The Companies (Disclosure of Address) Regulations 2009

• Citation: S.I. 2009/214
• Sections: 29

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Companies (Disclosure of Address) Regulations 2009 and come into force on 1st October 2009.

(2) In these Regulations—

“ the Act ” means the Companies Act 2006 and, unless the context otherwise requires, any reference to a numbered section is to a section so numbered in that Act;

“ the 1985 Act ” means the Companies Act 1985 ;

“ the 1986 Order ” means the Companies (Northern Ireland) Order 1986 ;

“ the 2016 Regulations ” means the Register of People with Significant Control Regulations 2016;

“ confidentiality order ” means an order under section 723B of the 1985 Act (confidentiality orders);

“ former name ” means a name—

by which an individual was formerly known, and

which was contained in a document delivered to the registrar in which the individual’s name was required to be stated;

“ limited liability partnership ” means a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000 or Limited Liability Partnerships Act (Northern Ireland) 2002 ;

“ name ” means a person's forename and surname, except that in the case of—

a peer; or

an individual usually known by a title,

the title may be stated instead of the person’s forename and surname;

“the Northern Ireland SEs Regulations” means the European Public Limited-Liability Company Regulations (Northern Ireland) 2004 as they had effect at the time the address was filed ;

“the old SEs Regulations” means the SEs Regulations, disregarding the amendments made by the European Public Limited-Liability Company (Amendment) Regulations 2009;

“ permanent representative ” means an individual who was a permanent representative for the purposes of sections 723B and 723C (effect of confidentiality orders) of the 1985 Act ;

“police force” means—

a police force within the meaning of section 101(1) of the Police Act 1996 (interpretation),

the Police Service of Scotland within the meaning of section 6 of the Police and Fire Reform (Scotland) Act 2012 (the Police Service of Scotland),

the Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve within the meaning of section 1 of the Police (Northern Ireland) Act 2000 (name of the police in Northern Ireland),

“ registrable person ” means a registrable person under Part 21A of the Act;

“ relevant body ” means any police force and any other person whom the registrar considers may be able to assist in answering a question referred to that person by the registrar under these Regulations;

“ relevant organisation ” means the Government Communications Headquarters, the Secret Intelligence Service or the Security Service ...;

“the SEs Regulations” means the European Public Limited-Liability Company Regulations 2004 as they had effect at the time the address was filed ;

“ section 243 applicant ” means an individual by whom or in respect of whom a section 243 application has been made but in respect of which application the registrar either has not made a determination, or has made a determination, not being a section 243 decision, and any appeal to the court in respect of that application under regulation 14 has not been determined by the court;

“ section 243 application ” means an application under section 243(4) (permitted disclosure by the registrar) for the purpose of requiring the registrar to refrain from disclosing protected information relating to a director to a credit reference agency;

“ section 243 beneficiary ” means—

an individual who has made a section 243 application in respect of which a section 243 decision has been made; or

an individual on whose behalf a company or a subscriber to a memorandum of association has made a section 243 application in respect of which a section 243 decision has been made; or

an individual in relation to whom a confidentiality order was in force immediately before 1st October 2009 and who, by paragraph 37 of Schedule 2 to the Companies Act 2006 (Commencement No. 8, Transitional Provisions and Savings) Order 2008 is treated as having made a section 243 application in respect of which a section 243 decision has been made;

“ section 243 decision ” means a determination by the registrar on a section 243 application in favour of the applicant;

“ section 1088 application ” means an application under section 1088 (power to make regulations protecting material) for the purpose of requiring the registrar to make an address on the register unavailable for public inspection;

“ section 1088 beneficiary ” means a person who has made a section 1088 application in respect of which a section 1088 decision has been made;

“ section 1088 decision ” means a determination by the registrar on a section 1088 application under regulation 10(1) or 11(1) in favour of the applicant;

...; and

“ working day ” means a day that is not a Saturday or Sunday, Christmas Day, Good Friday or any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.

Section 2 Permitted disclosure by the registrar to specified public authorities

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Section 3 Permitted disclosure by the registrar to credit reference agencies

(1) Subject to regulation 4, the registrar may disclose protected information to a credit reference agency where the conditions specified in paragraphs 6 to 10 of Schedule 2 are satisfied.

(2) The registrar may rely on a statement delivered to him by a credit reference agency under paragraph 10 of Schedule 2 as sufficient evidence of the matters stated in it.

