Regulation 33 Circumstances where the registrar must omit secured information from material on the register available for public inspection

(1)

The registrar must omit secured information from the material on the register that is available for public inspection if—

(a)

in relation to that information an application has been made under regulation 36, 37 or 38—

(i)

which has not yet been determined by the registrar and has not been withdrawn under regulation 40;

(ii)

which has been determined by the registrar in favour of the applicant (but see paragraph (4));

(iii)

which was unsuccessful and a period of 42 days beginning with the date of the notice sent under regulation 36(5), 37(5) or 38(5) has not passed;

(iv)

which was unsuccessful and an appeal to the court in respect of that application under regulation 41 has not been determined by the court; or

(v)

which was unsuccessful and the applicant has successfully appealed the determination; and

(b)

that information is contained in a document delivered to the registrar in which such information is required to be stated and, in the case of a document having more than one part, the information is contained in a part of the document in which such information is required to be stated.

(2)

The registrar is not obliged to check documents, other than those described in paragraph (1)(b), to ensure the absence of secured information in relation to which an application under regulation 36, 37 or 38 has been made.

(3)

If the secured information in relation to which an application under regulation 36, 37 or 38 is made is available for public inspection on the register at the time that the application is made, the registrar must comply with paragraph (1) as soon as reasonably practicable.

(4)

Paragraph (1)(a)(ii) does not apply where the determination has ceased to have effect under regulation 43.

(5)

For the purposes of this regulation an application under regulation 36, 37 or 38 is made when it has been registered by the registrar.