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Select Committee on Jobs, Enterprise and Innovation: Companies (Statutory Audits) Bill 2017: Committee Stage (21 Feb 2018)

Heather Humphreys: I move amendment No. 11:In page 39, line 31, to delete “after section 936:” and substitute “before section 937:”. This amendment is technical. It is a drafting matter.

Select Committee on Jobs, Enterprise and Innovation: Companies (Statutory Audits) Bill 2017: Committee Stage (21 Feb 2018)

Heather Humphreys: I move amendment No. 12:In page 40, line 32, to delete “and anonymous”. I am proposing this amendment to section 37 for clarity and to align the wording of this section with the EU audit directive. Section 37 provides that the IAASA must, as required by Article 30f of the EU audit directive, provide aggregated information annually on all sanctions and measures imposed under...

Select Committee on Jobs, Enterprise and Innovation: Companies (Statutory Audits) Bill 2017: Committee Stage (21 Feb 2018)

Heather Humphreys: I move amendment No. 13:In page 41, line 13, to delete “Chapter 3.”.” and substitute “Chapter 3.”. This amendment, together with amendment No. 14, is tabled to clarify matters to do with the IAASA’s obligation to communicate certain information to the Committee of European Auditing Oversight Bodies, CEAOB. Amendment No. 13 is purely technical to...

Select Committee on Jobs, Enterprise and Innovation: Companies (Statutory Audits) Bill 2017: Committee Stage (21 Feb 2018)

Heather Humphreys: I move amendment No. 14:In page 41, between lines 13 and 14, to insert the following:“(3) A recognised accountancy body shall immediately communicate to the Supervisory Authority particulars of any temporary prohibition referred to in point (c) or (e) of Article 30a(1) of the Audit Directive imposed by the body on a relevant person. (4) The Supervisory Authority shall immediately...

Select Committee on Jobs, Enterprise and Innovation: Companies (Statutory Audits) Bill 2017: Committee Stage (21 Feb 2018)

Heather Humphreys: I move amendment No. 15:In page 41, to delete lines 27 to 31 and substitute the following:“(c) by the substitution of the following subsections for subsections (4) and (5):“(4) Subject to subsection (5), the Supervisory Authority may make regulations respecting the procedures to be followed in conducting enquiries under section 933 and investigations under section 934 or 935....

Select Committee on Jobs, Enterprise and Innovation: Companies (Statutory Audits) Bill 2017: Committee Stage (21 Feb 2018)

Heather Humphreys: I move amendment No. 16:In page 45, line 15, to delete “The Director” and substitute “Subject to subsection (7), the Director”. This is a technical amendment to insert into section 45 a cross-reference to the new subsection (7) which is inserted by amendment No. 17. Section 45 gives the Director of Corporate Enforcement the power to impose sanctions on a director...

Select Committee on Jobs, Enterprise and Innovation: Companies (Statutory Audits) Bill 2017: Committee Stage (21 Feb 2018)

Heather Humphreys: I move amendment No. 17:In page 45, between lines 18 and 19, to insert the following:“(7) The Director shall immediately communicate to the Supervisory Authority particulars of any direction given by the Director under section 957C(2)(b).”.

Select Committee on Jobs, Enterprise and Innovation: Companies (Statutory Audits) Bill 2017: Committee Stage (21 Feb 2018)

Heather Humphreys: I move amendment No. 18:In page 46, lines 27 and 28, to delete “there has been no investigation under Part 13 into the relevant conduct;” and substitute “no investigation under Part 13 into the relevant conduct has been commenced;”.

Select Committee on Jobs, Enterprise and Innovation: Companies (Statutory Audits) Bill 2017: Committee Stage (21 Feb 2018)

Heather Humphreys: I move amendment No. 19:In page 46, line 32, to delete “the terms of the agreement” and substitute “without prejudice to the generality of the terms of the agreement, such terms”.

Select Committee on Jobs, Enterprise and Innovation: Companies (Statutory Audits) Bill 2017: Committee Stage (21 Feb 2018)

Heather Humphreys: I move amendment No. 20:In page 47, line 1, to delete “The provisions” and substitute “Subject to subsection (6), the provisions”.

Select Committee on Jobs, Enterprise and Innovation: Companies (Statutory Audits) Bill 2017: Committee Stage (21 Feb 2018)

Heather Humphreys: I move amendment No. 21:In page 47, between lines 14 and 15, to insert the following:“(6) The necessary modifications referred to in subsection (3), in so far as section 957F is concerned, include reading that section as if—(a) the following subsection were substituted for subsection (1) of that section:‘(1) Subject to subsection (3), the Director shall, in so far as a...

Select Committee on Jobs, Enterprise and Innovation: Companies (Statutory Audits) Bill 2017: Committee Stage (21 Feb 2018)

Heather Humphreys: I move amendment No. 22:In page 51, between lines 32 and 33, to insert the following:“ ‘penalty’ includes a sanction and a measure;”. This is a technical amendment to align the language of the Bill with that of EU law. Both the EU audit directive and regulation refer to "sanctions and measures". However, some of the provisions of this Bill refer to...

Select Committee on Jobs, Enterprise and Innovation: Companies (Statutory Audits) Bill 2017: Committee Stage (21 Feb 2018)

Heather Humphreys: I move amendment No. 23:In page 75, line 31, after “1465” to insert the following:“and a temporary prohibition referred to in point (c) of Article 30a(1) of the Audit Directive and a temporary prohibition (in so far as it relates to a member of an audit firm) referred to in point (e) of that Article”.

Select Committee on Jobs, Enterprise and Innovation: Companies (Statutory Audits) Bill 2017: Committee Stage (21 Feb 2018)

Heather Humphreys: I move amendment No. 24:In page 78, line 35, after “934E” to insert “and subject to subsection (9)”. This amendment is technical and inserts a cross-reference to subsection (9) which is proposed to be inserted by amendment No. 25. Amendment No. 25 is intended to clarify the text of section 1504. As required under Article 24 of the EU audit regulation, the IAASA...

Select Committee on Jobs, Enterprise and Innovation: Companies (Statutory Audits) Bill 2017: Committee Stage (21 Feb 2018)

Heather Humphreys: I move amendment No. 25:In page 80, between lines 11 and 12, to insert the following:“(9) (a) Subject to paragraph (b), where a recognised accountancy body is minded to commence an investigation of a statutory auditor or audit firm in respect of a statutory audit of a public-interest entity, it shall, before commencing such investigation and in the interests of assisting the...

Select Committee on Jobs, Enterprise and Innovation: Companies (Statutory Audits) Bill 2017: Committee Stage (21 Feb 2018)

Heather Humphreys: I move amendment No. 26:In page 94, line 23, to delete “may” and substitute “shall”. This amendment is intended to clarify the obligation on an audit committee of a public interest entity in new section 1529. Section 1529 provides that the auditor of a public interest entity prepares a report that is additional to the usual audit report. This "additional report"...

Select Committee on Jobs, Enterprise and Innovation: Companies (Statutory Audits) Bill 2017: Committee Stage (21 Feb 2018)

Heather Humphreys: I move amendment No. 27:In page 95, between lines 16 and 17, to insert the following:“(3) (a) The Central Bank may, by notice in writing given to a statutory auditor or audit firm, require the auditor or firm to give it, within the period specified in the notice, additional information if such information is necessary for effective financial market supervision as provided for in the...

Select Committee on Jobs, Enterprise and Innovation: Companies (Statutory Audits) Bill 2017: Committee Stage (21 Feb 2018)

Heather Humphreys: I move amendment No. 28:In page 121, line 21, to delete “Subject to subsection (6)” and substitute the following:“(a) Subject to paragraph (b), subsection (6)”. This is a technical amendment to insert a cross-reference to a new subsection (6). The subsection is proposed to be inserted by amendment No. 29 which is a clarification. Section 51 inserts a new section...

Select Committee on Jobs, Enterprise and Innovation: Companies (Statutory Audits) Bill 2017: Committee Stage (21 Feb 2018)

Heather Humphreys: I move amendment No. 29:In page 121, between lines 27 and 28, to insert the following:“(b) Paragraph (a) shall not apply to a third-country auditor or third country audit entity that provides audit reports concerning the annual or group financial statements of undertakings incorporated in third countries in respect of which—(i) the Commission has not yet made a decision that the...

Select Committee on Jobs, Enterprise and Innovation: Companies (Statutory Audits) Bill 2017: Committee Stage (21 Feb 2018)

Heather Humphreys: I move amendment No. 30:In page 128, between lines 38 and 39, to insert the following: “Amendment of Schedule 5 to Principal Act 52. Schedule 5 to the Principal Act is amended by the substitution of the following paragraph for paragraph 5:“5. A company or undertaking engaged in the business of accepting deposits or other repayable funds from the public and granting credit for...

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