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The Register of People with Significant Control Regulations 2016

S.I. 2016/339 · Made 15 March 2016 · Extends to United Kingdom

Not fully up to date. 2 changes made by later legislation have not yet been written into this text, which is revised to 30 September 2026.

See the changes not yet applied
ProvisionChangeMade by
Sch. 4 para. 6(c)word omittedData (Use and Access) Act 2025 (Consequential and Other Amendments) 2025 reg. 17(a)
Sch. 4 para. 6(c)(vi) and wordinsertedData (Use and Access) Act 2025 (Consequential and Other Amendments) 2025 reg. 17(b)

Companies

Made 15th March 2016

Coming into force in accordance with regulation 1(2)

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 243, 790B(1)(b), 790C(7)(d), 790C(12), 790K(5), 790M(7), 790O(2), 790ZF, 790ZG, 1088 and 1292 of, and paragraph 25(5)(b) of Schedule 1A and paragraphs 12(1) and (2) of Schedule 1B to, the Companies Act 2006 M1.

In accordance with sections 790B(2) and 790C(11) the Secretary of State is satisfied that the shares of a company or legal entity which are described in regulations 3 and 4 of these Regulations are bound by disclosure and transparency rules broadly similar to the ones applying to DTR5 issuers.

In accordance with sections 790B(4), 790C(13), 790M(8), 790ZG(5), 1088(6), 1290, 1292(3) and 1292(4) of, and paragraph 25(7) of Schedule 1A to, that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.C2

Annotations to the whole text

Marginal citations

M1

2006 c.46; sections 790A to 790ZG, Schedule 1A and Schedule 1B were inserted by Schedule 3 to the Small Business, Enterprise and Employment Act 2015 (c.26). Section 243 is relied upon in its own right and as applied with modifications by section 790ZF. See section 1167 for the meaning of “prescribed”.

Modifications

C1

Reg. 27 modified (30.6.2016) by The European Public Limited-Liability Company (Register of People with Significant Control) Regulations 2016 (S.I. 2016/375), regs. 1(2), 7 (as substituted (31.12.2020) by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 93); 2020 c. 1, Sch. 5 para. 1(1)

C2

Regulations applied (21.3.2024) by S.I. 2009/2436, Sch. 1 para. 12C(2A) (as inserted by The Economic Crime and Corporate Transparency Act 2023 (Consequential, Supplementary and Incidental Provisions) Regulations 2024 (S.I. 2024/410), reg. 1(2), Sch. 2 para. 5(b)(ii))