(3) The registrar may decline to disclose protected information to a credit reference agency where the credit reference agency fails to—

(a) deliver to the registrar—

(i) such information or evidence in addition to the statement required by paragraph 10 of Schedule 2 (disclosure to a credit reference agency) as the registrar may direct;

(ii) the information or evidence referred to in sub-paragraph (i) verified in such manner as the registrar may direct;

(iii) any updated statement requested by the registrar under Part 2 of Schedule 2;

(b) inform the registrar immediately of any change in respect of any statement delivered to the registrar pursuant to Schedule 2 or information or evidence provided for the purpose of enabling the registrar to determine whether to disclose protected information.

Section 4 Registrar to refrain from disclosure of protected information

The registrar shall refrain from disclosing protected information to a credit reference agency if such information relates to a section 243 beneficiary or a section 243 applicant.

Section 5 Application under section 243 by an individual

(1) A section 243 application may be made to the registrar by an individual who is, or proposes to become, a director.

(2) The grounds on which an application under paragraph (1) may be made are that the individual making the application—

(a) reasonably believes that there is a serious risk that he, or a person who lives with him, will be subjected to violence or intimidation as a result of the activities of at least one of—

(i) the companies of which he is, or proposes to become, a director;

(ii) the companies of which he was a director;

(iia) the companies of which that individual is, or proposes to become, a registrable person;

(iib) the companies of which that individual used to be a registrable person;

(iii) the overseas companies of which he is or has been a director, secretary or permanent representative; or,

(iv) the limited liability partnerships of which he is or has been a member; ...

(v) the limited liability partnerships of which that individual proposes to become a member;

(vi) the limited liability partnerships of which that individual is, or proposes to become, a registrable person under Part 21A of the Act as applied to LLPs by the Limited Liability Partnerships (Register of People with Significant Control) Regulations 2016; ...

(vii) the limited liability partnerships of which that individual used to be a registrable person under Part 21A of the Act as applied to LLPs by the Limited Liability Partnerships (Register of People with Significant Control) Regulations 2016;

(viii) the eligible Scottish partnerships in relation to which the applicant is, was, or proposes to become a registrable person under the Scottish Partnerships (Register of People with Significant Control) Regulations 2017 ( S.I. 2017/694 );

(ix) the limited partnerships in relation to which that individual is, was, or proposes to become, a partner;

(x) the limited partnerships in relation to which that individual is, was, or proposes to become, a registered officer of a general partner; or

(xi) the limited partnerships in relation to which that individual is, was, or proposes to become, the named contact of a corporate managing officer of a general partner;

(b) is or has been employed by a relevant organisation or a police force, or is or has been a constable in a police force ; or

(c) is the subject of an application made under regulation 25, 26 or 27 of the 2016 Regulations which has been determined by the registrar in favour of the applicant and that determination has not ceased to have effect under regulation 31 of those Regulations.

(3) The application shall—

(a) contain—

(i) a statement of the grounds on which the application is made;

(ii) the name and any former name of the applicant;

(iii) the date of birth of the applicant;

(iv) the usual residential address of the applicant;

(iva) the e-mail address of the applicant, if any;

(v) where the registrar has allocated a unique identifier to the applicant, that unique identifier;

(vi) the name and registered number of each company of which the applicant is, or proposes to become, a director;

(via) the name and registered number of each company of which the applicant is, or proposes to become, a registrable person;

(vii) where the grounds of the application are those described in paragraph (2)(a)(ii), (iia), (iib), (iii) or (iv) , the name and registered number of the company, overseas company or limited liability partnership; ...

(viii) where the grounds of the application are those described in paragraph (2)(c), the name and registered number of the company in relation to which the determination was made, unless the determination relates to a proposed company which was never incorporated; and

(b) where the grounds of the application are those described in paragraph (2)(a) or (2)(b), be accompanied by evidence which supports the applicant's statement of the grounds on which the application is made.

(4) The registrar may refer to a relevant body any question relating to an assessment of—

(a) where the grounds of the application are those described in paragraph (2)(a), the nature and extent of any risk of violence or intimidation considered by the applicant to arise in relation to himself, or to a person who lives with him; or

(b) where the grounds of the application are those described in paragraph (2)(b), whether the applicant is or has been employed by a relevant organisation or a police force, or is or has been a constable in a police force .

