Regulation 5 Application under section 243 by an individual
A section 243 application may be made to the registrar by an individual who is, or proposes to become, a director.
The grounds on which an application under paragraph (1) may be made are that the individual making the application—
F1reasonably believes that there is a serious risk that he, or a person who lives with him, will be subjected to violence or intimidation as a result of the activities of at least one of—
the companies of which he is, or proposes to become, a director;
the companies of which he was a director;
the companies of which that individual is, or proposes to become, a registrable person;
the companies of which that individual used to be a registrable person;
the overseas companies of which he is or has been a director, secretary or permanent representative; or,
the limited liability partnerships of which he is or has been a member; F3...
the limited liability partnerships of which that individual proposes to become a member;
the limited liability partnerships of which that individual is, or proposes to become, a registrable person under Part 21A of the Act as applied to LLPs by the Limited Liability Partnerships (Register of People with Significant Control) Regulations 2016; F5...
the limited liability partnerships of which that individual used to be a registrable person under Part 21A of the Act as applied to LLPs by the Limited Liability Partnerships (Register of People with Significant Control) Regulations 2016;
the eligible Scottish partnerships in relation to which the applicant is, was, or proposes to become a registrable person under the Scottish Partnerships (Register of People with Significant Control) Regulations 2017 (S.I. 2017/694);
the limited partnerships in relation to which that individual is, was, or proposes to become, a partner;
the limited partnerships in relation to which that individual is, was, or proposes to become, a registered officer of a general partner; or
the limited partnerships in relation to which that individual is, was, or proposes to become, the named contact of a corporate managing officer of a general partner;
is the subject of an application made under regulation 25, 26 or 27 of the 2016 Regulations which has been determined by the registrar in favour of the applicant and that determination has not ceased to have effect under regulation 31 of those Regulations.
The application shall—
contain—
a statement of the grounds on which the application is made;
the name and any former name of the applicant;
the date of birth of the applicant;
the usual residential address of the applicant;
the e-mail address of the applicant, if any;
where the registrar has allocated a unique identifier to the applicant, that unique identifier;
the name and registered number of each company of which the applicant is, or proposes to become, a director;
the name and registered number of each company of which the applicant is, or proposes to become, a registrable person;
where the grounds of the application are those described in paragraph (2)(c), the name and registered number of the company in relation to which the determination was made, unless the determination relates to a proposed company which was never incorporated; and
where the grounds of the application are those described in paragraph (2)(a) or (2)(b), be accompanied by evidence which supports the applicant's statement of the grounds on which the application is made.
The registrar may refer to a relevant body any question relating to an assessment of—
where the grounds of the application are those described in paragraph (2)(a), the nature and extent of any risk of violence or intimidation considered by the applicant to arise in relation to himself, or to a person who lives with him; or
where the grounds of the application are those described in paragraph (2)(b), whether the applicant is or has been employed by a relevant organisation F15or a police force, or is or has been a constable in a police force.
The registrar must determine the application and, within 7 days beginning with the date that the determination is made, send to the applicant notice of the determination.
Where the application is unsuccessful, the notice under paragraph (5) must inform the applicant of the applicant's right to apply for permission to appeal against the determination within 28 days beginning with the date of the notice.
In this regulation—
“the 1907 Act” means the Limited Partnerships Act 1907 (c. 24 (7 Edw 7));
“corporate managing officer” has the meaning given in section 3(1) of the 1907 Act;
“eligible Scottish partnership” has the meaning given in regulation 3(2) of the Scottish Partnerships (Register of People with Significant Control) Regulations 2017;
“general partner” has the meaning given in section 3 of the 1907 Act (interpretation of terms);
“limited partnership” has the meaning given in section 4 of the 1907 Act (definition and constitution of limited partnership);
“named contact” has the meaning given in section 8K(5) of the 1907 Act (duty to maintain registered officer and named contacts);
“registered officer” has the meaning given in section 8K(4) of the 1907 Act.
