46Powers and duties of auditors to report on accounts

#### 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. > > > (7) The report of an auditor of a trust must: > > > > > (a) be attached to or endorsed on the accounts, and > > > > > (b) if a commoner so requires, be read at the annual general meeting of commoners, and > > > > > (c) be kept available for inspection by a commoner at any reasonable time. > > > (8) An auditor of a trust or the auditor’s agent authorised by the auditor in writing for the purpose is entitled: > > > > > (a) to attend any general meeting of the commoners, and > > > > > (b) to receive all notices of, and other communications relating to, any general meeting that a commoner is entitled to receive, and > > > > > (c) to be heard at any general meeting that he or she attends on any part of the business of the meeting that concerns the auditor in that capacity, and > > > > > (d) to be so heard even though the auditor is retiring at that meeting or a resolution to remove the auditor from office is passed at that meeting. > > > (9) If an auditor of a trust becomes aware: > > > > > (a) that the trust has failed to comply with section 31, or > > > > > (b) that the trust has failed to comply with the provisions of section 36 relating to the submitting of accounts to the annual general meeting of commoners, > > > > the auditor must: > > > > > (c) immediately inform the Minister by notice in writing, and > > > > > (d) if accounts have been prepared and audited, send to the Minister a copy of the accounts and of the auditor’s report on those accounts. > > > (10) Except in a case to which subsection (9) applies, if an auditor, in the course of the performance of the auditor’s duties as auditor of a trust, is satisfied that: > > > > > (a) there has been a contravention of any of the provisions of this Act, and > > > > > (b) the circumstances are such that in the auditor’s opinion the matter has not been or will not be adequately dealt with by comment in the auditor’s report on the accounts or by bringing the matter to the notice of the trust board, > > > > the auditor must immediately report the matter to the Minister by notice in writing.