(5) The registrar must determine the application and, within 7 days beginning with the date that the determination is made, send to the applicant notice of the determination.

(6) Where the application is unsuccessful, the notice under paragraph (5) must inform the applicant of the applicant's right to apply for permission to appeal against the determination within 28 days beginning with the date of the notice.

(7) In this regulation—

“ the 1907 Act ” means the Limited Partnerships Act 1907 (c. 24 (7 Edw 7));

“ corporate managing officer ” has the meaning given in section 3(1) of the 1907 Act;

“ eligible Scottish partnership ” has the meaning given in regulation 3(2) of the Scottish Partnerships (Register of People with Significant Control) Regulations 2017;

“ general partner ” has the meaning given in section 3 of the 1907 Act (interpretation of terms);

“ limited partnership ” has the meaning given in section 4 of the 1907 Act (definition and constitution of limited partnership);

“ named contact ” has the meaning given in section 8K(5) of the 1907 Act (duty to maintain registered officer and named contacts);

“ registered officer ” has the meaning given in section 8K(4) of the 1907 Act.

Section 6 Application under section 243 by a company

(1) A company (“ the applicant ”) may make a section 243 application to the registrar relating to an individual (“D”) who is, or proposes to become, a director of the company.

(2) A company may only make an application under paragraph (1) where D has given consent for the company to make the application on D's behalf.

(3) The grounds on which an application under paragraph (1) may be made are that—

(a) the applicant reasonably believes that there is a serious risk that D, or a person who lives with D, will be subjected to violence or intimidation as a result of the applicant's activities; or

(b) D is the subject of an application made under regulation 25, 26 or 27 of the 2016 Regulations which has been determined by the registrar in favour of the applicant and that determination has not ceased to have effect under regulation 31 of those Regulations.

(4) Where the grounds of the application are those described in paragraph (3)(b), the application must only relate to one individual who is, or proposes to become, a director of the company.

(5) The application must contain—

(a) a statement of the grounds on which the application is made;

(b) confirmation that D consents to the making of the application;

(c) the name and registered number of the applicant;

(d) the address of the registered office of the applicant;

(e) the e-mail address of the applicant, if any;

(f) the name and any former name of D;

(g) the date of birth of D;

(h) the usual residential address of D;

(i) the e-mail address of D, if any;

(j) where the registrar has allocated a unique identifier to D, that unique identifier;

(k) where D is a director of another company, the name and registered number of that company; and

(l) where the grounds of the application are those described in paragraph (3)(b), the name and registered number of the company in relation to which the determination was made, unless the determination relates to a proposed company which was never incorporated.

(6) Where the grounds of the application are those described in paragraph (3)(a), the application must be accompanied by evidence which supports the applicant's statement of the grounds on which the application is made.

(7) The registrar may refer to a relevant body any question relating to an assessment of the nature or extent of any risk of violence or intimidation.

(8) The registrar must determine the application and, within 7 days beginning with the date that the determination is made, send to the applicant and to D notice of the determination.

(9) Where the application is unsuccessful, the notice under paragraph (8) must inform the applicant of the applicant's right to apply for permission to appeal against the determination within 28 days beginning with the date of the notice.

Section 7 Application under section 243 by a subscriber to a memorandum of association

(1) A subscriber to a memorandum of association (“ the applicant ”) may make a section 243 application to the registrar relating to an individual (“D”) who proposes to become, on or after the formation of the company to which the memorandum relates, a director of the company.

(2) A subscriber to a memorandum of association may only make an application under paragraph (1) where D has given consent for the subscriber to make the application on D's behalf.

(3) The grounds on which an application under paragraph (1) may be made are that—

(a) the applicant reasonably believes that there is a serious risk that D, or a person who lives D, will be subjected to violence or intimidation as a result of the proposed activities of the proposed company to which the memorandum relates; or

(b) D is the subject of an application made under regulation 25, 26 or 27 of the 2016 Regulations which has been determined by the registrar in favour of the applicant and that determination has not ceased to have effect under regulation 31 of those Regulations.

(4) Where the grounds of the application are those described in paragraph (3)(b), the application must only relate to one individual who proposes to become a director in relation to the proposed company.

