The Companies, Limited Liability Partnerships and Partnerships (Amendment etc.) (EU Exit) Regulations 2019

Regulation 7

SCHEDULE 2 Amendments to secondary legislation

The Companies (Political Expenditure Exemption) Order 2007

1.  The Companies (Political Expenditure Exemption) Order 2007(1) is amended in accordance with paragraph 2.

2.  In article 3(1)(b) (description of political expenditure), for “a member state” substitute “the United Kingdom”.

The Overseas Companies Regulations 2009

3.  The Overseas Companies Regulations 2009(2) are amended in accordance with paragraphs 4 to 8.

4.  In regulation 2 (interpretation), omit the definition of “First Company Law Directive”.

5.  In regulation 6 (particulars of the company)—

(a) at the end of paragraph (1)(e), omit “and”;

(b) after paragraph (1)(f), insert—

“(g) the law under which the company is incorporated,

(h) in the case of a company to which Chapter 2 of Part 5 or Chapter 2 of Part 6 applies (requirements to prepare and disclose accounts under parent law), the period for which the company is required by its parent law to prepare accounts, together with the period allowed for the preparation and public disclosure (if any) of accounts for such a period, and

(i) unless disclosed by the company’s constitution (see regulation 8)—

(i) the address of its principal place of business in its country of incorporation or, if applicable, its registered office,

(ii) its objects, and

(iii) the amount of its issued share capital.”;

(c) omit paragraph (2);

(d) omit paragraph (3)(b)(iii);

(e) in paragraph (3)(b)(iv), omit “in any other case”;

(f) omit paragraph (4)(b)(iii);

(g) in paragraph (4)(b)(iv), omit “in any other case”.

6.  In regulation 63 (particulars to appear in business letters, order forms and websites)—

(a) in paragraph (1), for “paragraph (2)” substitute “paragraph (4)”;

(b) omit paragraphs (2) and (3);

(c) in paragraph (5), omit the words “which is not incorporated in an EEA state”.

7.  In regulation 76 (documents subject to Directive disclosure requirements)—

(a) for the heading substitute “Enhanced disclosure documents”;

(b) in the opening words before paragraph (a), for “documents subject to Directive disclosure requirements” substitute “enhanced disclosure documents”.

8.  In Schedule 2 (conditions for permitted disclosure)—

(a) in paragraph 3—

(i) in sub-paragraph (a), after “business” insert “in the United Kingdom or”;

(ii) in sub-paragraph (b), for “European Economic Area” substitute “area comprising the United Kingdom and the European Economic Area”;

(b) in paragraph 6—

(i) in sub-paragraph (1)(a), omit “or in another EEA State”;

(ii) in sub-paragraph (1)(b)(ii), for “data protection obligations” substitute “obligations under the data protection legislation (as defined in section 3 of the Data Protection Act 2018(3))”;

(iii) omit sub-paragraph (2);

(c) in paragraph 7(b), omit from “, or in any legislation of another EEA State implementing Directive 2015/849/EU” to the end;

(d) in paragraph 8, omit “or in another EEA State”;

(e) in paragraph 9, in sub-paragraphs (a) and (b), for “European Economic Area” substitute “United Kingdom”; and

(f) in paragraph 11, in the definition of “public function”, omit paragraph (b).

The Companies (Disclosure of Address) Regulations 2009

9.  The Companies (Disclosure of Address) Regulations 2009(4) are amended in accordance with paragraph 10.

10.  In Schedule 2 (conditions for permitted disclosure)—

(a) in paragraph 3—

(i) in sub-paragraph (a), after “European Economic Area” insert “or in the United Kingdom”;

(ii) in sub-paragraph (b), for “European Economic Area” substitute “area comprising the United Kingdom and the European Economic Area”;

(b) in paragraph 6—

(i) in sub-paragraph (1)(a), omit “or in another EEA State”;

(ii) in sub-paragraph (1)(b)(ii), for “data protection obligations” substitute “obligations under the data protection legislation (as defined in section 3 of the Data Protection Act 2018)”;

(iii) omit sub-paragraph (2);

(c) in paragraph 7(b), omit from “, or in any legislation of another EEA State implementing Directive 2015/849/EU” to the end;

(d) in paragraph 8, omit “or in another EEA State”;

(e) in paragraph 9, in sub-paragraphs (a) and (b), for “European Economic Area” substitute “United Kingdom”;

(f) in paragraph 11, in the definition of “public function”, omit paragraph (b).

The Companies (Disclosure of Date of Birth Information) Regulations 2015

11.  The Companies (Disclosure of Date of Birth Information) Regulations 2015(5) are amended in accordance with paragraph 12.

