Audit by Accountant 25 40 Audit by Accountant (1) Where the Accountant receives accounts prepared by a judicial factor by virtue of this Act the Accountant must audit the accounts in accordance with this section. (2) In auditing accounts prepared by a judicial factor the Accountant may— (a) examine such further information in relation to the accounts as the Accountant 30 considers appropriate, (b) if the Accountant considers it necessary or expedient to do, remit the accounts for auditing to such duly qualified persons as the Accountant may select. (3) Where the Accountant remits the accounts for auditing, the Accountant— (a) must supervise the audit, 35 (b) retains responsibility for the accuracy of the audit. (4) When an audit is complete, the Accountant must set out the results in a report and send a copy of the report to the judicial factor. 26 Judicial Factors (Scotland) Bill Part 5—Accountant of court (5) If in the course of the audit the Accountant or the person to whom the accounts have been remitted (as the case may be)— (a) comes to the view that some aspect of the accounts requires to be explained, then the judicial factor must be given an opportunity to provide the explanation before 5 the audit is completed, or (b) makes any correction to the accounts, then the Accountant (or the person), on being required to do so by the judicial factor, must explain the correction and the reason for making it. (6) Any costs incurred in remitting the accounts to a person under subsection (2)(b) are to 10 be met from the factory estate. 1 41 Audit by Accountant: objection and appeal (1) Subject to subsections (2) to (5)— (a) an audit completed in accordance with section 40, (b) the accounts to which the audit relates, and 15 (c) the report on the results of the audit, are conclusive. (2) The judicial factor to whom the report relates may lodge a written objection to the report with the Accountant within the period of 21 days beginning on the day on which the judicial factor receives of the report. 20 (3) The Accountant must consider any objection lodged under subsection (2) and, following that consideration, may— (a) amend the results and report of the audit in order to take account of matters raised in the objection, or (b) dismiss the objection. 25 (4) Where the Accountant dismisses an objection under subsection (3)(b) the judicial factor may require the Accountant to refer the objection for determination by the court which appointed the judicial factor. (5) The determination of the court in relation to an objection referred under subsection (4) is final and is conclusive against both the Accountant and the judicial factor. 30 Annual review 42 Annual review (1) As soon as reasonably practicable following the expiry of each reporting year, the Accountant must publish a review of the Accountant’s activities in relation to the relevant judicial factories in the relevant reporting year. 35 (2) The Scottish Ministers must, by regulations, prescribe— (a) the manner in which the review is to be published, (b) information which must be contained in the review, and (c) the definition of “reporting year” for the purposes of subsection (1). 27 Judicial Factors (Scotland) Bill Part 5—Accountant of court (3) The review may contain such other information as the Accountant considers appropriate. (4) Regulations under subsection (2) are subject to the negative procedure. (5) In this section, “relevant judicial factories” means each judicial factory which subsists at any time during the reporting year, irrespective of whether they came into being 5 before or after the coming into force of this section.