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The Register of People with Significant Control Regulations 2016

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Register of People with Significant Control Regulations 2016 No. 339

  1. Introductory Text

  2. PART 1

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2

    1. 3.Companies to which Part 21A of the Act does not apply

    2. 4.Legal entities which are subject to their own disclosure requirements

    3. 5.Modification for persons covered by section 790C(12) of the Act

    4. 6.Fee for a copy of a company’s PSC register

  4. PART 3

    1. 7.Particulars required as to nature of control

    2. 8.Characteristics of a foreign limited partner

  5. PART 4

    1. 9.Additional matters to be noted in a PSC register

    2. 10.Additional matters where there is no registrable person or registrable relevant legal entity

    3. 11.Additional matters where there is an unidentified registrable person

    4. 12.Additional matters where an identified registrable person’s particulars are not confirmed

    5. 13.Additional matters where a company’s investigations are ongoing

    6. 14.Additional matters where there is a failure to comply with a notice given under section 790D of the Act

    7. 15.Additional matters where there is a failure to comply with a notice given under section 790E of the Act

    8. 16.Additional matters where a notice given under section 790D or section 790E of the Act is complied with after the time specified in the notice

    9. 17.Additional matters where a company has issued a restrictions notice

  6. PART 5

    1. 18.Content of a warning notice

    2. 19.Content of a restrictions notice

    3. 20.Failure to comply with a section 790D or 790E notice: valid reason

    4. 21.Withdrawal of a restrictions notice

  7. PART 6

    1. 22.Permitted disclosure of usual residential address information by the registrar to specified public authorities

    2. 23.Permitted disclosure of usual residential address information by the registrar to credit reference agencies

    3. 24.Circumstances where the registrar must refrain from disclosure of usual residential address information

    4. 25.Application by an individual requiring the registrar to refrain from disclosing that individual’s usual residential address information to a credit reference agency

    5. 26.Application by a company requiring the registrar to refrain from disclosing an individual’s usual residential address information to a credit reference agency

    6. 27.Application by a subscriber to a memorandum of association requiring the registrar to refrain from disclosing an individual’s usual residential address information to a credit reference agency

    7. 28.Matters relating to an application made under regulation 25, 26 or 27

    8. 29.Withdrawal of an application made under regulation 25, 26 or 27

    9. 30.Appealing against a determination made under regulation 25, 26 or 27

    10. 31.Duration of a determination made under regulation 25, 26 or 27

    11. 32.Revocation of a determination made under regulation 25, 26 or 27

  8. PART 7

    1. 33.Circumstances where the registrar must omit secured information from material on the register available for public inspection

    2. 34.Circumstances where the registrar must not use or disclose secured information

    3. 35.Fee payable for the disclosure by the registrar of secured information

    4. 36.Application by an individual requiring the registrar to refrain from using or disclosing that individual’s secured information

    5. 37.Application by a company requiring the registrar to refrain from using or disclosing an individual’s secured information

    6. 38.Application by a subscriber to a memorandum of association requiring the registrar to refrain from using or disclosing an individual’s secured information

    7. 39.Matters relating to an application made under regulation 36, 37 or 38

    8. 40.Withdrawal of an application made under regulation 36, 37 or 38

    9. 41.Appealing against an unsuccessful application made under regulation 36, 37 or 38

    10. 42.Unsuccessful determination made under regulation 36, 37 or 38

    11. 43.Duration of a determination under regulation 36, 37 or 38

    12. 44.Revocation of a determination under regulation 36(5), 37(5) or 38(5)

    13. 45.Protection by a company of secured information

  9. PART 8

    1. 46.Transitional provision regarding the protection of secured information

    2. 47.Transitional provision for the purpose of section 790K

    3. 48.Amendments to the 2009 Regulations

    4. 49.Review

  10. Signature

    1. SCHEDULE 1

      LIST OF MARKETS

    2. SCHEDULE 2

      PARTICULARS REQUIRED AS TO NATURE OF CONTROL

      1. PART 1 First Condition

        1. 1.A statement that the person holds, directly or indirectly, more...

