HC Deb 19 October 1976 vol 917 cc1243-4

'(1) Special notice shall be required for a resolution at a general meeting of a company—

  1. (a) appointing as auditor a person other than a retiring auditor; or
  2. (b) filling a casual vacancy in the office of auditor; or
  3. (c) reappointing as auditor a retiring auditor who was appointed by the directors to fill a casual vacancy; or
  4. (d) removing an auditor before the expiration of his term of office.

(2) On receipt of notice of such an intended resolution as aforesaid the company shall forthwith send a copy thereof—

  1. (a) to the person proposed to be appointed or removed, as the case may be;
  2. (b) in a case within subsection (l)(a) above, to the retiring auditor; and
  3. (c) where, in a case within subsection (1)(b) or (c) above, the casual vacancy was caused by the resignation of an auditor, to the auditor who resigned.

(3) Where notice is given of such a resolution as is mentioned in subsection (1)(a) or (d) above and the retiring auditor, or as the case may be, the auditor proposed to be removed makes with respect to the intended resolution representations in writing to the company (not exceeding a reasonable length) and requests their notification to members of the company, the company shall (unless the representations are received by it too late for it to do so)—

  1. (a) in any notice of the resolution given to members of the company state the fact of the representations having been made, and
  2. (b) send a copy of the representations to every member of the company to whom notice of the meeting is or has been sent.

(4) If a copy of any such representations as are mentioned in subsection (3) above are not sent out as required by that subsection because received too late or because of the company's default, the auditor may (without prejudice to his right to be heard orally) require that the representations shall be read out at the meeting.

(5) Copies of the representations need not be sent out and the representations need not be read out at the meeting if, on the application either of the company or of any other person who claims to be aggrieved, the court is satisfied that the rights conferred by this section are being abused to secure needless publicity for defamatory matter; and the court may order the company's costs on an application under this subsection to be paid in whole or in part by the auditor, notwithstanding that he is not a party to the application.

(6) An auditor of a company who has been removed shall be entitled to attend—

  1. (a) the general meeting at which his term of office would otherwise have expired, and
  2. (b) any general meeting at which it is proposed to fill the vacancy caused by his removal,
and to receive all notices of, and other communications relating to, any such meeting which any member of the company is entitled to receive, and to be heard at any such meeting which he attends on any part of the business of the meeting which concerns him as former auditor of the company.

(7) Section 160 of the Act of 1948 (which is superseded by this section) shall cease to have effect.'.

Amendment (a) to New Clause 2, in subsection (6), after "entitled to attend," insert: 'or to be represented at'.

Amendment (b) to New Clause 2, in subsection (6), after "and to be heard," insert: 'either in person or by his representatives'.

We shall also take Government amendments Nos. 36, 39, 40, 74, 81 and 82.

Mr. David Mitchell (Basingstoke)

On a point of order, Mr. Speaker. May I ask whether it is the Government's intention to take a complex Bill through a stage involving 35 separate amendments and debates at this hour of the night? It is, moreover, a Bill which affects a very large number of businesses, especially small firms.

Mr. Speaker

I think that the hon. Gentleman knows that that is not a point of order for me. I have to follow the Order Paper.

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