The Economic Crime and Corporate Transparency Act 2023 (Consequential, Supplementary and Incidental Provisions) Regulations 2024

European Economic Interest Grouping Regulations 1989

1.  Schedule 4 (provisions of Companies Acts applying to UKEIGs and EEIG establishments) to the European Economic Interest Grouping Regulations 1989(1) is amended as follows—

(a) for paragraph 31 substitute—

“31.   In section 1084(2) (records relating to companies that have been dissolved etc) subsections (1) to (3).”;

(b) for paragraph 32 substitute—

“32.   In section 1087(3) (material not available for public inspection)—

(a) subsection (1)(a), (d), (da) and (f), and

(b) subsections (2) and (3), so far as relating to material falling within paragraph (a), (d), (da) or (f) of subsection (1).”;

(c) for paragraph 32A substitute—

“32A.— (1) Sections 1087A (protection of date of birth information), 1087B(1) and (2) (protection of date of birth information in old documents) and 1087C (disclosure of date of birth information)(4).

(2) For the purposes of sub-paragraph (1), section 243(5) will apply in so far as necessary for the application of section 1087C.”;

(d) for paragraph 34 substitute—

“34.   Section 1090(6) (power to determine form and manner in which copies to be provided), as if the reference to copies being provided under section 1086(7) were a reference to copies and extracts being provided under regulation 14(b).”;

(e) for paragraph 35 substitute—

“35.   Section 1091(8) (certification of copies as accurate), as if—

(a) any reference in that section to copies were a reference to copies or extracts,

(b) any reference to section 1086 were a reference to regulation 14(b),

(c) subsection (4) were omitted.”;

(f) for paragraph 36 substitute—

“36.   Section 1094(9) (removal of material from the register), as if it reads as follows—

“1094.    Removal of material from the register

(1) The registrar may remove from the register anything that appears to the registrar to be—

(a) a document, or material derived from a document, accepted under section 1073 (power to accept documents not meeting requirements for proper delivery), or

(b) unnecessary material as defined by section 1074.

(2) The power to remove material from the register under this section may be exercised—

(a) on the registrar’s own motion, or

(b) on an application made in accordance with regulations under section 1094A(2).

(3) The registrar may exercise the power to remove from the register anything the registration of which had legal consequences only if satisfied that the interest of the UKEIG or EEIG establishment, or (if different) the applicant, in removing the material outweighs any interest of other persons in the material continuing to appear on the register.

(4) The Secretary of State may by regulations provide that the registrar’s power to remove material from the register under this section following an application is limited to material of a description specified in the regulations.

(5) Regulations under this section are subject to the negative resolution procedure.”;”;

(g) after paragraph 36 insert—

“36A.   Section 1094A(10) (further provision about removal of material from the register).”;

(h) after paragraph 36A insert—

“36B.   Section 1094B(11) (power of court to make consequential orders following removal).”;

(i) for paragraph 37 substitute—

“37.   Sections 1112 (false statements: basic offence) and 1112A (false statements: aggravated offence)(12).”;

(j) for paragraph 38 substitute—

“38.   Section 1117 (registrar's rules), so far as relating to sections 1066(2), 1089(1) and 1090.”.

(1)

S.I. 1989/638. Schedule 4 was amended by S.I. 2008/948, 2009/2399, 2015/1695 and 2018/1299.

(2)

Section 1084 was amended by section 82(2) of the Economic Crime and Corporate Transparency Act 2023.

(3)

Section 1087 was amended by sections 52(2) and 85(4) of the Economic Crime and Corporate Transparency Act 2023. Other amendments have been made which are not relevant.

(4)

Sections 1087A and 1087B were substituted, and 1087C was inserted, by section 52(3) of the Economic Crime and Corporate Transparency Act 2023.

(5)

Section 243 was amended by sections 94(2) and (6) and 97 of the Economic Crime and Corporate Transparency Act 2023.

(6)

Section 1090 was amended by section 89(4) of the Economic Crime and Corporate Transparency Act 2023.

(7)

Section 1086 was amended by section 89(2) of the Economic Crime and Corporate Transparency Act 2023.

(8)

Section 1091 was amended by section 89(5) of the Economic Crime and Corporate Transparency Act 2023.

(9)

Section 1094 was substituted by section 85(2) of the Economic Crime and Corporate Transparency Act 2023.

(10)

Section 1094A was inserted by section 85(2) of the Economic Crime and Corporate Transparency Act 2023.

(11)

Section 1094B was inserted by section 85(2) of the Economic Crime and Corporate Transparency Act 2023.

(12)

Sections 1112 and 1112A were, respectively, substituted and inserted by section 102(3) of the Economic Crime and Corporate Transparency Act 2023.