Thursday 7 February 2019

UK: The Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) Regulations 2019

The Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) Regulations 2019 were made on 1 February: see here or here (pdf). They come into force on exit day (except for Part 5 which comes into force later this month). The accompanying explanatory memorandum is available here (pdf). To quote from the memorandum (paras. 2.4 to 2.6):
As a result of the UK’s withdrawal from the EU, references to arrangements with the EU, its institutions and those of Member States, to EU institutions, EU law and concepts under EU law are no longer workable in legislation implementing the Audit Directive. The Audit Regulation forms part of retained EU law under the European Union (Withdrawal) Act 2018 and will therefore continue to apply in the UK as a domestic instrument ... This instrument makes amendments to the legislation that implements the Audit Directive and to the retained UK version of the Audit Regulation. It also grants powers previously held by the European Commission, to the Secretary of State and to the FRC ... This instrument amends references to non-retained EU law, EU institutions and functions exercised by EU institutions contained in UK law ... so that those references instead refer to legislation, institutions and functions that are provided for in UK law".

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