Companies Act 2014

900

Interpretation (Chapter 2)

900. (1) In this Chapter—

F534[]

F535[]

F536["2019 Qualifying Partnerships Regulations" means the European Union (Qualifying Partnerships: Accounting and Auditing) Regulations 2019;]

“Act of 2003” means the Companies (Auditing and Accounting) Act 2003;

“amount of turnover” has the same meaning as it has in F537[section 275];

F538["applicable provisions", in relation to a Part 27 function and a recognised accountancy body, means, in addition to the provision of this Act that confers that function

(a) any other provisions of this Act or of a statutory instrument made under this Act,

(b) the provisions of any section 931 notice given to the body that are relevant to that function,

(c) the provisions of Regulation (EU) No 537/2014 that are relevant to that function, and

(d) the provisions of any rule, guideline, term or condition, relevant obligation, or direction, referred to in section 906 that are relevant to that function,

in accordance with which that function shall be performed by that body;]

F538["Audit Directive" has the meaning assigned to it by Part 27;]

“balance sheet total” has the same meaning as it has in F537[section 275];

“board” means the board of directors of the Supervisory Authority;

F539[CEAOB has the meaning assigned to it by section 905(3)(c);]

“chief executive officer” means the chief executive officer of the Supervisory Authority;

F538["court" means the High Court;]

“designated body” means a body that, under section 902(2), is a designated body at the relevant time;

“disciplinary committee” means any disciplinary committee or tribunal (however called) of a prescribed accountancy body;

F538["firm" has the meaning assigned to it by Part 27;]

“member”, in relation to a prescribed accountancy body, means—

(a) a person; or

(b) a firm,

that is, or was at the relevant time, subject to the investigation and disciplinary procedures approved for that body under—

(i) section 905(2)(c);

(ii) section 9(2)(c) of the Act of 2003; or

(iii) the Act of 1990, whether before or after the amendments of that Act that were made by section 32 of the Act of 2003;

F538["monetary sanction"

(a) in relation to a specified person who falls within paragraph (a) of the definition of "specified person", means the monetary sanction referred to in section 934(8), and

(b) in relation to a specified person who falls within paragraph (b) of the definition of "specified person", means the monetary sanction referred to in section 934C(2)(g);]

F538["Part 27 function" means a function conferred on a recognised accountancy body by a provision of Part 27 or of Schedule 19 or 20;]

“prescribed accountancy body” means—

(a) a recognised accountancy body; or

(b) any other body of accountants that is prescribed;

F538["public notice of relevant sanction imposed", in relation to a specified person, means the publication in accordance with section 934F(1) of the specified persons particulars referred to in that section together with the other related particulars referred to in that section;]

F540["recognised accountancy body" means a body of accountants recognised under section 930 for the purposes of the relevant provisions;]

F538["Regulation (EU) No 537/2014" has the meaning assigned to it by Part 27;]

F538["relevant body" has the meaning assigned to it by section 933(1);

"relevant contravention" means

(a) a breach of the standards of a prescribed accountancy body by a member of that body, or

(b) a contravention by a statutory auditor of a provision of

(i) section 336 or 337,

(ii) Part 27, or

(iii) Regulation (EU) No 537/2014;

"relevant decision", in relation to a specified person, means

(a) a decision under section 934(8) or (9) that a specified person has committed a relevant contravention,

(b) if, in consequence of a decision referred to in paragraph (a), the Supervisory Authority decides under section 934(8) or (9) to impose a relevant sanction on the specified person, the decision to impose that sanction, or

(c) both such decisions;

"relevant director" means a director or former director of a public-interest entity;

"relevant provisions" means the provisions of

(a) this Chapter,

(b) Part 27, and

(c) Regulation (EU) No 537/2014;

"relevant sanction"

(a) in relation to a specified person who falls within paragraph (a) of the definition of "specified person", means a sanction referred to in section 934(8), and

(b) in relation to a specified person who falls within paragraph (b) of the definition of "specified person", means a sanction referred to in section 934C(2);

"section 931 notice" shall be read in accordance with section 931(2);

"section 933A agreement" shall be read in accordance with section 933A(2);

"section 934E agreement" shall be read in accordance with section 934E(1);

"specified person", in relation to a relevant contravention, means

(a) if the relevant contravention falls within paragraph (a) of the definition of "relevant contravention", the member or former member concerned of the prescribed accountancy body, and

(b) if the relevant contravention falls within paragraph (b) of the definition of "relevant contravention", the statutory auditor or former statutory auditor concerned;]

“reserve fund” means the fund referred to in section 919;

“standards”, in relation to a prescribed accountancy body, means the rules, regulations and standards that body applies to its members and to which, by virtue of their membership, they are obliged to adhere;

“superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death;

“Supervisory Authority” means the Irish Auditing and Accounting Supervisory Authority.

(2) In this Chapter, “material interest” is to be read in accordance with section 2(3) of the Ethics in Public Office Act 1995.

F541[(3) F542[]]

Annotations

Amendments:

F534

Deleted (1.01.2020) by European Union (Qualifying Partnerships: Accounting and Auditing) Regulations 2019 (S.I. No. 597 of 2019), reg. 4(b)(i), in effect as per reg. 1(2), (3).

F535

Deleted (17.06.2016) by European Union (Statutory Audits) (Directive 2006/43/EC, as amended by Directive 2014/56/EU, and Regulation (EU) No 537/2014) Regulations 2016 (S.I. No. 312 of 2016), reg. 14(a)(i), in effect as per regs. 1(2), 3 and subject to transitional provisions in reg. 143.

F536

Inserted (1.01.2020) by European Union (Qualifying Partnerships: Accounting and Auditing) Regulations 2019 (S.I. No. 597 of 2019), reg. 4(b)(ii), in effect as per reg. 1(2), (3).

F537

Substituted (9.06.2017) by Companies (Accounting) Act 2017 (9/2017), s. 88(a)(i), S.I. No. 246 of 2017, art. 3, subject to transitional provision in art. 4.

F538

Inserted (21.09.2018) by Companies (Statutory Audits) Act 2018 (22/2018), s. 17(a)(ii), S.I. No. 366 of 2018.

F539

Inserted (17.06.2016) by European Union (Statutory Audits) (Directive 2006/43/EC, as amended by Directive 2014/56/EU, and Regulation (EU) No 537/2014) Regulations 2016 (S.I. No. 312 of 2016), reg. 14(a)(iii), in effect as per regs. 1(2), 3 and subject to transitional provisions in reg. 143.

F540

Substituted (21.09.2018) by Companies (Statutory Audits) Act 2018 (22/2018), s. 17(a)(i), S.I. No. 366 of 2018.

F541

Inserted (17.06.2016) by European Union (Statutory Audits) (Directive 2006/43/EC, as amended by Directive 2014/56/EU, and Regulation (EU) No 537/2014) Regulations 2016 (S.I. No. 312 of 2016), reg. 14(b), in effect as per regs. 1(2), 3 and subject to transitional provision in reg. 143.

F542

Deleted (21.09.2018) by Companies (Statutory Audits) Act 2018 (22/2018), s. 17(b), S.I. No. 366 of 2018.

Editorial Notes:

E155

Previous affecting provision: definition of “recognised accountancy body” amended (17.06.2016) by European Union (Statutory Audits) (Directive 2006/43/EC, as amended by Directive 2014/56/EU, and Regulation (EU) No 537/2014) Regulations 2016 (S.I. No. 312 of 2016), reg. 14(a)(ii), in effect as per regs. 1(2), 3 and subject to transitional provisions in reg. 143; definition substituted as per F-note above.