# The Companies Act 1989 (Commencement No. 12 and Transitional Provision) Order 1991, Article 4: Transitional provision relating to the coming into force of section 28 of the Act


(1) A person who, on the date that section 28 of the Act comes into force, is ineligible for appointment as a company auditor by reason of not being a member of a recognised supervisory body but who then holds office as auditor of a company under an appointment for which he was not disqualified by virtue of section 389 of the Companies Act 1985 and for which he is not ineligible by virtue of section 27 of the Act may, notwithstanding the coming into force of section 28 of the Act, continue to act, and hold office, as auditor of the company until whichever of the following first occurs—
(a) the expiry of his term of office as determined in accordance with paragraph (2) of this article; or
(b) his becoming ineligible for appointment as auditor of the company by virtue of section 27 of the Act.
(2) For the purposes of paragraph (1) of this article a person’s term of office shall expire—
(a) in a case in which the appointment is as auditor of a company which has elected to dispense with the obligation to appoint auditors annually, at the time at which he would, in accordance with section 386 of the Companies Act 1985, cease to hold office if the election ceased to be in force on 1st October 1991; and
(b) in any other case, at the end of the time within which the company must, in accordance with whichever is applicable of section 385(2) or 385A(2) of the Companies Act 1985, next appoint auditors after 1st October 1991.

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Source: https://www.legislation.gov.uk/uksi/1991/1996/article/4 (the official version)
Page: https://openlegislation.uk/companies-act-1989-commencement-no-12-and-transitional-provision-order-1991/article-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.