(5) The application must contain—

(a) a statement of the grounds on which the application is made;

(b) confirmation that D consents to the making of the application;

(c) the name and any former name of the applicant;

(d) the usual residential address of the applicant;

(e) the e-mail address of the applicant, if any;

(f) the name of the proposed company to which the memorandum relates;

(g) the name and any former name of D;

(h) the date of birth of D;

(i) the usual residential address of D;

(j) the e-mail address of D, if any;

(k) where the registrar has allocated a unique identifier to D, that unique identifier;

(l) where D is a director of another company, the name and registered number of that company; and

(m) where the grounds of the application are those described in paragraph (3)(b), the name and registered number of the company in relation to which the determination was made, unless the determination relates to a proposed company which was never incorporated.

(6) Where the grounds of the application are those described in paragraph (3)(a), the application must be accompanied by evidence which supports the applicant's statement of the grounds on which the application is made.

(7) The registrar may refer to a relevant body any question relating to an assessment of the nature or extent of any risk of violence or intimidation.

(8) The registrar must determine the application and, within 7 days beginning with the date that the determination is made, send to the applicant and to D notice of the determination.

(9) Where the application is unsuccessful, the notice under paragraph (8) must inform the applicant of the applicant's right to apply for permission to appeal against the determination within 28 days beginning with the date of the notice.

Section 8 Matters relating to a section 243 application

(1) For the purpose of regulations 5, 6 and 7 the registrar may direct that additional information or evidence should be delivered to him, what such information or evidence should be and how it should be verified.

(2) The registrar shall not make available for public inspection—

(a) any section 243 application; or

(b) any documents provided in support of that application.

(3) For the purpose of determining any section 243 application the registrar may accept any answer to a question referred in accordance with regulation 5(4), 6(7) or 7(7) as providing sufficient evidence of—

(a) the nature and extent of any risk relevant to—

(i) where the grounds of the application are those described in regulation 5(2)(a), the applicant;

(ii) where the grounds of the application are those described in regulation 6(3)(a) , the directors on behalf of whom the application is made;

(iii) where the grounds of the application are those described in regulation 7(3)(a) , the proposed directors on behalf of whom the application is made,

or to persons who live with any of the above individuals, or

(b) whether an applicant is or has been employed by a relevant organisation or a police force, or is or has been a constable in a police force .

Section 9 Application under section 1088 to make an address unavailable for public inspection by an individual

(1) Where an individual's usual residential address is on the register, that individual may make a section 1088 application in respect of that address.

(1A) An individual may not make an application under paragraph (1)—

(a) in respect of a current address that a company is required to maintain on the register unless the address appears on the register as the current address of that individual, in which case the application may only relate to the address where it appears on the register as such;

(b) that would, if registered, require the registrar to make unavailable for public inspection—

(i) any part of a copy of an order imposing a charge, instrument, deed or debenture, or

(ii) any address, or part thereof, forming part of a description of property or land subject to a charge, released from a charge, or that has ceased to form part of a company’s property or undertaking,

in either case, delivered for the purposes of the charge provisions; or

(c) where registration of that application would require the registrar to make unavailable for public inspection a company’s name or any part of it.

(1B) Where an address in respect of which an individual wishes to make an application under paragraph (1) was the registered office address of a company at the time of its dissolution, an application may not be made in relation to the address where it appears on the register as such until after the expiry of the period of 6 months beginning on the day of that company’s dissolution.

(1C) In this regulation, the “ charge provisions ” means any of the provisions contained in—

(a) Part 25 of the Act (company charges);

(b) Part 12 of the 1985 Act (registration of charges);

(c) Part 13 of the 1986 Order (registration of charges).

(2) The application must contain—

(a) the name and any former name of the applicant;

(aa) the email address of the applicant;

(b) the usual residential address of the applicant that is to be made unavailable for public inspection;

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the name and registered number of each company in respect of which the applicant has indicated in the application that the applicant’s usual residential address was placed on the register;

(e) in respect of each company falling within sub-paragraph (d)—

(i) the name of the document in which that usual residential address appears on the register,

(ii) where that document is a form, the number and title of the form, and

(iii) the registration date of that document;

(f) where the address to which the application relates is a current address for the applicant that the company is required to maintain on the register, the service address which is to replace the usual residential address where it appears on the register as such; and

(g) the date of birth of the applicant .

