Section 46

(1)

The circumstances referred to in section 45 are those in which the information referred to in that section is -

fa)

such as to give the auditor reasonable cause to believe, as regards the licensee concerned

(i)

that there is or has been or may have been a failure to fulfil any of the criteria in section 6 or 21 and that the failure is likely to be of material significance;

(ii)

that its licence should be revoked, or the Authority should take any other action under section 47;

(iii)

that there is or has been, or may be or may have been, a contravention of any provision of this Order and that the contravention is likely to be of material significance; or

(iv)

that the continuous functioning of the licensee may be affected; or 813

(b)

in any case where the auditor is the auditor of the licensee concerned, such as to lead to his refusal to certify the accounts or to his expression of reservations.

(2)

In subsection

(1)

"of material significance"

means of material significance for the exercise of the Authority's functions under this Order.

(3)

No duty to which an auditor of a licensee may be subject shall be regarded as contravened by reason of his communicating in good faith to the

Authority, whether or not in response to a request made by the Authority, any information of which he becomes aware or opinion that he may form in his capacity as auditor and which -

(a)

relates to the business or affairs of the licensee or of a body with which the licensee is closely linked; and

(b)

is relevant to any function of the Authority under this Order.

Report

Read on from s 47

Section 46

Schedules