Section 1110D Power to require businesses to report discrepanciesF1

(1)

The Secretary of State may by regulations impose requirements on a person who is carrying on business in the United Kingdom (a “relevant person”)—

(a)

to obtain specified information about a customer (or prospective customer)—

(i)

before entering into a business relationship with them, or

(ii)

during a business relationship with them,

(b)

to identify discrepancies between information so obtained and information made publicly available by the registrar, and

(c)

to report any discrepancies to the registrar.

(2)

The regulations may require the relevant person, when reporting discrepancies, to provide such other information as may be required by the regulations (including information about the relevant person).

(3)

The regulations may provide for reports or other information delivered to the registrar under the regulations to be withheld from public inspection.

(4)

The regulations may create offences in relation to failures to comply with requirements imposed by the regulations.

(5)

The regulations may not provide for an offence created by the regulations to be punishable with imprisonment for a period exceeding—

(a)

in the case of conviction on indictment, 2 years;

(b)

in the case of summary conviction, 3 months.

(6)

In this section “customer”, in relation to a person carrying out estate agency work, includes a purchaser (as well as a seller).

(7)

Regulations under this section are subject to affirmative resolution procedure.

Annotations

Textual amendments

F1: S. 1110D and cross-heading inserted (26.10.2023 for specified purposes, 4.3.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 87(3), 219(1)(2)(b); S.I. 2024/269, reg. 2(z29)

Notes on Part 35

Modifications

C1: Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))
C2: Pt. 35 applied (with modifications) (31.12.2020) by The International Accounting Standards and European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/685), reg. 1(2), Sch. 3 para. 3; 2020 c. 1, Sch. 5 para. 1(1)
C3: Pt. 35 modified (8.7.2021) by The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), reg. 2, Sch. 3 para. 5(b) (with reg. 5) (as amended (4.1.2024) by S.I. 2023/1399, regs. 1(2), 4, 21(7)(a))
C4: Pt. 35 modified (21.2.2009) by The Banking Act 2009 (Parts 2 and 3 Consequential Amendments) Order 2009 (S.I. 2009/317), art. 6(1)(3)
C5: Pt. 35 applied (with modifications) (8.2.2011) by The Investment Bank Special Administration Regulations 2011 (S.I. 2011/245), reg. 27, Sch. 6 Pt. 2 para. 5(3)
C6: Pts. 1-39 (except for Pt. 7 and ss. 662-669), 45-47 extended (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), art. 5(1), Sch. 1 para. 2