Annotations
Textual amendments
- F1
Words in reg. 5(2)(a) substituted (6.4.2016) by The Register of People with Significant Control Regulations 2016 (S.I. 2016/339), reg. 1(2), Sch. 5 para. 3(2)(a)
- F2
Reg. 5(2)(a)(iia)(iib) inserted (6.4.2016) by The Register of People with Significant Control Regulations 2016 (S.I. 2016/339), reg. 1(2), Sch. 5 para. 3(2)(b)
- F3
Word in reg. 5(2)(a)(iv) omitted (6.4.2016) by virtue of The Register of People with Significant Control Regulations 2016 (S.I. 2016/339), reg. 1(2), Sch. 5 para. 3(2)(c)
- F4
Reg. 5(2)(a)(v)-(vii) inserted (6.4.2016) by The Limited Liability Partnerships (Register of People with Significant Control) Regulations 2016 (S.I. 2016/340), reg. 1(3), Sch. 3 para. 8
- F5
Word in reg. 5(2)(a)(vi) omitted (21.7.2025) by virtue of The Protection and Disclosure of Personal Information (Amendment) Regulations 2025 (S.I. 2025/874), regs. 1(2)(a), 5(4)(a)
- F6
Reg. 5(2)(a)(viii)-(xi) inserted (21.7.2025) by The Protection and Disclosure of Personal Information (Amendment) Regulations 2025 (S.I. 2025/874), regs. 1(2)(a), 5(4)(b)
- F7
Reg. 5(2)(c) and words substituted for word (6.4.2016) by The Register of People with Significant Control Regulations 2016 (S.I. 2016/339), reg. 1(2), Sch. 5 para. 3(2)(d)
- F8
Words in reg. 5(2)(b) inserted (26.4.2018) by The Companies (Disclosure of Address) (Amendment) Regulations 2018 (S.I. 2018/528), regs. 1(1), 3(2) (with reg. 8)
- F9
Reg. 5(3)(a)(iva) inserted (6.4.2016) by The Register of People with Significant Control Regulations 2016 (S.I. 2016/339), reg. 1(2), Sch. 5 para. 3(3)(a)
- F10
Reg. 5(3)(a)(via) inserted (6.4.2016) by The Register of People with Significant Control Regulations 2016 (S.I. 2016/339), reg. 1(2), Sch. 5 para. 3(3)(b)
- F11
Words in reg. 5(3)(a)(vii) substituted (6.4.2016) by The Register of People with Significant Control Regulations 2016 (S.I. 2016/339), reg. 1(2), Sch. 5 para. 3(3)(c)
- F12
Word in reg. 5(3)(a)(vii) omitted (6.4.2016) by virtue of The Register of People with Significant Control Regulations 2016 (S.I. 2016/339), reg. 1(2), Sch. 5 para. 3(3)(d)
- F13
Reg. 5(3)(a)(viii) inserted (6.4.2016) by The Register of People with Significant Control Regulations 2016 (S.I. 2016/339), reg. 1(2), Sch. 5 para. 3(3)(e)
- F14
Reg. 5(3)(b) substituted (6.4.2016) by The Register of People with Significant Control Regulations 2016 (S.I. 2016/339), reg. 1(2), Sch. 5 para. 3(3)(f)
- F15
Words in reg. 5(4)(b) inserted (26.4.2018) by The Companies (Disclosure of Address) (Amendment) Regulations 2018 (S.I. 2018/528), regs. 1(1), 3(2) (with reg. 8)
- F16
Reg. 5(5)(6) substituted for reg. 5(5) (6.4.2016) by The Register of People with Significant Control Regulations 2016 (S.I. 2016/339), reg. 1(2), Sch. 5 para. 3(4)
- F17
Reg. 5(7) inserted (21.7.2025) by The Protection and Disclosure of Personal Information (Amendment) Regulations 2025 (S.I. 2025/874), regs. 1(2)(a), 5(5)