Auditing and Assurance Standards and Guidance

Miscellaneous Auditing Documents

FRC Audit Enforcement Procedure

Part 8 - Reconsideration

69.The FRC may reconsider any decision made under these Rules with the agreement of the Respondent.
70.The Conduct Committee may reconsider any decision made in respect of Rule 3 or Rule 4 without the agreement of the Respondent where it appears that:
 (a)either:
  (i)the decision was one or more of the following:
   (A)wrong in law;
   (B)unfair because of a serious procedural irregularity;
   (C)irrational; or
  (ii)significant and relevant new evidence which could not have been adduced previously has been received within 5 years of the decision under reconsideration; and
 (b)it is necessary in the public interest or to prevent injustice to reconsider the decision.
71.Where the Conduct Committee decides to reconsider a decision, it shall provide the Respondent with any new evidence or information and invite the Respondent to submit representations.
72.Where the Conduct Committee reconsiders the decision it may:
 (a)decide the original decisions should stand; or
 (b)remit the matter back to the Decision Maker for a fresh decision where the matter shall follow the same procedure under these Rules applicable to that Decision Maker.
73.The Conduct Committee shall inform the Respondent of its decision in respect of reconsideration.
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