Regulation 45 Protection by a company of secured information

(1)

Subject to paragraph (2), a company must not use or disclose secured information relating to a person (“S”) if—

(a)

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

(b)

the company has not received notification under regulation 40(2), 40(3), 42(3), 43(2), 44(6) or 46(5)(b).

(2)

The company may use or disclose secured information relating to S—

(a)

for communicating with S;

(b)

in order to comply with a requirement of the Act as to particulars to be sent to the registrar; or

(c)

where S has given consent for the company to use or disclose secured information relating to S.

(3)

For the purposes of this regulation, an application has been made—

(a)

under regulation 36(1)(a) or 36(1)(c) when the applicant has informed the company under regulation 36(4) that the applicant has made an application;

(b)

under regulation 36(1)(b) when the company has received the particular required by section 790K(1)(i) of the Act in relation to that individual;

(c)

under regulation 37 when the company sends the application to the registrar; or

(d)

under regulation 38 when the subscriber to the memorandum sends an application to the registrar.

(4)

Where a company is prohibited under paragraph (1) from using or disclosing any secured information, the company’s PSC register is to be treated as not including that information for the purposes of sections 790N(1), 790O(1) and 790O(2) of the Act.