12.  In Schedule 2 (conditions for permitted disclosure)—

(a) in paragraph 3—

(i) in sub-paragraph (a), after “European Economic Area” insert “or in the United Kingdom”;

(ii) in sub-paragraph (b), for “European Economic Area” substitute “area comprising the United Kingdom and the European Economic Area”;

(b) in paragraph 6—

(i) in sub-paragraph (1)(a), omit “or in another EEA State”;

(ii) in sub-paragraph (1)(b)(ii), for “data protection obligations” substitute “obligations under the data protection legislation (as defined in section 3 of the Data Protection Act 2018)”;

(iii) omit sub-paragraph (2);

(c) in paragraph 7(b), omit from “, or in any legislation of another EEA State implementing Directive 2015/849/EU” to the end;

(d) in paragraph 8, omit “or in another EEA State”;

(e) in paragraph 9, in sub-paragraphs (a) and (b), for “European Economic Area” substitute “United Kingdom”;

(f) in paragraph 11, in the definition of “public function”, omit paragraph (b).

The Register of People with Significant Control Regulations 2016

13.  The Register of People with Significant Control Regulations 2016(6) are amended in accordance with paragraph 14.

14.  In Schedule 4 (conditions for permitted disclosure)—

(a) in paragraph 2—

(i) in sub-paragraph (a), after “business” insert “in the United Kingdom or”; and

(ii) in sub-paragraph (b), for “European Economic Area” substitute “area comprising the United Kingdom and the European Economic Area”;

(b) in paragraph 6—

(i) in sub-paragraph (a), omit “or in another EEA State”;

(ii) sub-paragraph (b)(ii), for “data protection obligations” substitute “obligations under the data protection legislation (as defined in section 3 of the Data Protection Act 2018)”;

(c) in paragraph 8—

(i) at the end of sub-paragraph (b)(i), insert “or”;

(ii) omit sub-paragraph (b)(iii), and the “or” before it;

(d) in paragraph 9, omit “or in another EEA State”;

(e) in paragraph 10, in sub-paragraphs (a) and (b), for “European Economic Area” substitute “United Kingdom”;

(f) in paragraph 12A(b), for “data protection obligations” substitute “obligations under the data protection legislation (as defined in section 3 of the Data Protection Act 2018);

(g) in paragraph 12F, in sub-paragraphs (a) and (b), for “European Economic Area” substitute “United Kingdom”;

(h) omit paragraph 13(b)(ii);

(i) omit paragraph 14.

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

15.  The Scottish Partnerships (Register of People with Significant Control) Regulations 2017(7) are amended in accordance with paragraphs 16 to 18.

16.  In regulation 2 (interpretation)—

(a) in the appropriate place, insert—

““UK regulated market” has the meaning given in regulation 3(12)”;

(b) in the appropriate place, insert—

““EU regulated market” has the meaning given in regulation 3(12)”.

17.  In regulation 3 (key terms)—

(a) in paragraph (7)(c), for “regulated market situated in an EEA State” substitute “UK regulated market or an EU regulated market”;

(b) for paragraph (12), substitute—

“(12) In paragraph (7), “UK regulated market” and “EU regulated market” have the meanings given in Article 2.1.13A and 2.1.13B respectively of Regulation (EU) No. 600/2014 of the European Parliament and of the Council of 15 May 2014 and amending Regulation (EU) No. 648/2012”(8).

18.  In Schedule 5 (conditions for permitted disclosure)—

(a) in paragraph 2—

(i) in sub-paragraph (a), after “business” insert “in the United Kingdom or”;

(ii) in sub-paragraph (b), for “European Economic Area” substitute “area comprising the United Kingdom and the European Economic Area”;

(b) in paragraph 6—

(i) in sub-paragraph (1)(b), for “data protection obligations” substitute “obligations under the data protection legislation (as defined in section 3 of the Data Protection Act 2018)”;

(ii) omit sub-paragraph (2);

(c) in paragraph 10, omit “or another EEA State”;

(d) in paragraph 11, in sub-paragraphs (a) and (b), for “European Economic Area” substitute “United Kingdom”;

(e) omit paragraph 14(b)(ii).

(1)

S.I. 2007/2081.

(2)

S.I. 2009/1801; relevant amendments were made by S.I. 2011/1043, S.I. 2013/472, S.I. 2017/692, and by section 211 of, and paragraph 340 of Schedule 19 to, the Data Protection Act 2018 c. 12.

(3)

2018 c. 12.

(4)

S.I. 2009/214; relevant amendments were made by S.I. 2011/1043, S.I. 2013/472, S.I. 2017/692, and by section 211 of, and paragraph 339 of Schedule 19 to, the Data Protection Act 2018.

(5)

S.I. 2015/1694; relevant amendments were made by S.I. 2017/692, and by section 211 of, and paragraph 384 of Schedule 19 to, the Data Protection Act 2018.

(6)

S.I. 2016/339; relevant amendments were made by S.I. 2017/692, S.I. 2017/693 and by section 211 of, and paragraphs 399 to 402 of Schedule 19 to, the Data Protection Act 2018.

(7)

S.I. 2017/694; relevant amendments were made by section 211 of, and paragraph 420 of Schedule 19 to, the Data Protection Act 2018.

(8)

Articles 2.1.13A and 2.1.13B were inserted by the Markets in Financial Instruments (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1403).