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

Protection for registrable persons applying for protection of secured information

82.—(1) This regulation applies where—

(a) an individual is a registrable person in relation to an eligible Scottish partnership on the commencement day;

(b) before 24 July 2017 an application is made under regulation 48, 49 or 50 for the protection of secured information relating to the individual; and

(c) the registrar determines that the application is unsuccessful.

(2) Subject to paragraph (3), during the protected period, the registrar—

(a) must not use or disclose secured information relating to the individual, and

(b) must omit the information referred to in sub-paragraph (a) from the material on the register that is available for public inspection.

(3) The registrar may use or disclose secured information relating to the individual—

(a) for communicating with the individual, and

(b) where the application was made under regulation 49, for communicating with the eligible Scottish partnership which made the application.

(4) Paragraph (5) applies where the individual ceases to be a registrable person in relation to the eligible Scottish partnership before the end of the protected period.

(5) If, before the end of the protected period, the registrar receives notice from the individual setting out the date on which that individual ceased to be a registrable person in relation to the eligible Scottish partnership, the registrar—

(a) must not use or disclose secured information relating to the individual which the registrar obtained before the end of the protected period, and

(b) must omit the information referred to in sub-paragraph (a) from the material on the register that is available for public inspection.

(6) Where the registrar does not receive notice under paragraph (5), the registrar must as soon as reasonably practicable after the end of the protected period—

(a) make the secured information available on the register for public inspection, and

(b) notify the individual and the eligible Scottish partnership to which the application under regulation 48, 49 or 50 related of the action taken under sub-paragraph (a).

(7) In relation to an application to which this regulation applies regulation 54 (unsuccessful determination of application for protection of secured information) does not apply.

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

(9) In this regulation—

“protected period” means, in relation to an appeal under regulation 53 (appeal against unsuccessful application under regulation 48, 49 or 50)—

(a)

where no such appeal has been brought, 12 weeks beginning with the day on which notice of the registrar’s determination was sent under regulation 48(5), 49(5) or 50(5) of those regulations,

(b)

where such an appeal has been brought and dismissed, 12 weeks beginning with the day on which the court dismissed the appeal in accordance with regulation 53(5), or

(c)

where such an appeal has been brought and subsequently withdrawn or abandoned, 12 weeks beginning with the day on which the registrar became aware that the appeal had been withdrawn or abandoned.