Companies Act 2006

The registrar U.K.

1060 The registrar U.K.

(1) There shall continue to be—

(a) a registrar of companies for England and Wales,

(b) a registrar of companies for Scotland, and

(c) a registrar of companies for Northern Ireland.

(2) The registrars shall be appointed by the Secretary of State.

(3) In the Companies Acts“the registrar of companies” and “the registrar” mean the registrar of companies for England and Wales, Scotland or Northern Ireland, as the case may require.

(4) References in the Companies Acts to registration in a particular part of the United Kingdom are to registration by the registrar for that part of the United Kingdom.

Modifications etc. (not altering text)

C1 S. 1060(1)(2) applied (1.10.2009) by The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804), regs. 2, 60, 83, Sch. 1 para. 27

C2 S. 1060(1)(2) applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 17(2)(a) (with transitional provisions and savings in regs. 7, 9, Sch. 2)

Commencement Information

I1 S. 1060 wholly in force at 1.10.2009; s. 1060 not in force at Royal Assent, see s. 1300; s. 1060 in force for specified purposes at 6.4.2007 by S.I. 2006/3428, art. 4(3)(a) (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5); s. 1060 in force otherwise at 1.10.2009 by S.I. 2008/2860, art. 3(r) (with arts. 5, 7, 8, Sch. 2) (as amended by S.I. 2009/1802, art. 18)

1061 The registrar's functions U.K.

(1) The registrar shall continue—

[F1 (a) to perform the functions conferred on the registrar by or under the Companies Acts or any other enactment, and]

(b) to perform such functions on behalf of the Secretary of State, in relation to the registration of companies or other matters, as the Secretary of State may from time to time direct.

(2) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) References in this Act to the functions of the registrar are to functions within subsection (1)(a) or (b).

Textual Amendments

F1 S. 1061(1)(a) substituted (1.10.2009) by The Companies Act 2006 (Part 35) (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1802), art. 4(a)

F2 S. 1061(2) omitted (1.10.2009) by virtue of The Companies Act 2006 (Part 35) (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1802), art. 4(b)

Modifications etc. (not altering text)

C3 Ss. 1061-1063 applied (1.10.2009) by The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804), regs. 2, 60, 83, Sch. 1 para. 27

C4 Ss. 1061-1063 applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 17(2)(a) (with transitional provisions and savings in regs. 7, 9, Sch. 2)

Commencement Information

I2 S. 1061 wholly in force at 1.10.2009; s. 1061 not in force at Royal Assent, see s. 1300; s. 1061 in force for specified purposes at 6.4.2007 by S.I. 2006/3428, art. 4(3)(b) (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5); s. 1061 in force otherwise at 1.10.2009 by S.I. 2008/2860, art. 3(r) (with arts. 5, 7, 8, Sch. 2) (as amended by S.I. 2009/1802, art. 18)

1062 The registrar's official seal U.K.

The registrar shall have an official seal for the authentication of documents in connection with the performance of the registrar's functions.

Modifications etc. (not altering text)

C5 Ss. 1061-1063 applied (1.10.2009) by The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804), regs. 2, 60, 83, Sch. 1 para. 27

C6 Ss. 1061-1063 applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 17(2)(a) (with transitional provisions and savings in regs. 7, 9, Sch. 2)

[F3 1062A Analysis of information for the purposes of crime prevention or detection U.K.

(1) The registrar must carry out such analysis of information within the registrar’s possession as the registrar considers appropriate for the purposes of preventing or detecting crime.

(2) See also section 1110F (which, among other things, allows the registrar to disclose information to other public authorities).]

Textual Amendments

F3 S. 1062A inserted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 92, 219(1)(2)(b)

1063 Fees payable to registrar U.K.

(1) The Secretary of State may make provision by regulations requiring the payment to the registrar of fees in respect of—

(a) the performance of any of the registrar's functions, or

(b) the provision by the registrar of services or facilities for purposes incidental to, or otherwise connected with, the performance of any of the registrar's functions.

(2) The matters for which fees may be charged include—

(a) the performance of a duty imposed on the registrar or the Secretary of State,

(b) the receipt of documents delivered to the registrar, and

(c) the inspection, or provision of copies, of documents kept by the registrar.

(3) The regulations may—

(a) provide for the amount of the fees to be fixed by or determined under the regulations;

(b) provide for different fees to be payable in respect of the same matter in different circumstances;

(c) specify the person by whom any fee payable under the regulations is to be paid;

(d) specify when and how fees are to be paid.