Contents

  1. Part 1: GENERAL INTRODUCTORY PROVISIONS
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: APPLICATION AND FEES
  5. 3Companies to which Part 21A of the Act does not apply
  6. 4Legal entities which are subject to their own disclosure requirements
  7. 5Modification for persons covered by section 790C(12) of the Act Repealed
  8. 6Fee for a copy of a company's PSC register
  9. Part 3: NATURE OF CONTROL AND FOREIGN LIMITED PARTNERS
  10. 7Particulars required as to nature of control
  11. 8Characteristics of a foreign limited partner
  12. Part 3A: Further duties on company to give notices concerning persons with significant control
  13. 8ARegulation 8A
  14. Part 4: ADDITIONAL MATTERS
  15. 9Additional matters to be noted in a PSC register
  16. 10Additional matters where there is no registrable person or registrable relevant legal entity
  17. 11Additional matters where there is an unidentified registrable person
  18. 12Additional matters where an identified registrable person's particulars are not confirmed
  19. 13Additional matters where a company's investigations are ongoing
  20. 14Additional matters where there is a failure to comply with a notice given under section 790D of the Act
  21. 15Additional matters where there is a failure to comply with a notice given under section 790E of the Act
  22. 16Additional matters where a notice given under section 790D or section 790E of the Act is complied with after the time specified in the notice
  23. 17Additional matters where a company has issued a restrictions notice
  24. Part 5: WARNING AND RESTRICTIONS NOTICES
  25. 18Content of a warning notice
  26. 19Content of a restrictions notice
  27. 20Failure to comply with a section 790D , 790DA, 790E or 790EA notice: valid reason
  28. 21Withdrawal of a restrictions notice
  29. Part 6: THE PROTECTION OF USUAL RESIDENTIAL ADDRESS INFORMATION
  30. 22Permitted disclosure of usual residential address information by the registrar to specified public authorities Repealed
  31. 23Permitted disclosure of usual residential address information by the registrar to credit reference agencies
  32. 24Circumstances where the registrar must refrain from disclosure of usual residential address information
  33. 25Application by an individual requiring the registrar to refrain from disclosing that individual's usual residential address information to a credit reference agency
  34. 26Application by a company requiring the registrar to refrain from disclosing an individual's usual residential address information to a credit reference agency
  35. 27Application by a subscriber to a memorandum of association requiring the registrar to refrain from disclosing an individual's usual residential address information to a credit reference agency
  36. 28Matters relating to an application made under regulation 25, 26 or 27
  37. 29Withdrawal of an application made under regulation 25, 26 or 27
  38. 30Appealing against a determination made under regulation 25, 26 or 27
  39. 31Duration of a determination made under regulation 25, 26 or 27
  40. 32Revocation of a determination made under regulation 25, 26 or 27
  41. Part 7: THE PROTECTION OF SECURED INFORMATION
  42. 33Circumstances where the registrar must omit secured information from material on the register available for public inspection
  43. 34Circumstances where the registrar must not use or disclose secured information
  44. 35Fee payable for the disclosure by the registrar of secured information Repealed
  45. 35AFee payable for the disclosure by the registrar of information to a credit institution or a financial institution Repealed
  46. 36Application by an individual requiring the registrar to refrain from using or disclosing that individual's secured information
  47. 37Application by a company requiring the registrar to refrain from using or disclosing an individual's secured information
  48. 38Application by a subscriber to a memorandum of association requiring the registrar to refrain from using or disclosing an individual's secured information
  49. 39Matters relating to an application made under regulation 36, 37 or 38
  50. 40Withdrawal of an application made under regulation 36, 37 or 38
  51. 41Appealing against an unsuccessful application made under regulation 36, 37 or 38
  52. 42Unsuccessful determination made under regulation 36, 37 or 38
  53. 43Duration of a determination under regulation 36, 37 or 38
  54. 44Revocation of a determination under regulation 36(5), 37(5) or 38(5)
  55. 45Protection by a company of secured information
  56. Part 8: TRANSITIONAL PROVISIONS, AMENDMENTS TO THE 2009 REGULATIONS AND REVIEW
  57. 46Transitional provision regarding the protection of secured information
  58. 47Transitional provision for the purpose of section 790K
  59. 48Amendments to the 2009 Regulations
  60. 49Review
  61. Signature
  62. Schedule 1: LIST OF MARKETS
  63. Paragraph
  64. Schedule 2: PARTICULARS REQUIRED AS TO NATURE OF CONTROL
  65. Part 1: First Condition
  66. 1Paragraph 1
  67. 2Paragraph 2
  68. 3Paragraph 3
  69. Part 2: Second Condition
  70. 4Paragraph 4
  71. 5Paragraph 5
  72. 6Paragraph 6
  73. Part 3: Third Condition
  74. 7Paragraph 7
  75. Part 4: Fourth Condition
  76. 8Paragraph 8
  77. Part 5: Fifth Condition and Trusts
  78. 9Paragraph 9
  79. 10Paragraph 10
  80. 11Paragraph 11
  81. 12Paragraph 12
  82. 13Paragraph 13
  83. 14Paragraph 14
  84. 15Paragraph 15
  85. 16Paragraph 16
  86. Part 6: Fifth Condition and Firms
  87. 17Paragraph 17
  88. 18Paragraph 18
  89. 19Paragraph 19
  90. 20Paragraph 20
  91. 21Paragraph 21
  92. 22Paragraph 22
  93. 23Paragraph 23
  94. 24Paragraph 24
  95. Part 7: Interpretation of Schedule 2
  96. 25Paragraph 25
  97. Schedule 3: SPECIFIED PUBLIC AUTHORITES
  98. Paragraph
  99. Schedule 4: CONDITIONS FOR PERMITTED DISCLOSURE
  100. Part 1: Disclosure to Specified Public Authorities
  101. 1Paragraph 1 Repealed
  102. 2Paragraph 2 Repealed
  103. 3Paragraph 3 Repealed
  104. 4Paragraph 4 Repealed
  105. 5Paragraph 5 Repealed
  106. Part 2: Disclosure to a Credit Reference Agency
  107. 6Paragraph 6
  108. 7Paragraph 7
  109. 8Paragraph 8
  110. 9Paragraph 9
  111. 10Paragraph 10
  112. 11Paragraph 11
  113. 12Paragraph 12
  114. 12ZAParagraph 12ZA
  115. Part 2A: Disclosure to a Credit Institution or a Financial Institution
  116. 12AParagraph 12A
  117. 12BParagraph 12B
  118. 12CParagraph 12C
  119. 12DParagraph 12D
  120. 12EParagraph 12E
  121. 12FParagraph 12F
  122. 12GParagraph 12G
  123. 12HParagraph 12H
  124. Part 3: Interpretation of this Schedule
  125. 13Paragraph 13
  126. 14Paragraph 14 Repealed
  127. Schedule 5: AMENDMENTS TO THE 2009 REGULATIONS
  128. 1Paragraph 1
  129. 2Paragraph 2
  130. 3Paragraph 3
  131. 4Paragraph 4
  132. 5Paragraph 5
  133. 6Paragraph 6
  134. 7Paragraph 7
  135. 8Paragraph 8
  136. 9Paragraph 9
  137. Explanatory note