Regulation 26 Application by a company requiring the registrar to refrain from disclosing an individual’s usual residential address information to a credit reference agency
A company (“the applicant”) may make an application to the registrar requiring the registrar to refrain from disclosing to a credit reference agency information within section 790ZF(2) of the Act relating to an individual (“R”) who is, or proposes to become, a registrable person in relation to the company.
A company may only make an application under paragraph (1) where R has given consent for the company to make the application on R’s behalf.
The grounds on which an application may be made are that—
the applicant reasonably believes that there is a serious risk that R, or a person who lives with R, will be subjected to violence or intimidation as a result of the applicant’s activities; or
a section 243 decision has been made in respect of R which has not ceased to have effect under regulation 15 of the 2009 Regulations.
Where the grounds of the application are those described in paragraph (3)(b), the application must only relate to one individual who is, or proposes to become, a registrable person in relation to the company.
The application must contain—
a statement of the grounds on which the application is made;
confirmation that R consents to the making of the application;
the name and registered number of the applicant;
the address of the registered office of the applicant;
the e-mail address of the applicant, if any;
the name and any former name of R;
the date of birth of R;
the usual residential address of R;
the e-mail address of R, if any;
where R is a registrable person in relation to another company, the name and registered number of that company; and
where the grounds of the application are those described in paragraph (3)(b), the name and registered number of the company in relation to which the section 243 decision was made, unless the section 243 decision relates to a proposed company which was never incorporated.
Where the grounds of the application are those described in paragraph (3)(a), the application must be accompanied by evidence which supports the applicant’s statement of the grounds on which the application is made.
The registrar must determine the application and, within 7 days beginning with the date that the determination is made, send to the applicant and to R notice of the determination.
Where the application is unsuccessful, the notice under paragraph (7) 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.