(b) recognised by the Secretary of State in accordance with regulations under this section.

(13) In this Part “recognised qualifying body” means a qualifying body offering a recognised professional qualification.”