PART 9Administration of the scheme
The Registry
68.—(1) The administrator must establish and operate an electronic system (“the Registry”) and Schedule 7 has effect.
(2) Communications between—
(a)the administrator;
(b)a participant; and
(c)a third party account holder,
must, so far as possible, take place using the Registry.
(3) The administrator—
(a)must take reasonable steps to ensure the Registry is available to those entitled to use it during each working day; and
(b)may make it available at such other times as the administrator believes reasonable.
(4) The administrator may establish administrative rules in relation to the operation of the Registry.
Security of the Registry
69. The administrator—
(a)must take reasonable steps to ensure that the operation of the Registry is secure from misuse, including use by those not entitled to use it;
(b)may suspend the operation of the Registry or any account where it believes security of the Registry may be at risk by not doing so;
(c)must ensure that information which relates to an account holder or a participant (other than information to which article 78 or 80 applies) is not accessible by another account holder or participant whilst using the Registry.
Security and identities
70.—(1) A participant must not allow an individual to operate its compliance account on its behalf unless the administrator has notified it that it is satisfied as to the identity of that individual.
(2) The administrator must take reasonable steps to check the identity of—
(a)any such individual; and
(b)the intended account holder of the compliance account.
(3) The administrator may determine(1)—
(a)to prevent or suspend any individual from operating a compliance account where it has reason to believe that evidence of the individual’s identity may be incorrect or incomplete;
(b)to refuse to open a compliance account where the administrator has not been able to satisfy itself of the identity of—
(i)an individual whom the participant intends will operate that account on its behalf; or
(ii)the intended account holder of that account,
and the administrator has given the participant a reasonable opportunity to provide suitable and up to date evidence of such identity.
Preventing or suspending use of the Registry
71.—(1) The administrator may suspend or restrict a participant’s use of the Registry if that participant or any individual acting on its behalf—
(a)is in breach of this Order or any administrative rules concerning the operation of the Registry; or
(b)in the belief of the administrator, is using or intends to use the Registry for or in connection with a criminal offence.
(2) The administrator must give notice to the participant of such suspension or restriction except in relation to the registration of an applicant or where paragraph (1)(b) applies.
Cancellation of registrations of participants
72.—(1) Subject to paragraphs (2) and (3), the administrator must cancel the registration of a participant where the administrator is satisfied that a participant no longer carries on a scheme activity.
(2) The administrator must give a participant notice that it intends to cancel its registration and unless the participant agrees otherwise, the registration must not be cancelled earlier than 3 months after the date of the notice.
(3) Cancellation of the registration of a participant must be made by removing the participant from the list of participants held by the administrator and notice that the cancellation has been made must be given in writing to the former participant as soon as possible.
(4) Where the registration of a participant is cancelled, the compliance account must be closed and any allowances held in the account immediately prior to its closure must be cancelled by the administrator.
(5) The administrator is not required to cancel a registration until such time as the administrator is satisfied that the participant has complied with any outstanding requirement under this Order applicable to that participant.
(6) Where cancellation of a registration is required under section 2 of Part 3 of Schedule 6, the administrator must comply with paragraphs (3) and (4).
Account holders
73.—(1) The account holder in respect of the compliance account for a group of undertakings is, as the applicant or participant chooses—
(a)the highest parent undertaking of the group; or
(b)a member of the group,
with its principal place of activity in the United Kingdom.
(2) Where no undertaking exists as provided under paragraph (1), the highest parent undertaking of the group must appoint a representative with a principal place of activity in the United Kingdom as the account holder.
(3) Where a participant is a group of undertakings and it intends to change the account holder—
(a)the participant must notify the administrator of the intended new account holder;
(b)that account holder must be an undertaking which complies with paragraph (1) or, as appropriate, paragraph (2); and
(c)the administrator must approve the change.
(4) Where a group of public bodies includes the following—
(a)a government department;
(b)the Scottish Ministers;
(c)the Welsh Assembly Government;
(d)a Northern Ireland Department;
(e)a local authority;
(f)a university,
subject to paragraph (5), the account holder in respect of the compliance account is that body.
(5) Where—
(a)a body listed in paragraph (4) is part of more than one group; or
(b)a public body other than one listed in paragraph (4) is a participant,
the account holder in respect of the compliance account is such body as the administrator agrees.
Determinations
74.—(1) This article applies in respect of a determination by the administrator under—
(a)article 18(1), 28(1), 39(3), 47(3), 70(3) or 86(5); or
(b)paragraph 8 of Part 3 of Schedule 6.
(2) A determination must be made in writing by the administrator and, within 10 days of making the determination, notified to such persons as the administrator decides may be affected by it.
Such a determination must be made in accordance with article 74(2).