Companies Act 2014 (Procedures Governing the Conduct of Section 933 Enquiries) Regulations 2019.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Companies Act 2014 (Procedures Governing the Conduct of Section 933 Enquiries) Regulations 2019.
(2) Section 933(2) of the Act provides that, following a complaint or on its own initiative, the Authority may, for the purpose of determining whether a prescribed accountancy body has complied with its approved investigation and disciplinary procedures enquire into—
(a) a decision by that body not to undertake an investigation into a possible breach of its standards by a member;
(b) the conduct of an investigation by that body into a possible breach of its standards by a member; or
(c) any other decision of that body relating to a possible breach of its standards by a member, unless the matter is or has been the subject of an investigation under section 934 relating to that member.
(3) Section 933(3) of the Act provides that, the Authority may, for the purpose of determining whether a recognised accountancy body has complied with the applicable provisions in performing a Part 27 function, enquire into the performance by the body of that function (including, where applicable, enquire into the conduct by that body of an investigation into the conduct of a member of that body).
(4) These Regulations come into operation on the 13 day of November 2019.
(5) The Companies (Auditing and Accounting) Act 2003 (Procedures Governing the Conduct of Section 23 Enquiries) Regulations 2012 ( S.I. No. 96 of 2012 ) are revoked.
(6) Nothing in these Regulations shall affect any existing enquiries instituted or on going before the commencement of these Regulations and such enquiries shall continue pursuant to the previous Regulations as if these Regulations had not come into operation.
(7) These Regulations shall be construed in accordance with the Act, as may be amended from time to time.
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paragraphs: (1) Except where otherwise stated, words and expressions used in these Regulations that are used in the Companies Act 2014 , as amended, shall have the same meaning.
(2) In these Regulations, unless the context otherwise requires—
“the Act” means the Companies Act 2014 , as amended;
“the Act of 1990” means the Companies Act 1990 ;
“Act of 2003” means the Companies (Auditing and Accounting) Act 2003 ;
“adverse finding” means a finding by an Enquiry Committee that a prescribed accountancy body has failed to comply with its approved investigation and disciplinary procedures or that a recognised accountancy body has failed to comply with the applicable provisions in performing a Part 27 function, as appropriate;
“applicable provisions”, in relation to a Part 27 function and a recognised accountancy body, means, in addition to the provision of the Act that confers that function—
(a) any other provisions of the Act or of a statutory instrument made under the 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 of the Act that are relevant to that function,
in accordance with which that function shall be performed by that body;
“approved investigation and disciplinary procedures” means—
(a) in relation to a prescribed accountancy body that is a recognised accountancy
body, the investigation and disciplinary procedures approved under—
(i) section 905(2)(c) of the Act,
(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, and
(b) in relation to any other prescribed accountancy body, the investigation and
disciplinary procedures approved under—
(i) section 905(2)(c) of the Act, or
(ii) section 9(2)(c) of the Act of 2003;
“the Authority” means the Irish Auditing and Accounting Supervisory Authority, and includes any committee established to assist the Authority under section 937(1) of the Act or any officer, employee or person duly authorised pursuant to section 937(3A) or section 937(4) of the Act;
“Chief Executive Officer” means the chief executive officer of the Authority;
“complainant” means a person who has lodged a complaint with the Authority regarding an alleged breach of the approved investigation and disciplinary procedures of a prescribed accountancy body or an alleged failure of a recognised accountancy body to comply with the applicable provisions in performing a Part 27 function;
“Court” means the High Court;
“decision of a prescribed accountancy body” is—
(a) a decision by a prescribed accountancy body not to undertake an investigation into a possible breach of its standards by a member; or
(b) any other decision of a prescribed accountancy body relating to a possible breach of its standards by a member,
and, for the purposes of these Regulations, and in accordance with section 933(16)(a) of the Act, any decision made or any investigation conducted by a disciplinary committee of a prescribed accountancy body is considered to have been made or conducted by the prescribed accountancy body;
“document” includes any books, documents, records, telephone recordings or electronically held information of whatever kind;
“enquiry” means an enquiry initiated under section 933 of the Act;
“Enquiry Committee” means a committee appointed to conduct a full enquiry in accordance with these Regulations;
“full enquiry” means the proceedings to be conducted by an Enquiry Committee;
“member” has the same meaning as is provided for by sections 900(1) and 933(16)(b) of the Act;