The Register of Overseas Entities (Protection and Trusts) (Amendment) Regulations 2025

Amendments to the Protection Regulations

3.—(1) The Register of Overseas Entities (Delivery, Protection and Trust Services) Regulations 2022(1) are amended as follows.

(2) In regulation 2 (interpretation), the existing text becomes paragraph (1) and in that paragraph—

(a) before the definition of “the ECTEA” insert—

““applicant” means:

(a)

the relevant individual;

(b)

the relevant overseas entity;

(c)

a person who is authorised to act on behalf of a relevant individual, where that relevant individual is under eighteen years of age or lacks capacity; or

(d)

where a relevant individual is the beneficiary of a trust and is under eighteen years of age or lacks capacity, a registrable beneficial owner who is a trustee of that trust.”;

(b) for the definition of “relevant individual” substitute “”relevant individual” means any individual whose protected information is or may be made available for public inspection or disclosed by the registrar under the ECTEA or regulations under the ECTEA”;

(c) after the definition of “relevant individual” insert—

““relevant overseas entity” means the overseas entity whose registration under section 4 of the ECTEA caused the individual whose protected information is subject to an application under regulation 7 to become a relevant individual.”.

(d) omit the definition of “specified public authority”.

(3) After the definition of “relevant overseas entity” in paragraph 2(1) as renumbered, insert—

“(2) For the purposes of these Regulations, a relevant individual lacks capacity if they meet the definition of people who lack capacity in section 2 of the Mental Capacity Act 2005(2).”.

(4) In regulation 6(3)—

(a) at the end of sub-paragraph (a), add “and”;

(b) omit sub-paragraph (b).

(5) For regulation 7(1) (application to protect information relating to a relevant individual) substitute—

“(1) An applicant may make an application to the registrar requiring the registrar to—

(a) make protected information relating to a relevant individual unavailable for public inspection; and

(b) refrain from disclosing protected information relating to that relevant individual.”.

(6) In regulation 7(3)—

(a) at the end of sub-paragraph (a), omit “or”;

(b) at the end of sub-paragraph (b), for the full stop substitute “; or”;

(c) after sub-paragraph (b) add—

“(c) that the relevant individual is under eighteen years of age or lacks capacity.”.

(7) In regulation 7(4)—

(a) in sub-paragraph (b), after “individual” insert “, and if different, the applicant”;

(b) in sub-paragraph (c), after “individual” insert “, and if different, the applicant”;

(c) for sub-paragraph (i) substitute—

“(i) where the application is made by a relevant overseas entity on behalf of a relevant individual who is at least eighteen years of age and who does not lack capacity, confirmation that the relevant individual consents to the making of the application;”;

(d) after sub-paragraph(i) insert—

“(j) where the applicant is a person who is authorised to act on behalf of a relevant individual who is under eighteen years of age or who lacks capacity, evidence of that authorisation.”.

(8) For regulation 7(6) substitute—

“(6) Where an applicant who is not the relevant overseas entity makes an application under paragraph (1) to the registrar, that applicant must inform the relevant overseas entity of that fact as soon as reasonably practicable.”.

(9) In regulation 7(8), after “the relevant individual” insert “, and, if different, the applicant,” and insert “relevant” before “overseas entity”.

(10) Omit regulation 8(4).

(11) For regulation 11(3) substitute—

“(3) Where the registrar makes protected information available for public inspection under this regulation, the registrar must notify the relevant individual to whom the protected information relates and, if different, the applicant and the relevant overseas entity of that action as soon as reasonably practicable.”.

(12) For regulation 12 substitute—

Duration of a determination under regulation 7

12.— (1) A determination under regulation 7(7) that an application is successful continues to have effect until—

(a) the relevant individual, or if the relevant individual is under eighteen years of age or lacks capacity, a person authorised to act on their behalf, notifies the registrar in writing that they wish the determination to cease to have effect; or

(b) the registrar revokes the determination under regulation 13.

(2) Where a notice is given under paragraph (1)(a) by a person other than the relevant overseas entity, the person giving the notice must also notify the relevant overseas entity.”.

(13) In regulation 13(1)—

(a) in sub-paragraph (a)(i), for “this Part” substitute “Part 1 of the ECTEA”;

(b) in sub-paragraph (b), after “died or become incapacitated” insert “or that the grounds relied on in the application under regulation 7 are no longer met by the relevant individual”.

(14) Omit Schedule 1 (specified public authorities) and Schedule 2 (conditions for permitted disclosure).

(1)

S.I. 2022/870 which was amended by S.I. 2023/534.

(2)

2005 c. 9.