Companies Act 2014

941.

Appeals to and orders of the court, including orders confirming decisions of Supervisory Authority

941. (1) In an appeal under F360 [ section 931B(5) , 933(10) or (12) or 934(11) or (13) ] , the court may consider any evidence adduced or argument made, whether or not adduced or made to the Supervisory Authority or other body whose decision is under appeal.

(2) On the hearing of such an appeal, the court may make any order or give any direction it thinks fit, including an order—

(a) confirming the decision under appeal, or

(b) modifying or annulling that decision.

(3) On application under F360 [ section 933 (5) ] for an order granting permission for an investigation under section 934 into a possible F360 [ relevant contravention committed by a specified person ], the court may—

(a) grant or refuse to grant permission, and

(b) make any ancillary or consequential order it thinks fit, including, if permission is granted, an order setting aside any decision of the body relating to F360 [ such person ].

F360 [ (4) Subsection (4A) applies to the following decisions of the Supervisory Authority:

(a) a decision under section 931B(2)(c) ;

(b) a decision under section 933(6) in so far as it relates to the advisement, or admonishment, or censure referred to in that section of a relevant body;

(c) a decision under section 933(7) ;

(d) a decision under section 934(10) ;

(e) a relevant decision in so far as it relates to the imposition of a relevant sanction on a specified person.

(4A) A decision to which this subsection applies does not take effect until the decision is confirmed by the court either

(a) on appeal under section 931B(5) , 933(10) or 934(11) or (13) , or

(b) on application by the Supervisory Authority under subsection (5) . ]

(5) On application by motion on notice by the Supervisory Authority for an order confirming a decision F360 [ to which subsection (4A) applies ], the court may make an order confirming the decision or may refuse to make such an order.

(6) On application under section 906(4) for an order compelling compliance with—

(a) a rule adopted or guideline issued by the Supervisory Authority,

F360 [ (b) a term or condition of recognition,

(c) an obligation or obligations referred to in that subsection,

(d) a section 931 notice, or

(e) a direction under section 934A(2) or 934C(5) , ]

the court may make any order or give any direction it thinks fit.

F361 [ (7) On an application under section 933A(4) for an order compelling compliance with a section 933A agreement, the court may make any order or give any direction as it thinks fit.

(8) On an application under section 934B(2) for a direction referred to in section 934B(1) , the court may make any order or give any direction as it thinks fit.

(9) On an application under section 934E(4) for an order compelling compliance with a section 934E agreement, the court may make any order or give any direction as it thinks fit. ]

Annotations

Amendments:

F360

Substituted (21.09.2018) by Companies (Statutory Audits) Act 2018 (22/2018), s. 41(a)-(e), S.I. No. 366 of 2018.

F361

Inserted (21.09.2018) by Companies (Statutory Audits) Act 2018 (22/2018), s. 41(f), S.I. No. 366 of 2018.

Editorial Notes:

E127

Previous affecting provision: subs. (1) 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. 26, in effect as per regs. 1(2), 3 and subject to transitional provision in reg. 143; amendment substituted as per F-note above.