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The Companies (Disclosure of Date of Birth Information) Regulations 2015

S.I. 2015/1694 · Made 17 September 2015 · Extends to United Kingdom

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 5 February 2026.

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Sch. 2 para. 6(1)(c)(iii)words insertedData (Use and Access) Act 2025 (Consequential and Other Amendments) 2025 reg. 16

Companies

Made 17th September 2015

Laid before Parliament 18th September 2015

Coming into force 10th October 2015

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 243(3), 1087B(2) and (3), and 1292(1) of the Companies Act 2006 M1.C1

Annotations to the whole text

Marginal citations

M1

2006 c. 46; section 1087B was inserted by the Small Business Enterprise and Employment Act 2015 (c. 26), section 96(1) and (3).

Modifications

C1

Regulations applied (18.11.2025) by 2006 c. 46, s. 1087C(4) (as modified by S.I. 2009/2436, Sch. 1 para. 20(2A) (as amended by The Companies and Limited Liability Partnerships (Annotations, Application and Modification of Company Law and Consequential Amendments) Regulations 2025 (S.I. 2025/1116), regs. 1(2), 5(9); S.I. 2025/1118, reg. 2(g)))

Contents

  1. 1Citation, commencement and interpretation
  2. 2Permitted disclosure by the registrar to specified public authorities Repealed
  3. 3Permitted disclosure by the registrar to credit reference agencies
  4. Signature
  5. Schedule 1SPECIFIED PUBLIC AUTHORITIES
  6. Schedule 2: CONDITIONS FOR PERMITTED DISCLOSURE
  7. Part 1: Disclosure to specified public authorities
  8. 1Paragraph 1 Repealed
  9. 2Paragraph 2 Repealed
  10. 3Paragraph 3 Repealed
  11. 4Paragraph 4 Repealed
  12. Part 2: Disclosure to a credit reference agency
  13. 5Paragraph 5
  14. 6Paragraph 6
  15. 7Paragraph 7
  16. 8Paragraph 8
  17. 9Paragraph 9
  18. 10Paragraph 10
  19. 10AParagraph 10A
  20. Part 3: Interpretation of this Schedule
  21. 11Paragraph 11
  22. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Companies (Disclosure of Date of Birth Information) Regulations 2015 and come into force on 10th October 2015.

(2)

In these Regulations—

  • “the “Act” means the Companies Act 2006 and, unless the context otherwise requires, reference to a numbered section is a section so numbered in that Act;

  • “the 1985 Act” means the Companies Act 1985 M1;

  • “the 1986 Order” means the Companies (Northern Ireland) Order 1986 M2;

  • F1...

2Permitted disclosure by the registrar to specified public authoritiesF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3Permitted disclosure by the registrar to credit reference agencies

(1)

The registrar may disclose F1relevant date of birth information to a credit reference agency where the conditions specified in paragraphs 6 to F210A of Schedule 2 are satisfied.

(2)

The registrar may rely on a statement delivered to the registrar by a credit reference agency under paragraph 10 of Schedule 2 as sufficient evidence of the matters stated in it.

(3)

Notwithstanding paragraph (2), a credit reference agency shall deliver to the registrar such information or evidence in addition to the statement required by paragraph 10 of Schedule 2 as the registrar may direct for the purpose of enabling the registrar to determine in accordance with these Regulations whether to disclose relevant date of birth information to a credit reference agency.

(4)

The registrar may require such information or evidence to be verified in such manner as the registrar may direct.

(5)

The credit reference agency must inform the registrar immediately of any change in respect of any statement delivered to the registrar pursuant to Schedule 2 or information or evidence provided for the purpose of enabling the registrar to determine whether to disclose relevant date of birth information.

Signature

Baroness Neville-Rolfe

Parliamentary Under Secretary of State for Business, Innovation and Skills

Department for Business, Innovation and Skills

Schedule 1SPECIFIED PUBLIC AUTHORITIESF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1F1

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2F1

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3F1

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4F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

Paragraphs 6 to 10 set out the conditions specified for the disclosure of F1relevant date of birth information by the registrar to a credit reference agency.