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 10 Application under section 1088 to make an address unavailable for public inspection by a company

(1) A section 1088 application may be made to the registrar by a company in respect of the addresses of—

(a) all of its members and former members whose addresses were contained in—

(i) an annual return; or

(ii) a return of allotment of shares,

...; or

(b) the subscribers to its memorandum of association , statement of capital and initial shareholdings or statement of guarantee. ...

(2) The grounds on which an application under paragraph (1) may be made are that the company making the application considers that, as a result of its activities, the availability to members of the public of the addresses described in paragraph (1) creates a serious risk that its members or former members or subscribers, or persons who live at those addresses, will be subjected to violence or intimidation.

(3) The application shall—

(a) contain—

(i) the name of the applicant and its registered number; and

(ii) a statement of the grounds on which the application is made; and

(b) be accompanied by evidence—

(i) which supports the applicant's assertion that its application falls within the grounds stated in its application; or

(ii) where the court has made an order under section 117(3) (register of members: response to request for inspection or copy) directing the applicant not to comply with a request under section 116 (rights to inspect and require copies), a copy of that order.

(4) The registrar may refer to a relevant body any question relating to the assessment of the nature and extent of any risk of violence or intimidation considered by the applicant to arise in relation to any of its members or former members or subscribers, or persons who live at the addresses described in paragraph (1), as a result of its activities by virtue of the availability to members of the public of particulars of the addresses of such members or former members or subscribers.

(5) The registrar shall determine the application and send notice of the determination to any address supplied by the applicant within five working days of that determination being made.

Section 11 Application under section 1088 to make an address unavailable for public inspection by a person who registers a charge

(1) A section 1088 application may be made to the registrar by a person who—

(a)

(i) ... registered a charge under Part 12 of the 1985 Act (registration of charges) or Part 13 of the 1986 Order; or

(ii) has registered a charge under Part 25 of the Act (company charges) or under regulations made under section 1052 ; and

(b) is not the company which created the charge or acquired the property subject to a charge,

in respect of his address delivered to the registrar for the purposes of that registration.

(2) The grounds on which an application under paragraph (1) may be made are that the person making the application considers that there is a serious risk that he, or if applicable his employees, or persons who live with him or his employees, will be subjected to violence or intimidation as a result of the activities of the company which is, or was, subject to the charge.

(3) The application shall—

(a) contain—

(i) a statement of the grounds on which the application is made;

(ii) the name of the applicant, and where the applicant is a company, its registered number;

(iii) the address of the applicant that is to be made unavailable for public inspection;

(iv) the name and registered number of the company which is or was subject to the charge;

(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi) where the applicant is the chargee, the service address which is to replace the address of the applicant on the register; and

(b) be accompanied by evidence which supports the applicant's assertion that there is a serious risk that he or, if applicable, his employees, or persons who live with him or his employees, will be subjected to violence or intimidation as a result of the activities of the company which is or was subject to the charge.

(4) The registrar may refer to a relevant body any question relating to the assessment of the nature and extent of any risk of violence or intimidation considered by the applicant to arise in relation to himself or, if applicable, his employees, or persons who live with him or his employees, as a result of the activities of the company which is or was subject to the charge.

(5) The registrar shall determine the application and send notice of the determination to any address supplied by the applicant within five working days of that determination being made.

Section 11A Application under section 1088 to make a usual residential address unavailable for public inspection: other cases

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Section 12 Matters relevant to section 1088 applications

(A1) For the purposes of regulation 9, the registrar may request further information from the applicant for the purposes of enabling the registrar to locate the applicant’s usual residential address on the register where it appears in any document mentioned in regulation 9(2)(e).

(B1) Where the registrar has requested information from the applicant under paragraph (1A), the duties in regulation 13(2) to (4) will not apply to the registrar until the applicant has provided sufficient information to enable the registrar to locate the applicant’s usual residential address.

(1) For the purpose of regulations ... 10 and 11 the registrar may direct that additional information or evidence should be delivered to him, what such information or evidence should be and how it should be verified.

(2) For the purpose of determining any section 1088 application the registrar may accept any answer to a question referred in accordance with regulation ... 10(4) or 11(4) as providing sufficient evidence of—

(a) the nature and extent of any risk relevant to—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) where the grounds of the application are those described in regulation 10(2), the subscribers or members or former members of an applicant; or

(iii) where the grounds of the application are those described in regulation 11(2), where the applicant is an individual, the applicant, or any employees of an applicant,

or to persons who live with any of the above individuals or, in the case of members, former members or subscribers, to persons who live at their addresses, ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 13 Effect of a section 1088 application

(1) Paragraphs (2) to (4) apply in relation to a section 1088 application made under regulation 9.

