Commons Management Act 1989
46Powers and duties of auditors to report on accounts
Start here
Get a plain-English read of 46
Turn the raw legal text into a practical explanation grounded in Commons Management Act 1989.
46 Powers and duties of auditors to report on accounts
46 Powers and duties of auditors to report on accounts
(1) An auditor of a trust must report to the commoners on the accounts required to be laid before the annual general meeting of commoners and on the trust’s accounting records and other records relating to those accounts.
(2) An auditor of a trust must provide the report under subsection (1) in sufficient time to enable the trust board to comply with the requirements of section 36 (1) (b) in relation to that report.
(3) An auditor of a trust must, in a report under this section:
(a) state whether the accounts are in the auditor’s opinion properly drawn up:
(i) so as to give a true and fair view of the matters required by section 42 to be dealt with in the accounts, and
(ii) in accordance with the provisions of this Act, and
(b) state whether the accounting records and other records and the commoners’ roll required by this Act to be kept by the trust have been, in the auditor’s opinion, properly kept in accordance with the provisions of this Act, and
(c) specify any defect or irregularity in the accounts and any matter not set out in the accounts without regard to which a true and fair view of the matters dealt with by the accounts would not be obtained, and
(d) if the auditor is not satisfied as to any matter referred to in paragraph (a) or (b), state the auditor’s reasons for not being so satisfied.
(4) It is the duty of an auditor of a trust to form an opinion as to each of the following matters:
(a) whether the auditor has obtained all the information and explanations that the auditor has required,
(b) whether proper accounting records and other records have been kept by the trust as required by this Act.
(5) An auditor of a trust must state in the auditor’s report particulars of any deficiency, failure or shortcoming in respect of any matter referred to in subsection (4).
(6) An auditor of a trust has a right of access at all reasonable times to the accounting records and other records of the trust and is entitled to require from any employee of the trust such information and explanations as the auditor desires for the purposes of audit.