6

F1(1)

The credit reference agency—

(a)

is carrying on in the United Kingdom F2... a business comprising the furnishing of information relevant to the financial standing of individuals, being information collected by the agency for that purpose;

(b)

maintains appropriate procedures—

(i)

to ensure that an independent person can investigate and audit the measures maintained by the agency for the purposes of ensuring the security of any F3relevant date of birth information disclosed to that agency; and

F4(ii)

for the purposes of ensuring that it complies with its F5obligations under the data protection legislation (as defined in section 3 of the Data Protection Act 2018);

(c)

has not been found guilty of an offence under—

F6(i)

section 1112 (false statements: basic offence) or section 1112A (false statements: aggravated offence) of the Act or section 2 of the Fraud Act 2006 (fraud by false representation);

(ii)

section 47 (failure to comply with enforcement notice) of the Data Protection Act 1998 in circumstances where it has used the F7relevant date of birth information for purposes other than those described in sub-paragraphs (a) to (e) of paragraph 7 below F8; or

(iii)

section 144 of the Data Protection Act 2018 (false statements made in response to an information notice) or section 148 of that Act (destroying or falsifying information and documents etc) F9or section 148C of that Act (false statements made in response to interview notices);

F10(d)

has not been given a penalty notice under section 155 of the Data Protection Act 2018 in circumstances described in paragraph (c)(ii), other than a penalty notice that has been cancelled.

F11(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

The credit reference agency has delivered to the registrar a statement that it intends to use the F1relevant date of birth information only for the purposes of—

(a)

providing an assessment of the financial standing of a person;

(b)

meeting any obligations contained in F2the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 or any rules made pursuant to section 137A of the Financial Services and Markets Act 2000 M1 which relate to the prevention and detection of money laundering in connection with the carrying on of regulated activities by authorised persons F3...;

(c)

conducting conflict of interest checks required or made necessary by any enactment;

(d)

the provision of relevant date of birth information to—

F4(i)

a person to whom the registrar could disclose information under section 1110F (disclosure by the registrar) of the Act; or

(ii)

a credit reference agency which has satisfied the requirements of this Part of this Schedule; or

(e)

conducting checks for the prevention and detection of crime and fraud.

8

The credit reference agency has delivered to the registrar a statement that it intends to take delivery of and to use the F1relevant date of birth information only in the United Kingdom F2....

9

The credit reference agency has delivered to the registrar a statement that it will, where it supplies a copy of the F1relevant date of birth information to a processor for the purpose of processing the information for use in respect of the purposes referred to in paragraph 7—

(a)

ensure that the processor is one who carries on business in the F2United Kingdom;

(b)

require that the information is not transmitted outside the F3United Kingdom by the processor; and

(c)

require that the processor does not disclose the information except to the credit reference agency or an employee of the credit reference agency.

10

The credit reference agency has delivered to the registrar a statement that it meets the conditions in paragraph 6 above.

10AF1

The relevant date of birth information is not information to which regulation 34(1) of the Register of People with Significant Control Regulations 2016 (S.I. 2016/339) applies.

11

(1)

In this Schedule—

  • “processor” means any person who provides a service which consists of putting information into data form or processing information in data form and any reference to a processor includes a reference to its employees; and

  • F1...

(2)

In this Schedule any reference to—

(a)

an employee of any person who has access to F2relevant date of birth information shall be deemed to include any person working or providing services for the purposes of that person or employed by or on behalf of, or working for, any person who is so working or who is supplying such a service; and

F3(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Explanatory note

(This note is not part of the Regulations)

These Regulations specify the conditions for disclosure of date of birth information (defined as “DOB information” in section 1087A of the Companies Act 2006 (c.46)) to public authorities and credit reference agencies under 1087B of that Act.

Regulation 2 and Schedule 1 specify the public authorities to whom the registrar may disclose DOB information in accordance with section 1087B of the Companies Act 2006.

Regulations 2 and 3 and Schedule 2 specify the conditions for the disclosure of such information to a public authority or credit reference agency.

An impact assessment had not been produced for this instrument, as no impact on the private, voluntary or public sector is foreseen.