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

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

45.—(1) Save as permitted in paragraph (2), the registrar must not use or disclose secured information if an application under regulation 48, 49 or 50 has been made in relation to that information which—

(a) has not yet been determined by the registrar and has not been withdrawn under regulation 52 (withdrawal of an application);

(b) has been determined by the registrar in favour of the applicant and the determination has not ceased to have effect under regulation 55 (duration of a determination);

(c) was unsuccessful and the period of 42 days beginning with the date of the notice sent under regulation 48(5), 49(5) or 50(5) has not passed;

(d) was unsuccessful and an appeal to the court in respect of that application under regulation 53 (appealing against an unsuccessful application) has not been determined by the court; or

(e) was unsuccessful and the applicant has successfully appealed the determination.

(2) The registrar may—

(a) use or disclose secured information for communicating with the registrable person to whom the application under regulation 48, 49 or 50 relates and, if different, the applicant;

(b) disclose secured information on request to a specified public authority listed in Schedule 4 where the conditions specified in Part 1 of Schedule 5 are satisfied; and

(c) disclose the information specified in paragraph (3) on request to—

(i) a credit institution, or

(ii) a financial institution

which satisfies the conditions specified in Part 2 of Schedule 5.

(3) The secured information for disclosure under paragraph (2)(c) is, in relation to the registrable person—

(a) the individual’s name,

(b) a service address,

(c) the country or territory (or part of the United Kingdom) in which the individual is usually resident,

(d) nationality,

(e) the month and year of birth,

(f) the date on which the individual became a registrable person in relation to the eligible Scottish partnership to which the secured information relates(1), and

(g) the nature of the individual’s control over that eligible Scottish partnership.

(4) The registrar may rely on a statement delivered to the registrar by a credit institution or a financial institution under Part 2 of Schedule 5 as sufficient evidence of the matters stated therein.

(5) For the purposes of this regulation an application under regulation 48, 49 or 50 is made when it has been registered by the registrar.

(1)

See regulation 17(5) in relation to an individual who is a registrable person on the commencement day.