(2) The registrar must make the specified address unavailable for public inspection in the places on the register where the applicant has indicated, in the application, that it appears.

(3) Where the specified address is a current address for the applicant that the company is required to maintain on the register, the registrar must make the specified address unavailable for public inspection where it appears on the register as such by replacing it with the service address provided by the applicant.

(4) In any other case the registrar must make the specified address unavailable for public inspection by removing all elements of that address, except—

(a) for a United Kingdom address—

(i) the outward code from the postcode, or

(ii) where the address on the register does not include the outward code from the postcode, any information in that address that denotes a geographical area which is equivalent to or larger than the area represented by the outward code of the postcode which applies to that address; and

(b) for an address other than a United Kingdom address, the country or territory and the name of the next principal unit of geographical subdivision for that country or territory (e.g. the state, region, province, county, district, municipality or equivalent) if there is one included in that address as it appears on the register.

(5) Where a section 1088 application has been made under regulation 10(1) and has been determined in favour of the applicant, the registrar must make all of the members’, former members’ or subscribers’ addresses unavailable for public inspection by removing the whole of those addresses.

(6) Where a section 1088 application has been made under regulation 11(1) and has been determined in favour of the applicant, the registrar must make the specified address unavailable for public inspection by removing the whole address and, where the applicant is the chargee, replacing it with the service address provided by the applicant.

(6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In this regulation—

“specified address” means the address specified in the application as being the one to be made unavailable for public inspection; and

“outward code” means the part of a postcode before the internal space but not the number and letters which come after that space.

Section 14 Appeals

(1) An applicant who has received notice under regulation 5(5), 6(8), 7(8) , ... 10(5) or 11(5) that his application has been unsuccessful may appeal to the High Court or, in Scotland, the Court of Session on the grounds that the decision—

(a) is unlawful;

(b) is irrational or unreasonable;

(c) has been made on the basis of a procedural impropriety or otherwise contravenes the rules of natural justice.

(2) No appeal under this regulation may be brought unless the permission of the court has been obtained.

(3) No application for such permission may be made after 28 days beginning with the date of the notice under regulation 5(5), 6(8), 7(8), ... 10(5) or 11(5) unless the court is satisfied that there was good reason for the failure of the applicant to seek permission before the end of that period.

(3A) An applicant who seeks permission to appeal must serve written notice of the application on the registrar within 7 days beginning with the date on which the application for permission was issued.

(4) The court determining an appeal may—

(a) dismiss the appeal; or

(b) quash the decision,

and where the court quashes a decision it may refer the matter to the registrar with a direction to reconsider it and make a determination in accordance with the findings of the court.

Section 15 Duration of a section 243 decision or a section 1088 decision

(1) A section 243 decision shall continue to have effect until—

(a) either—

(i) the section 243 beneficiary, or

(ii) his personal representative,

has notified the registrar in writing that he wishes the section 243 decision to cease to apply; or

(b) the registrar has made a revocation decision in relation to that beneficiary,

whichever first occurs.

(2) A section 1088 decision shall continue to have effect until the registrar has made a revocation decision in relation to the section 1088 beneficiary.

(3) In this regulation—

“ personal representative ” means the executor, original or by representation, or administrator for the time being of a deceased person; and

“ revocation decision ” in relation to a section 243 decision or a section 1088 decision means a determination by the registrar to revoke that decision in accordance with regulation 16.

Section 16 Revocation of a section 243 decision or a section 1088 decision

(1) The registrar may revoke a section 243 decision or a section 1088 decision at any time if he is satisfied that the section 243 beneficiary or section 1088 beneficiary, as the case may be, or any other person, in purported compliance with any provision of these Regulations, is found guilty of an offence under section 1112 (false statements: basic offence) or section 1112A (false statements: aggravated offence) (“a revocation decision”).

(2) If the registrar proposes to make a revocation decision he shall send the beneficiary notice of his intention.

(3) The notice must—

(a) inform the beneficiary that he may, within the period of 28 days beginning with the date of the notice, deliver representations in writing to the registrar; and

(b) state that if representations are not received by the registrar within that period, the revocation decision will be made at the expiry of that period.

