Section 120A Power to make regulations protecting materialF1

(1)

The Secretary of State may by regulations—

(a)

require a company to refrain from using, or refrain from disclosing, individual membership information except in circumstances specified in the regulations;

(b)

confer power on the registrar, on application, to make an order requiring a company to refrain from using, or refrain from disclosing, individual membership information except in circumstances specified in the regulations.

(2)

“Individual membership information” means information that—

(a)

relates to an individual who is a member or former member of the company, and

(b)

is required to be entered in the company’s register of members or index of members’ names.

(3)

Regulations under subsection (1)(b) may make provision as to—

(a)

who may make an application;

(b)

the grounds on which an application may be made;

(c)

the information to be included in and documents to accompany an application;

(d)

how an application is to be determined;

(e)

the notice to be given of an application and its outcome;

(f)

the duration of and procedures for revoking the restrictions on use and disclosure.

(4)

Provision under subsection (3) may in particular—

(a)

confer a discretion on the registrar;

(b)

provide for a question to be referred to a person other than the registrar for the purposes of determining the application or revoking the restrictions.

(5)

Regulations under this section are subject to affirmative resolution procedure.

(6)

Nothing in this section or in regulations made under it affects the use or disclosure of information about a person in any other capacity (for example, the use or disclosure of information about a person in that person’s capacity as an officer of the company).

Annotations

Textual amendments

F1: Ss. 120A, 120B 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. 48(6), 219(1)(2)(b); S.I. 2024/269, reg. 2(z9)

Notes on Part 8

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: 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

Notes on Inspection etc of register and index of members

Textual amendments

F1: S. 114 cross-heading inserted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 46(8), 219(1)(2)(b)