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Statutory Instruments

2025 No. 444

RETAINED EU LAW REFORM

COMPANIES

AUDITORS

The Companies Act 2006 (Recognition of Third Country Qualifications and Practical Training) (Amendment) Regulations 2025

Sift requirements satisfied

26th March 2025

Made

at 11.00 a.m. on 3rd April 2025

Laid before Parliament

at 2.00 p.m. on 3rd April 2025

Coming into force

14th May 2025

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 14(2), 14(4)(b), 14(7) and 20(1)(b) of the of the Retained EU Law (Revocation and Reform) Act 2023 (“the 2023 Act”)(1).

The Secretary of State is a relevant national authority for the purposes of section 14(2) of the 2023 Act(2).

The requirements of paragraph 6(2) of Schedule 5 to the 2023 Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Companies Act 2006 (Recognition of Third Country Qualifications and Practical Training) (Amendment) Regulations 2025.

(2) These Regulations come into force 40 days after the day on which they are made.

(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Amendments to the Companies Act 2006

2.—(1)Part 42 of the Companies Act 2006 (statutory auditors)(3) is amended as follows.

(2) In section 1221 (approval of third country qualifications)(4)—

(a)for subsection (1A)(a) substitute—

(a)already holds a professional qualification which—

(i)covers subjects and skills which are the same or substantially the same as the subjects and skills that are covered by a recognised professional qualification, where the knowledge of those subjects and skills is essential for the pursuit of the profession of statutory auditor, and

(ii)demonstrates knowledge of those subjects and skills to the same or substantially the same standard as that demonstrated by the recognised professional qualification, or;

(b)for subsection (1A)(b) substitute—

(b)holds a professional qualification which does not comply with paragraph (a) and has met whichever of the requirements of subsection (1B) as is specified in the declaration.;

(c)in subsection (7A), for paragraph (a) substitute—

(a)must test the person’s knowledge of required subjects and skills,;

(d)after subsection (7A) insert—

(7AA)For the purposes of subsection (7A), a subject or skill is a required subject or skill if it is covered by a recognised professional qualification and knowledge of it is essential for the pursuit of the profession of statutory auditor, but—

(a)the professional qualification already held by the person (“the existing qualification”) does not cover the same or substantially the same subject or skill, or

(b)the existing qualification does not demonstrate knowledge of that subject or skill to the same or substantially the same standard as that demonstrated by the recognised professional qualification..

(3) In paragraph 9 (practical training) of Schedule 11 (requirements for recognition of a professional qualification)(5)—

(a)in sub-paragraph (4)(b) for “an EEA State, or part of an EEA State” substitute “a country or territory outside the United Kingdom, where the conditions in sub-paragraph (4A) are met in relation to that person.”;

(b)after sub-paragraph (4) insert—

(4A)Those conditions are that—

(a)the Secretary of State has determined for the purposes of sub-paragraph (2) that the law and practice with respect to the audit of accounts in the country or territory outside the United Kingdom is similar to that in the United Kingdom,

(b)the body offering the qualification is satisfied that the person has been approved by the body or organisation responsible for approving a person as being eligible under the law of the country or territory outside of the United Kingdom for appointment as an auditor of accounts, and

(c)the body offering the qualification is satisfied that the approval corresponds to the approval of a person as being eligible for appointment as a statutory auditor in the United Kingdom.;

(c)omit sub-paragraph (5).

Transitional provision

3. The amendments made by regulation 2(3) do not affect the validity of any approval to provide practical training granted to a person under paragraph 9(3) of Schedule 11 to the Companies Act 2006 before the commencement of these Regulations.

Justin Madders

Parliamentary Under-Secretary of State

Department for Business and Trade

at 11.00 a.m. on 3rd April 2025

(2)

The term “relevant national authority” is defined in section 21(1) of the Retained EU Law (Revocation and Reform) Act 2023.

(4)

Section 1221 was amended by S.I. 2007/3494 and S.I. 2017/1164.

(5)

Paragraph 9 was amended by S.I. 2007/3494 and S.I. 2019/177.

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Companies Act 2006 (Recognition of Third Country Qualifications and Practical Training) (Amendment) Regulations 2025 (2025/444)

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