Company Law Reform Bill [HL]

moved Amendments Nos. 361 and 362:"After Clause 513, insert the following new clause—" ““DUTY OF AUDITOR TO NOTIFY APPROPRIATE AUDIT AUTHORITY (1)   Where— (a)   in the case of a major audit, an auditor ceases for any reason to hold office, or (b)   in the case of an audit that is not a major audit, an auditor ceases to hold office before the end of his term of office, the auditor ceasing to hold office must notify the appropriate audit authority. (2)   The notice must— (a)   inform the appropriate audit authority that he has ceased to hold office, and (b)   be accompanied by a copy of the statement deposited by him at the company’s registered office in accordance with section 510. (3)   If the statement so deposited is to the effect that he considers that there are no circumstances in connection with his ceasing to hold office that need to be brought to the attention of members or creditors of the company, the notice must also be accompanied by a statement of the reasons for his ceasing to hold office. (4)   The auditor must comply with this section— (a)   in the case of a major audit, at the same time as he deposits a statement at the company’s registered office in accordance with section 510; (b)   in the case of an audit that is not a major audit, at such time (not being earlier than the time mentioned in paragraph (a)) as the appropriate audit authority may require. (5)   A person ceasing to hold office as auditor who fails to comply with this section commits an offence. (6)   If that person is a firm an offence is committed by— (a)   the firm, and (b)   every officer of the firm who is in default. (7)   In proceedings for an offence under this section it is a defence for the person charged to show that he took all reasonable steps and exercised all due diligence to avoid the commission of the offence. (8)   A person guilty of an offence under this section is liable— (a)   on conviction on indictment, to a fine; (b)   on summary conviction, to a fine not exceeding the statutory maximum.”” After Clause 513, insert the following new clause— ““DUTY OF COMPANY TO NOTIFY APPROPRIATE AUDIT AUTHORITY (1)   Where an auditor ceases to hold office before the end of his term of office, the company must notify the appropriate audit authority. (2)   The notice must— (a)   inform the appropriate audit authority that the auditor has ceased to hold office, and (b)   be accompanied by— (i) a statement by the company of the reasons for his ceasing to hold office, or (ii) if the copy of the statement deposited by the auditor at the company’s registered office in accordance with section 510 contains a statement of circumstances in connection with his ceasing to hold office that need to be brought to the attention of members or creditors of the company, a copy of that statement. (3)   The company must give notice under this section not later than 14 days after the date on which the auditor’s statement is deposited at the company’s registered office in accordance with section 510. (4)   If a company fails to comply with this section, an offence is committed by— (a)   the company, and (b)   every officer of the company who is in default. (5)   In proceedings for such an offence it is a defence for the person charged to show that he took all reasonable steps and exercised all due diligence to avoid the commission of the offence. (6)   A person guilty of an offence under this section is liable— (a)   on conviction on indictment, to a fine; (b)   on summary conviction, to a fine not exceeding the statutory maximum.”” On Question, amendments agreed to. Clause 514 [Information to be given to accounting authorities]: