OpenLegislation

Section 51 Meaning of “qualified accountant”.F1C1C2C3

England and Wales

(1)

The reference to a “qualified accountant” in section 48(3) (certification of summary of information about relevant costs) is to a person who, in accordance with the following provisions, has the necessary qualification and is not disqualified from acting.

(F22)

a person has the necessary qualification only if he is eligible for appointment as a F3statutory auditor under Part 42 of the Companies Act 2006.

(4)

The following are disqualified from acting—

(F4a)

where the payee is a company, the payee or any associated company of the payee;

(b)

an officer or employee of the payee or, where the payee is a company, of an associated company;

(c)

a person who is a partner or employee of any such officer or employee.

(5)

For the purposes of F5subsection (4)(a) and (b). a company is associated with the payee company if it is (within the meaning of F6section 1159 of the Companies Act 2006) the payee’s holding company or subsidiary or is a subsidiary of the payee’s holding company.

(6)

Where the payee is a local authority F7or a F8development corporation—

(a)

the persons who have the necessary qualification include members of the Chartered Institute of Public Finance and Accountancy, and

(b)

subsection (4)(b) (disqualification of officers and employees) does not apply.

Annotations

Textual amendments

F1

Ss. 45, 47, 48, 50, 51 repealed in relation to dwellings let on long leases by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 41(2)

F2

S. 51(2) substituted (1.10.1991) for s. 51(2)(3) by S.I. 1991/1997, reg. 2, Sch. para. 58(a)

F3

Words in s. 51(2) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 3(1), Sch. 1 para. 1(hh) (with arts. 6, 11, 12)

F4

S. 51(4)(a) substituted (1.10.1991) by S.I. 1991/1997, reg. 2, Sch. para. 58(b)

F5

Words in s. 51(5) substituted (1.10.1991) by S.I. 1991/1997, reg. 2, Sch. para. 58(c)

F6

Words in s. 51(5) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order (S.I. 2009/1941), art. 2(1), {Sch. 1 para. 62(4)} (with art. 10)

F7

Words in s. 51(6) substituted (1.10.1998) by 1998 c. 38, s. 129, Sch. 15 para. 9 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

F8

Words in s. 51(6) substituted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), art. 4, Sch. 1 para. 8 (with Sch. 2); S.I. 2008/3068, arts. 1(2), 2(1)(b) (with arts. 6-13)

Modifications

C1

Ss. 45-51 extended (5.7.1994) by 1994 c. 19, s. 39, Sch. 13 para. 21(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

C2

Ss. 45-51 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(b)

C3

S. 47, 48, 50, 51, Pt. IV(ss. 79-117) amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 paras. 22 and 23 as substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 61

Notes on Part II

Modifications

C1

Pt. II (ss. 8–57): power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(a)(4)

C2

Pt. II (ss. 8-57) restricted (19.8.1996) by 1996 c. 49, s. 9(4)(a); S.I. 1996/2127, art. 2, Sch. Pt. I