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

Application of Part 35 of the Companies Act 2006

64.  Section 1088 (application to registrar to make address unavailable for inspection) of the Companies Act 2006 applies to eligible Scottish partnerships, modified so that it reads as follows—

“Modification of the Companies (Disclosure of Address) Regulations 2009

1088.— (1) The provisions of the Companies (Disclosure of Address) Regulations 2009(1) set out in subsection (2) apply with respect to applications to the registrar to make an address unavailable for public inspection, with the modifications specified in subsection (3).

(2) The provisions referred to in subsection (1) are—

(a) Part 3 (application to make an address unavailable for public inspection under section 1088);

(b) Part 4 (matters relating to applications under section 1088); and

(c) any other provisions of the Regulations having effect for the purposes of those provisions.

(3) Those provisions apply with the following modifications—

(a) in regulation 1(2) for the definition of “former name” substitute—

““former name” means a name by which the individual was formerly known and which has been notified to the registrar under section 8A(5) of the Limited Partnerships Act 1907 or under Part 5 of the Scottish Partnerships (Register of People with Significant Control) Regulations 2017;”

(b) for regulation 9 (application to make an address unavailable for public inspection by an individual) substitute—

“9.— (1) A section 1088 application may be made to the registrar by an individual whose usual residential address was placed on the register either—

(a) as a service address in a statement of initial significant control delivered to the registrar under section 8A of the Limited Partnerships Act 1907, or

(b) as a service address included in the required particulars of a registrable person delivered to the registrar to comply with an obligation in Part 5 of the Scottish Partnerships (Register of People with Significant Control) Regulations 2017.

(2) The grounds on which an application under paragraph (1) may be made are that the individual making the application—

(a) considers that there is a serious risk that the individual, or a person who lives with that individual, will be subjected to violence or intimidation as a result of the activities of at least one of the eligible Scottish partnerships of which—

(i) that individual is, or proposes to become, a registrable person; or

(ii) that individual used to be a registrable person; or

(b) is or has been employed by a relevant organisation.

(3) The application must —

(a) contain—

(i) a statement of the grounds on which the application is made;

(ii) the name and any former name of the applicant;

(iii) the usual residential address of the applicant that is to be made unavailable for public inspection;

(iv) an address for correspondence in respect of the application;

(v) the name and registered number of each eligible Scottish partnership of which the applicant is or has been at any time since the commencement day a registrable person;

(vi) the service address which is to replace that usual residential address on the register;

(vii) the date of birth of the applicant; and

(viii) the name of each eligible Scottish partnership of which the applicant proposes to become a registrable person;

(b) be accompanied by evidence which—

(i) where the grounds of the application are those described in paragraph (2)(a), supports the applicant’s assertion that the application falls within the grounds stated in the application;

(ii) where the grounds of the application are those described in paragraph (2)(b), establishes that the applicant is or has been employed by a relevant organisation.

(4) The registrar may refer to a relevant body any question relating to an assessment of—

(a) the nature and extent of any risk of violence or intimidation considered by the applicant to arise in relation to the applicant or a person living with the applicant, as a result of the activities of any eligible Scottish partnership of which the applicant is or proposes to become a registrable person or has been at any time a registrable person; or

(b) whether the applicant is or has been employed by a relevant organisation.

(5) The registrar shall determine the application and send to the applicant, at the address for correspondence stated in the application, notice of the registrar’s determination on the section 1088 application within five working days of that determination being made.”;

(c) omit regulations 10 and 11;

(d) for regulation 12 (matters relevant to section 1088 applications) substitute—

“12.— (1) For the purpose of regulation 9 the registrar may direct that additional information or evidence should be delivered to the registrar, what such information or evidence should be and how it should be verified.

(2) For the purpose of determining any section 1088 application the registrar may accept any answer to a question referred in accordance with regulation 9(4) as providing sufficient evidence of—

(a) the nature and extent of any risk relevant to the applicant or to persons who live with the applicant, or

(b) whether an applicant is or has been employed by a relevant organisation. ”;

(e) for regulation 13 (effect of a successful section 1088 application) substitute—

“13.— (1) Where a section 1088 application has been determined in favour of the applicant the registrar shall make the specified address unavailable for public inspection.

(2) In this regulation “specified address” means the address specified in the application as being the one to be made unavailable for public inspection.”;

(f) in regulation 14 (appeals), —

(i) in paragraph (1), for “5(5), 6(8), 7(8), 9(6), 10(5) or 11(5)” substitute “9(5)”;

(ii) in paragraph (3), for “5(5), 6(8), 7(8), 9(6), 10(5) or 11(5)” substitute “9(5)”;

(g) for regulation 15 (duration of a section 243 decision or a section 1088 decision) substitute—

“Duration of a section 1088 decision

15.   A section 1088 decision shall continue to have effect until the registrar has made a determination to revoke that decision in accordance with regulation 16.”

(h) in regulation 16 (revocation of a section 1088 decision),—

(i) in paragraph (1) omit—

(aa) “a section 243 decision or”;

(bb) “a section 243 beneficiary or”; and

(cc) “as the case may be,”;

(ii) in paragraph (5),—

(aa) in sub-paragraph (b) for “a company, to its registered office” substitute “a Scottish qualifying partnership, to its service address within the meaning of the Scottish Partnerships (Register of People with Significant Control) Regulations 2017”;

(bb) for sub-paragraph (c) substitute “in the case of a Scottish limited partnership, to its principal place of business”;

(iii) for paragraph (6) substitute—

“(6) In this regulation—

“Scottish limited partnership” has the meaning given in regulation 3(2)(a) of the Scottish Partnerships (Register of People with Significant Control) Regulations 2017;

“Scottish qualifying partnership” has the meaning given in regulation 3(2)(b) of the Scottish Partnerships (Register of People with Significant Control) Regulations 2017.””

(1)

S.I. 2009/214.