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

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Consequential amendment to the Limited Partnerships (Forms) Rules 2009

This section has no associated Explanatory Memorandum

81.—(1) The Limited Partnerships (Forms) Rules 2009(1) are amended as follows.

(2) In rule 3 (forms to be used for the purpose of the Limited Partnerships Act 1907)—

(a)in paragraph (1) after “Act” insert “in England and Wales or Northern Ireland”;

(b)after paragraph (1) insert—

(1A) Subject to paragraph (1B), the form in Part 2 of the Schedule must be used for an application for the registration of a limited partnership under the 1907 Act in Scotland which is not accompanied by an application for designation as a private fund limited partnership under that Act.

(1B) Where an application under Part 8 of the Scottish Partnerships (Register of People with Significant Control) Regulations 2017 is being made to omit disclosure of secured information(2) about an individual who will count as a registrable person from the register, the prospective limited partnership must obtain from the registrar and use an alternative version of the form in Part 2 of the Schedule enabled with security features to apply for registration of the limited partnership under the 1907 Act in Scotland.;

(c)in paragraph (3) after “Act” insert “in England and Wales or Northern Ireland”;

(d)after paragraph (3) insert—

(3A) Subject to paragraph (3B), the form in Part 5 of the Schedule must be used for any application for the registration of a limited partnership under the 1907 Act in Scotland which is accompanied by an application for designation as a private fund limited partnership under that Act.

(3B) Where an application under Part 8 of the Scottish Partnerships (Register of People with Significant Control) Regulations 2017 is being made to omit disclosure of secured information about an individual who will count as a registrable person from the register, the prospective private fund limited partnership must obtain from the registrar and use an alternative version of the form in Part 5 of the Schedule enabled with security features to apply for registration of the limited partnership under the 1907 Act in Scotland.;

(e)after paragraph (4) insert—

(5) In this regulation “secured information” means the required particulars of a registrable person other than the information in regulation 17(1)(i) of the Scottish Partnerships (Register of People with Significant Control) Regulations 2017.

(3) After rule 3 insert—

Reproduction of Forms

4.(1) A person reproducing the form in Part 2 or 5 of the Schedule for delivery to the registrar must obtain an image of the barcode set out on that form from the registrar.

(2) The barcode must be included in the form in Part 2 or 5 of the Schedule in the format supplied by the registrar, in black ink, 13.5 mm high and 70.5 mm wide.

(3) The barcode must be located on the form as shown in Part 2 or 5 of the Schedule as follows—

(a)41mm from the left edge of the A4 page,

(b)47.5mm from the top edge of the A4 page,

(c)236mm from the bottom of the A4 page; and

(d)98.55mm from the right edge of the A4 page.

(4) For the Schedule substitute the new Schedule set out in Schedule 6 to these Regulations.

(2)

See regulation 44(1) for the meaning of “secured information”.

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