(4) If within the period specified in paragraph (3) the beneficiary delivers representations as to why the revocation decision should not be made , the registrar shall have regard to the representations in determining whether to make the revocation decision, and shall, within five working days of making his decision, send notice of it to the beneficiary.

(5) Any communication by the registrar in respect of a revocation decision or proposed revocation decision shall be sent to the beneficiary—

(a) in the case of an individual, to his usual residential address;

(b) in the case of a company, to its registered office; or

(c) in the case of a partnership, to the address specified in its section 1088 application.

(6) In this regulation—

“ partnership ” includes a limited liability partnership;

“ section 243 beneficiary ” includes where the section 243 decision was made following an application under regulation 6 or 7, the applicant.

Section 17 Disclosure by the registrar

The registrar may disclose a usual residential address which has been made unavailable for public inspection pursuant to an application made under regulation 9 to a person specified in section 1029(2) of the Act (application to the court for restoration to the register) if—

(a) that address was the registered office address of a company at the time of its dissolution, and

(b) the registrar is satisfied that the address is necessary for the person to make an application under section 1029(1) in respect of that company.

Section 1

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Section 2

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Section 3

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Section 4

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Section 5

Paragraphs 6 to 10 set out the conditions specified for the disclosure of protected information by the registrar to a credit reference agency.

Section 6

(1) The credit reference agency—

(a) is carrying on in the United Kingdom ... a business comprising the furnishing of information relevant to the financial standing of individuals, being information collected by the agency for that purpose;

(b) maintains appropriate procedures—

(i) to ensure that an independent person can investigate and audit the measures maintained by the agency for the purposes of ensuring the security of any protected information disclosed to that agency; and

(ii) for the purposes of ensuring that it complies with its obligations under the data protection legislation (as defined in section 3 of the Data Protection Act 2018) ;

(c) has not been found guilty of an offence under—

(i) section 1112 (false statements: basic offence) or section 1112A (false statements: aggravated offence) of the Act or section 2 of the Fraud Act 2006 (fraud by false representation);

(ii) section 47 (failure to comply with enforcement notice) of the Data Protection Act 1998 in circumstances where it has used the protected information for purposes other than those described in sub-paragraphs (a) to (e) of paragraph 7 below ; or

(iii) section 144 of the Data Protection Act 2018 (false statements made in response to an information notice) or section 148 of that Act (destroying or falsifying information and documents etc) or section 148C of that Act (false statements made in response to interview notices) ;

(d) has not been given a penalty notice under section 155 of the Data Protection Act 2018 in circumstances described in paragraph (c)(ii), other than a penalty notice that has been cancelled.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 7

The credit reference agency has delivered to the registrar a statement that it intends to use the protected information only for the purposes of—

(a) providing an assessment of the financial standing of a person;

(b) meeting any obligations contained in the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 or any rules made pursuant to section 137A of the Financial Services and Markets Act 2000 which relate to the prevention and detection of money laundering in connection with the carrying on of regulated activities by authorised persons ...;

(c) conducting conflict of interest checks required or made necessary by any enactment;

(d) the provision of protected information to—

(i) a person to whom the registrar could disclose information under section 1110F (disclosure by the registrar) of the Act; or

(ii) a credit reference agency which has satisfied the requirements of this Part of this Schedule; or

(e) conducting checks for the prevention and detection of crime and fraud.

Section 8

The credit reference agency has delivered to the registrar a statement that it intends to take delivery of and to use the protected information only in the United Kingdom ....

Section 9

The credit reference agency has delivered to the registrar a statement that it will, where it supplies a copy of the protected information to a processor for the purpose of processing the information for use in respect of the purposes referred to in paragraph 7—

(a) ensure that the processor is one who carries on business in the United Kingdom ;

(b) require that the information is not transmitted outside the United Kingdom by the processor; and

(c) require that the processor does not disclose the information except to the credit reference agency or an employee of the credit reference agency.

Section 10

The credit reference agency has delivered to the registrar a statement that it meets the conditions in paragraph 6 above.

Section 11

(1) In this Schedule—

“ processor ” means any person who provides a service which consists of putting information into data form or processing information in data form and any reference to a processor includes a reference to his employees; and

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(2) In this Schedule any reference to—

(a) an employee of any person who has access to protected information shall be deemed to include any person working or providing services for the purposes of that person or employed by or on behalf of, or working for, any person who is so working or who is supplying such a service; and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .