The Limited Liability Partnerships (Particulars of Usual Residential Address) (Confidentiality Orders) Regulations 2002

Regulation 1

SCHEDULE 1 Competent Authorities

• the Secretary of State;

• the registrar and the registrar of companies for Northern Ireland;

• an inspector appointed under Part XIV of the Companies Act 1985 or regulation 30 of the Open-Ended Investment Companies Regulations 2001(1);

• any person authorised to exercise powers under section 447 of the Companies Act 1985 or section 84 of the Companies Act 1989(2);

• any person exercising functions conferred by Part VI of the Financial Services and Markets Act 2000(3) or the competent authority under that Part;

• a person appointed to make a report under section 166 of the Financial Services and Markets Act 2000;

• a person appointed to conduct an investigation under section 167 or 168(3) or (5) of the Financial Services and Markets Act 2000;

• an inspector appointed under section 284 of the Financial Services and Markets Act 2000;

• the Department of Enterprise, Trade and Investment in Northern Ireland;

• the Scottish Executive;

• the Scotland Office;

• the National Assembly for Wales;

• the Wales Office (Office of the Secretary of State for Wales);

• the Treasury;

• the Commissioners of HM Customs and Excise;

• the Commissioners of Inland Revenue;

• the Bank of England;

• the Director of Public Prosecutions and the Director of Public Prosecutions in Northern Ireland;

• the Serious Fraud Office;

• the Secret Intelligence Service;

• the Security Service;

• the Financial Services Authority;

• the Competition Commission;

• the Occupational Pensions Regulatory Authority;

• the Panel on Takeovers and Mergers;

• the Chief Registrar of Friendly Societies and the Registrar for Credit Unions and Industrial and Provident Societies for Northern Ireland;

• the Director General of Fair Trading;

• the Office of the Information Commissioner;

• the Friendly Societies Commission;

• a local weights and measures authority;

• the Charity Commission;

• an official receiver appointed under section 399 of the Insolvency Act 1986(4);

• a person acting as an insolvency practitioner within the meaning of section 388 of the Insolvency Act 1986;

• an inspector appointed under Part XV of the Companies (Northern Ireland) Order 1986(5) or Regulation 22 of the Open-Ended Investment Companies (Companies with Variable Capital) Regulations (Northern Ireland) 1997(6);

• any person authorised to exercise powers under Article 440 of the Companies (Northern Ireland) Order 1986;

• the Official Receiver for Northern Ireland;

• a police force;

• any procurator fiscal;

• an overseas regulatory authority within the meaning of section 82 of the Companies Act 1989.

Regulation 15

SCHEDULE 2

1.  In section 2 of the 2000 Act, insert after subsection (2)—

“(2A) Where a confidentiality order, made under section 723B of the Companies Act 1985 as applied to a limited liability partnerships, is in force in respect of any individual named as a member of a limited liability partnership under subsection (2) that subsection shall have effect as if the reference to the address of the individual were a reference to the address for the time being notified by him under the Limited Liability Partnerships (Particulars of Usual Residential Address) (Confidentiality Orders) Regulations 2002 to any limited liability partnership of which he is a member or if he is not such a member either the address specified in his application for a confidentiality order or the address last notified by him under such a confidentiality order as the case may be.

(2B) Where the incorporation document or a copy of such delivered under this section includes an address specified in reliance on subsection (2A) there shall be delivered with it or the copy of it a statement in a form approved by the registrar containing particulars of the usual residential address of the member whose address is so specified.”

2.  After section 288 of the 1985 Act, insert—

• “288A If an individual in respect of whom a confidentiality order under section 723B as applied to limited liability partnerships becomes a member of a limited liability partnership—

  (a)

  the notice to be delivered to the registrar under section 9(1) of the Limited Liability Partnerships Act 2000 shall contain the address for the time being notified by the member to the limited liability partnership under the Limited Liability Partnerships (Particulars of Usual Residential Address) (Confidentiality Orders) Regulations 2002 but shall not contain his usual residential address; and

  (b)

  with that notice the limited liability partnership shall deliver to the registrar a notice in the prescribed form containing the usual residential address of that member.”

3.  After section 9(3) of the 2000 Act, insert—

“(3A) Where a confidentiality order under section 723B of the Companies Act 1985 as applied to limited liability partnerships is made in respect of an existing member, the limited liability partnership must ensure that there is delivered within 28 days to the registrar notice in a form approved by the registrar containing the address for the time being notified to it by the member under the Limited Liability Partnerships (Particulars of Usual Residential Address) (Confidentiality Orders) Regulations 2002.

(3B) Where such a confidentiality order is in force in respect of a member the requirement in subsection (1)(b) to notify a change in the address of a member shall be read in relation to that member as a requirement to deliver to the registrar, within 28 days, notice of—

(a) any change in the usual residential address of that member; and

(b) any change in the address for the time being notified to the limited liability partnership by the member under the Limited Liability Partnerships (Particulars of Usual Residential Address) (Confidentiality Orders) Regulations 2002,

and the registrar may approve different forms for the notification of each kind of address.”

(1)

S.I. 2001/1228.

(2)

1989 c. 40.

(3)

2000 c. 8.

(4)

1986 c. 45.

(5)

1986/1032 (N.I. 6).

(6)

S.R.N.I. 1997/251.