Part 3AMENDMENTS TO THE LIMITED LIABILITY PARTNERSHIP (APPLICATION OF COMPANIES ACT 2006) REGULATIONS 2009
Chapter 4AN LLP’S MEMBERS
Members’ residential addresses: protection from disclosure20
1
Regulation 19 (members’ residential addresses: protection from disclosure) is amended as follows.
2
In section 241 of the 2006 Act14 (protected information: restriction on use or disclosure by LLP), as applied to LLPs by that regulation, after subsection (2) insert—
3
If an LLP uses or discloses information in contravention of subsection (1), an offence is committed by—
a
the LLP, and
b
every designated member of the LLP who is in default.
4
A person guilty of an offence under this section is liable on summary conviction—
a
in England and Wales, to a fine;
b
in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 5 on the standard scale.
3
Section 242 of the 2006 Act 15 (protected information: restriction on use or disclosure by registrar), as applied to LLPs by that regulation, is amended as follows—
a
in subsection (3)—
i
omit the “or” at the end of paragraph (a);
ii
at the end of paragraph (b) insert ”, or (c) as permitted by section 1110F (general powers of disclosure by the registrar).”;
iii
omit “use or” in each place it occurs;
b
in the heading, omit “use or”.
4
Section 243 of the 2006 Act16 (permitted use or disclosure by the registrar), as applied to LLPs by that regulation, is amended as follows—
a
for subsection (2) substitute—
2
The registrar may disclose protected information to a credit reference agency.
b
in subsection (6), omit—
i
the definition of “public authority”;
ii
the “and” before that definition.
5
For section 246 of the 2006 Act17 (putting the address on the public record), as applied to LLPs by that regulation, substitute—
246Putting the address on the public record
1
If the registrar decides in accordance with section 245 that a member‘s usual residential address is to be put on the public record, the registrar must proceed as if each relevant LLP had given notice under section 167H—
a
stating a change in the member’s service address, and
b
stating the member’s usual residential address as their new service address.
2
The registrar must give notice of having done so—
a
to the member, and
b
to every relevant LLP.
3
The notice must state the date of the registrar’s decision to put the member’s usual residential address on the public record.
4
Where a member’s usual residential address has been put on the public record by the registrar under this section, for the period of five years beginning with the date of the registrar’s decision no service address may be registered for the member other than their usual residential address (but see subsection (5)).
5
Subsection (4)—
a
does not limit the service address that may be registered for the member under regulations under section 1097B (rectification of register), and
b
ceases to apply in relation to the member if a new service address is registered for the member under those regulations.
6
In this section “relevant LLP” means each LLP given notice under section 245(2)(b).