The Companies (Disclosure of Address) Regulations 2009

PART 1

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Companies (Disclosure of Address) Regulations 2009 and come into force on 1st October 2009.

(2) In these Regulations—

“the Act” means the Companies Act 2006 and, unless the context otherwise requires, any reference to a numbered section is to a section so numbered in that Act;

“the 1985 Act” means the Companies Act 1985(1);

“the 1986 Order” means the Companies (Northern Ireland) Order 1986(2);

“confidentiality order” means an order under section 723B of the 1985 Act(3) (confidentiality orders);

“former name” means a name by which an individual was formerly known and which has been notified to the registrar under section 10 (documents to be sent to the registrar) or section 288 (register of directors and secretaries) of the 1985 Act, or Article 21 or 296 of the 1986 Order, or section 12 (statement of proposed officers) or section 167 (duty to notify registrar of changes) of the Act;

“limited liability partnership” means a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000(4) or Limited Liability Partnerships Act (Northern Ireland) 2002(5);

“name” means a person’s Christian name (or other forename) and surname, except that in the case of—

(a)

a peer; or

(b)

an individual usually known by a title,

the title may be stated instead of his Christian name (or other forename) and surname or in addition to either or both of them;

“permanent representative” means an individual who was a permanent representative for the purposes of sections 723B and 723C (effect of confidentiality orders) of the 1985 Act(6);

“police force” means a police force within the meaning of section 101(1) of the Police Act 1996(7) (interpretation), section 50 of the Police (Scotland) Act 1967(8) (meaning of police area, etc) or section 1 of the Police (Northern Ireland) Act 2000(9) (name of the police in Northern Ireland);

“relevant body” means any police force and any other person whom the registrar considers may be able to assist in answering a question referred to that person by the registrar under these Regulations;

“relevant organisation” means the Government Communications Headquarters, the Secret Intelligence Service, the Security Service or a police force;

“section 243 applicant” means an individual by whom or in respect of whom a section 243 application has been made but in respect of which application the registrar either has not made a determination, or has made a determination, not being a section 243 decision, and any appeal to the court in respect of that application under regulation 14 has not been determined by the court;

“section 243 application” means an application under section 243(4) (permitted use or disclosure by the registrar) for the purpose of requiring the registrar to refrain from disclosing protected information relating to a director to a credit reference agency;

“section 243 beneficiary” means—

(a)

an individual who has made a section 243 application in respect of which a section 243 decision has been made; or

(b)

an individual on whose behalf a company or a subscriber to a memorandum of association has made a section 243 application in respect of which a section 243 decision has been made; or

(c)

an individual in relation to whom a confidentiality order was in force immediately before 1st October 2009 and who, by paragraph 37 of Schedule 2 to the Companies Act 2006 (Commencement No. 8, Transitional Provisions and Savings) Order 2008(10) is treated as having made a section 243 application in respect of which a section 243 decision has been made;

“section 243 decision” means a determination by the registrar on a section 243 application in favour of the applicant;

“section 1088 application” means an application under section 1088 (application to registrar to make address unavailable for public inspection) for the purpose of requiring the registrar to make an address on the register unavailable for public inspection;

“section 1088 beneficiary” means a person who has made a section 1088 application in respect of which a section 1088 decision has been made;

“section 1088 decision” means a determination by the registrar on a section 1088 application in favour of the applicant;

“specified public authority” means any public authority specified in Schedule 1 to these Regulations; and

“working day” means a day that is not a Saturday or Sunday, Christmas Day, Good Friday or any day that is a bank holiday under the Banking and Financial Dealings Act 1971(11) in England and Wales.

(1)

1985 c.6.

(2)

S.I. 1986/1032 (N.I. 6).

(3)

Section 723B was inserted by section 45 of the Criminal Justice and Police Act 2001 (c.16).

(4)

2000 c.12.

(5)

2002 c.12 (N.I.).

(6)

Sections 723B and 723C were inserted by section 45 of the Criminal Justice and Police Act 2001.

(7)

1996 c.16.

(8)

1967 c.77.

(9)

2000 c.32.

(10)

S.I. 2008//2860 (C. 126).

(11)

1971 c.80.