The Scottish Partnerships (Register of People with Significant Control) Regulations 2017

  1. Introductory Text

  2. PART 1 General Introductory Provisions

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Key terms

  3. PART 2 Amendment of registration requirement for Scottish Limited Partnerships

    1. 4.Amendment of the Limited Partnerships Act 1907

  4. PART 3 Registration of Scottish qualifying partnerships

    1. 5.Duty on Scottish qualifying partnerships to register

    2. 6.Registration information

    3. 7.Notification of changes to the registration information

    4. 8.Effect of a partnership ceasing to be a Scottish qualifying partnership

    5. 9.Offences in relation to registration

  5. PART 4 Information duties

    1. 10.Duty to investigate and obtain information

    2. 11.Duty to keep information up to date

    3. 12.Failure by an eligible Scottish partnership to comply with information duties

    4. 13.Duty on others to supply information

    5. 14.Duty on others to update information

    6. 15.Enforcement of disclosure requirements

    7. 16.Power to make exemptions

    8. 17.Required particulars

    9. 18.Nature of control over an eligible Scottish partnership

  6. PART 5 Duties to deliver information to the registrar

    1. 19.Duty to deliver information to the registrar

    2. 20.Duty to deliver information about a relevant change

    3. 21.Meaning of “confirmed”

    4. 22.Usual residential address

    5. 23.Additional matters to be notified to the registrar where there is no registrable person or registrable relevant legal entity

    6. 24.Additional matters where there is an unidentified registrable person

    7. 25.Additional matters where an identified registrable person’s particulars are not confirmed

    8. 26.Additional matters where investigations by an eligible Scottish partnership are ongoing

    9. 27.Additional matters where there is a failure to comply with a notice given under regulation 10

    10. 28.Additional matters where there is a failure to comply with a notice given under regulation 11

    11. 29.Additional matters where a notice given under regulation 10 or 11 is complied with after the time specified in the notice

    12. 30.Additional matters where an eligible Scottish partnership has issued a restrictions notice

    13. 31.End-dating of additional matters

    14. 32.Offences in relation to this Part

    15. 33.Information as to the state of the register

    16. 34.Power of court to order an eligible Scottish partnership to remedy default or delay

  7. PART 6 Confirmation statement

    1. 35.Duty to deliver a confirmation statement

    2. 36.Meaning of “confirmation period” and “confirmation date”

    3. 37.Review period

    4. 38.Failure to deliver a confirmation statement

  8. PART 7 The protection of usual residential address information

    1. 39.Information as to usual residential address

    2. 40.Restriction on use or disclosure of URA information by an eligible Scottish partnership

    3. 41.Restriction on use or disclosure of URA information by the registrar

    4. 42.Permitted use or disclosure by the registrar

    5. 43.Disclosure under court order

  9. PART 8 The protection of secured information

    1. 44.Circumstances in which the registrar must omit secured information from material on the register available for public inspection

    2. 45.Circumstances in which the registrar must not use or disclose secured information

    3. 46.Fee payable for the disclosure by the registrar of secured information to a specified public authority

    4. 47.Fee payable for the disclosure by the registrar of secured information to a credit institution or a financial institution

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

    6. 49.Application by an eligible Scottish partnership requiring the registrar to refrain from using or disclosing an individual’s secured information

    7. 50.Application by a prospective partner in a prospective eligible Scottish partnership requiring the registrar to refrain from using or disclosing an individual’s secured information

    8. 51.Matters relating to an application made under regulation 48, 49 or 50

    9. 52.Withdrawal of an application made under regulation 48, 49 or 50

    10. 53.Appeal against an unsuccessful application made under regulation 48, 49 or 50

    11. 54.Unsuccessful determination made under regulation 48, 49 or 50

    12. 55.Duration of a determination under regulation 48, 49 or 50

    13. 56.Revocation of a determination under regulation 48(5), 49(5) or 50(5)

    14. 57.Protection by an eligible Scottish partnership of secured information

  10. PART 9 Application of the Companies Act 2006

    1. 58.Application of Part 35 of the Companies Act 2006

    2. 59.Section 1081 (annotation of the register) of the Companies Act...

    3. 60.The following provisions of the Companies Act 2006 apply to...

    4. 61.Section 1087 (material not available for public inspection) of the...

    5. 62.Section 1087A of the Companies Act 2006 applies in relation...

    6. 63.Section 1087B applies in relation to information delivered to the...

    7. 64.Section 1088 (application to registrar to make address unavailable for...