        2. 2.A statement that the person holds, directly or indirectly, more...

        3. 3.A statement that the person holds, directly or indirectly, 75%...

      2. PART 2 Second Condition

        1. 4.A statement that the person holds, directly or indirectly, more...

        2. 5.A statement that the person holds, directly or indirectly, more...

        3. 6.A statement that the person holds, directly or indirectly, 75%...

      3. PART 3 Third Condition

        1. 7.A statement that the person holds the right, directly or...

      4. PART 4 Fourth Condition

        1. 8.A statement that the person has the right to exercise,...

      5. PART 5 Fifth Condition and Trusts

        1. 9.A statement that— (a) the person has the right to...

        2. 10.A statement that— (a) the person has the right to...

        3. 11.A statement that— (a) the person has the right to...

        4. 12.A statement that— (a) the person has the right to...

        5. 13.A statement that— (a) the person has the right to...

        6. 14.A statement that— (a) the person has the right to...

        7. 15.A statement that— (a) the person has the right to...

        8. 16.A statement that— (a) the person has the right to...

      6. PART 6 Fifth Condition and Firms

        1. 17.A statement that— (a) the person has the right to...

        2. 18.A statement that— (a) the person has the right to...

        3. 19.A statement that— (a) the person has the right to...

        4. 20.A statement that— (a) the person has the right to...

        5. 21.A statement that— (a) the person has the right to...

        6. 22.A statement that— (a) the person has the right to...

        7. 23.A statement that— (a) the person has the right to...

        8. 24.A statement that— (a) the person has the right to...

      7. PART 7 Interpretation of Schedule 2

        1. 25.In relation to a company that does not have a...

    3. SCHEDULE 3

      SPECIFIED PUBLIC AUTHORITES

    4. SCHEDULE 4

      CONDITIONS FOR PERMITTED DISCLOSURE

      1. PART 1 Disclosure to Specified Public Authorities

        1. 1.The specified public authority has delivered to the registrar a...

        2. 2.Subject to paragraph 3, the specified public authority has delivered...

        3. 3.Paragraph 2 does not apply where the specified public authority...

        4. 4.The specified public authority has delivered any information or evidence...

        5. 5.The specified public authority has complied with any requirement by...

      2. PART 2 Disclosure to a Credit Reference Agency

        1. 6.The credit reference agency— (a) is carrying on in the...

        2. 7.The credit reference agency has delivered to the registrar a...

        3. 8.The credit reference agency has delivered to the registrar a...

        4. 9.The credit reference agency has delivered to the registrar a...

        5. 10.The credit reference agency has delivered to the registrar a...

        6. 11.The credit reference agency has delivered any information or evidence...

        7. 12.The credit reference agency has complied with any requirement by...

      3. PART 3 Interpretation of this Schedule

        1. 13.In this Schedule— (a) “processor” means any person who provides...

    5. SCHEDULE 5

      AMENDMENTS TO THE 2009 REGULATIONS

      1. 1.The 2009 Regulations are amended as follows.

      2. 2.In regulation 1(2) (citation, commencement and interpretation), insert the following...

      3. 3.(1) Regulation 5 (application under section 243 by an individual)...

      4. 4.For regulations 6 and 7 substitute— Application under section 243...

      5. 5.(1) Regulation 8 (matters relating to a section 243 application)...

      6. 6.(1) Regulation 9 (application under section 1088 to make an...

      7. 7.(1) Regulation 14 (appeals) is amended as follows.

      8. 8.InSchedule 1 (Specified Public Authorities)— (a) after “the Treasury;” insert...

      9. 9.In paragraph 4 of Part 1 of Schedule 2 (Conditions...

  11. Explanatory Note

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