[F4 (3A) In deciding what provision to make under subsection (3)(a), the Secretary of State may take into account any costs incurred or likely to be incurred by any person for the purposes of the carrying out of—

(a) any function of the Secretary of State under or in connection with—

• the Limited Partnerships Act 1907;

• Part 14 of the Companies Act 1985;

• the Company Directors Disqualification Act 1986;

• the Limited Liability Partnerships Act 2000;

• Part 1 of the Economic Crime (Transparency and Enforcement) Act 2022;

• this Act;

(b) any function of a Northern Ireland department under or in connection with the Company Directors Disqualification (Northern Ireland) Order 2002 (S.I. 2002/3150 (N.I. 4));

(c) any function of the Secretary of State under or in connection with regulations under section 1 of the Sanctions and Anti-Money Laundering Act 2018 that make provision in connection with licences of the kind mentioned in section 15(3A) of that Act;

(d) any function of the Secretary of State under or in connection with the Insolvency Act 1986, so far as relating to bodies corporate or other firms;

(e) any function of a Northern Ireland department under or in connection with the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), so far as relating to bodies corporate or other firms;

(f) any function carried out by the Insolvency Service on behalf of the Secretary of State in connection with the detection, investigation or prosecution of offences, or the recovery of the proceeds of crime, so far as relating to bodies corporate or other firms;

(g) any function carried out by the Insolvency Service in Northern Ireland on behalf of a Northern Ireland department in connection with the detection, investigation or prosecution of offences, or the recovery of the proceeds of crime, so far as relating to bodies corporate or other firms.]

(4) Regulations under [F5 this section] [F5 subsection (1)] are subject to negative resolution procedure.

(5) In respect of the performance of functions or the provision of services or facilities—

(a) for which fees are not provided for by regulations, or

(b) in circumstances other than those for which fees are provided for by regulations,

the registrar may determine from time to time what fees (if any) are chargeable.

(6) Fees received by the registrar are to be paid into the Consolidated Fund.

[F6 (6A) The Secretary of State may by regulations amend—

(a) the reference in subsection (3A)(f) to functions carried out by the Insolvency Service on behalf of the Secretary of State, so long as the functions referred to are functions of the Secretary of State that are of a similar nature;

(b) the reference in subsection (3A)(g) to functions carried out by the Insolvency Service in Northern Ireland on behalf of a Northern Ireland department, so long as the functions referred to are functions of a Northern Ireland department that are of a similar nature.

(6B) Regulations under subsection (6A) are subject to affirmative resolution procedure.]

(7) The Limited Partnerships Act 1907 (c. 24) is amended as follows—

(a) in section 16(1) (inspection of statements registered)—

(i) omit the words “, and there shall be paid for such inspection such fees as may be appointed by the Board of Trade, not exceeding 5p for each inspection”, and

(ii) omit the words from “and there shall be paid for such certificate” to the end;

(b) in section 17 (power to make rules)—

(i) omit the words “(but as to fees with the concurrence of the Treasury)”, and

(ii) omit paragraph (a).

Textual Amendments

F4 S. 1063(3A) inserted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 93(2), 219(1)(2)(b)

F5 Words in s. 1063(4) substituted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 93(3), 219(1)(2)(b)

F6 S. 1063(6A)(6B) inserted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 93(4), 219(1)(2)(b)

Modifications etc. (not altering text)

C7 S. 1063 applied (15.12.2007) by The Companies (Cross-Border Mergers) Regulations (S.I. 2007/2974), {reg. 4(2)}

C8 Ss. 1061-1063 applied (1.10.2009) by The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804), regs. 2, 60, 83, Sch. 1 para. 27

C9 Ss. 1061-1063 applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 17(2)(a) (with transitional provisions and savings in regs. 7, 9, Sch. 2)

Commencement Information

I3 S. 1063 wholly in force at 1.10.2009; s. 1063 not in force at Royal Assent, see s. 1300; s. 1063 in force for specified purposes at 20.1.2007 and wholly in force for E.W.S. at 6.4.2007 by S.I. 2006/3428, arts. 3(3), 4(1)(a)(4) (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5 para. 6); s. 1063 in force at 1.10.2009 insofar as not already in force by S.I. 2008/2860, art. 3(r) (with arts 5, 7, 8, Sch. 2) (as amended by S.I. 2009/1802, art. 18)