OpenLegislation

Section 790J Power to make exemptionsF1C1C2

(1)

The Secretary of State may exempt a person (whether an individual or a legal entity) under this section.

(2)

The effect of an exemption is—

(a)

the person is not required to comply with any notice under section F2790D, 790E or 790EA (but if a notice is received, the person must bring the existence of the exemption to the attention of the company that sent it),

(b)

companies are not obliged to take steps or give notice under those sections to or with respect to that person,

(c)

notices under section F3790DA do not require anyone else to give any information about that person,

(d)

the duties imposed by sections 790G F4790H and 790HA do not apply to that person, and

(e)

the person does not count for the purposes of F5any of sections 12A, 790LA, 790LC, 790LD, 790LE, 790LF, 790LG, 790LH F6and 790LM to 790LS as a registrable person or, as the case may be, a registrable relevant legal entity in relation to any company.

(3)

The Secretary of State must not grant an exemption under this section unless the Secretary of State is satisfied that, having regard to any undertaking given by the person to be exempted, there are special reasons why that person should be exempted.

Annotations

Textual amendments

F1

Pt. 21A inserted (26.5.2015 for specified purposes, 6.4.2016 except for the insertion of ss. 790M(9)(c), 790W-790ZE and 30.6.2016 so far as not already in force) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 3 para. 1; S.I. 2015/1329, reg. 3(a); S.I. 2015/2029, regs. 4(a), 5(a)

F2

Words in s. 790J(2)(a) substituted (26.10.2023 for specified purposes, 18.11.2025 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 2 para. 15(a); S.I. 2025/1118, reg. 2(1)(i)(4)

F3

Word in s. 790J(2)(c) substituted (26.10.2023 for specified purposes, 18.11.2025 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 2 para. 15(b); S.I. 2025/1118, reg. 2(1)(i)(4)

F4

Words in s. 790J(2)(d) substituted (26.10.2023 for specified purposes, 18.11.2025 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 2 para. 15(c); S.I. 2025/1118, reg. 2(1)(i)(4)

F5

Words in s. 790J(2)(e) substituted (26.10.2023 for specified purposes, 18.11.2025 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 2 para. 15(d); S.I. 2025/1118, reg. 2(1)(i)(4)

F6

Words in s. 790J(2)(e) inserted (26.10.2023 for specified purposes, 18.11.2025 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 64(2), 219(1)(2)(b); S.I. 2025/1118, reg. 2(1)(k)(5) (with reg. 5)

Modifications

C1

Ss. 790D-790J applied (with modifications) by S.I. 2009/1804, reg. 31C (as inserted (6.4.2016) by The Limited Liability Partnerships (Register of People with Significant Control) Regulations 2016 (S.I. 2016/340), regs. 1(3), 3, Sch. 1 and as amended (18.11.2025) by S.I. 2025/1033, regs. 1(3)(c), 8(4) (with regs. 12-16); S.I. 2025/1118, reg. 2(1)(i))

C2

Ss. 790C-790K applied (with modifications) by S.I. 2009/2436, Sch. 1 para. 12A (as inserted (26.6.2017) by The Information about People with Significant Control (Amendment) Regulations 2017 (S.I. 2017/693), regs. 2, 33 (with Sch. Pt. 3) and as amended (18.11.2025 immediately after 2006 c. 46, s. 790LA comes into force) by S.I. 2025/1116, regs. 1(4), 5(4); S.I. 2025/1118, reg. 2(i) and (18.11.2025) by S.I. 2025/761, regs. 1(4), 3(5) (with regs. 5, 6))

Notes on Part 21A

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))