    8. 65.Section 1089 (form of application for inspection or copy) of...

    9. 66.Section 1090 (form and manner in which copies to be...

    10. 67.Section 1091 (certification of copies as accurate) of the Companies...

    11. 68.Section 1103 (documents to be drawn up and delivered in...

    12. 69.Section 1112 (general false statement offence) of the Companies Act...

    13. 70.Application of Part 36 of the Companies Act 2006

    14. 71.Section 1127 (summary proceedings: venue) of the Companies Act 2006...

    15. 72.Section 1128 (summary proceedings: time limit for proceedings) of the...

    16. 73.Section 1129 (legal professional privilege) of the Companies Act 2006...

    17. 74.Section 1132 (production and inspection of documents where offence suspected)...

    18. 75.Application of Part 37 of the Companies Act 2006

    19. 76.Section 1157 (power of court to grant relief in certain...

    20. 77.Interpretation of this Part

  11. PART 10 Consequential amendments, transitional provision, and review

    1. 78.Consequential amendment to the Companies Act 2006

    2. 79.Consequential amendment to the Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009

    3. 80.Transitional provision in relation to regulations 78 and 79

    4. 81.Consequential amendment to the Limited Partnerships (Forms) Rules 2009

    5. 82.Protection for registrable persons applying for protection of secured information

    6. 83.Review

  12. Signature

    1. SCHEDULE 1

      References to people with significant control over an eligible Scottish partnership

      1. PART 1 The specified conditions

        1. 1.Introduction

        2. 2.Ownership of right to surplus assets on a winding up

        3. 3.Ownership of voting rights

        4. 4.Ownership of right to appoint or remove the persons entitled to manage the eligible Scottish partnership

        5. 5.Significant influence or control

        6. 6.Trusts, partnerships etc.

      2. PART 2 Holding an interest in an eligible Scottish partnership etc.

        1. 7.Introduction

        2. 8.Holding an interest

        3. 9.Interests held through a legal entity

      3. PART 3 Interpretation of Schedule 1

        1. 10.Introduction

        2. 11.Joint interests and joint arrangements

        3. 12.The right to surplus assets of an eligible Scottish partnership on a winding up

        4. 13.Right held “indirectly”

        5. 14.Voting rights and the right to appoint or remove persons entitled to take part in management

        6. 15.Rights held by nominees

        7. 16.Rights treated as held by person who controls their exercise

        8. 17.Rights exercisable only in certain circumstances etc.

        9. 18.Rights attached to shares held by way of security

        10. 19.Meaning of “significant influence or control”

    2. SCHEDULE 2

      Enforcement of disclosure requirements

      1. 1.Right to issue restrictions notice

      2. 2.Relevant interests

      3. 3.Effect of restrictions notice

      4. 4.Protection of third party rights

      5. 5.Breach of restrictions

      6. 6.(1) A person guilty of an offence under paragraph 5...

      7. 7.Relaxation of restrictions

      8. 8.Orders for sale

      9. 9.(1) If a relevant interest is sold in pursuance of...

      10. 10.The power of an eligible Scottish partnership to withdraw restrictions notice

      11. 11.Content of a warning notice

      12. 12.Content of a restrictions notice

      13. 13.Failure to comply with a regulation 10 or 11 notice: valid reason

      14. 14.Withdrawal of a restrictions notice

      15. 15.Offences for failing to comply with notices

      16. 16.Offences for failing to provide information

    3. SCHEDULE 3

      Statements required as to the nature of control

      1. PART 1 First Condition

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

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

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

      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 3

        1. 25.In this Schedule— (a) paragraph 12 of Schedule 1 has...

    4. SCHEDULE 4

      Specified public authorities

    5. SCHEDULE 5

      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 Institution or a Financial Institution

        1. 6.The credit institution or financial institution, referred to in this...

        2. 7.The relevant institution has delivered to the registrar a statement...

        3. 8.The relevant institution has delivered to the registrar a statement...

        4. 9.The relevant institution has delivered to the registrar a statement...

        5. 10.The relevant institution has delivered to the registrar a statement...

        6. 11.The relevant institution has delivered to the registrar a statement...

        7. 12.The relevant institution has delivered any information or evidence required...

        8. 13.The relevant institution has complied with any requirement by the...

      3. PART 3 Interpretation of Schedule 5

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

    6. SCHEDULE 6

      New Schedule to the Limited Partnerships (Forms) Rules 2009

  14. Explanatory Note