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The Scottish Partnerships (Register of People with Significant Control) Regulations 2017

S.I. 2017/694 · Made 22 June 2017 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 18 November 2025.

Companies

Made 22nd June 2017

Laid before Parliament 23rd June 2017

Coming into force in accordance with regulation 1

The Secretary of State, being a Minister designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to the creation, operation, regulation or dissolution of companies and other forms of business organisation, makes the following Regulations in exercise of the powers conferred by section 2(2) of that Act.

Annotations to the whole text

Marginal citations

M1

S.I. 2007/193.

M2

1972 c.68; section 2(2) was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7). The enabling powers in section 2(2) were extended by virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c. 51).

Contents

  1. Part 1: General Introductory Provisions
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Key terms
  5. Part 2: Amendment of registration requirement for Scottish Limited Partnerships
  6. 4Amendment of the Limited Partnerships Act 1907
  7. Part 3: Registration of Scottish qualifying partnerships
  8. 5Duty on Scottish qualifying partnerships to register
  9. 6Registration information
  10. 7Notification of changes to the registration information
  11. 8Effect of a partnership ceasing to be a Scottish qualifying partnership
  12. 9Offences in relation to registration
  13. Part 4: Information duties
  14. 10Duty to investigate and obtain information
  15. 11Duty to keep information up to date
  16. 12Failure by an eligible Scottish partnership to comply with information duties
  17. 13Duty on others to supply information
  18. 14Duty on others to update information
  19. 15Enforcement of disclosure requirements
  20. 16Power to make exemptions
  21. 17Required particulars
  22. 18Nature of control over an eligible Scottish partnership
  23. Part 5: Duties to deliver information to the registrar
  24. 19Duty to deliver information to the registrar
  25. 20Duty to deliver information about a relevant change
  26. 21Meaning of “confirmed”
  27. 22Usual residential address
  28. 23Additional matters to be notified to the registrar where there is no registrable person or registrable relevant legal entity
  29. 24Additional matters where there is an unidentified registrable person
  30. 25Additional matters where an identified registrable person's particulars are not confirmed
  31. 26Additional matters where investigations by an eligible Scottish partnership are ongoing
  32. 27Additional matters where there is a failure to comply with a notice given under regulation 10
  33. 28Additional matters where there is a failure to comply with a notice given under regulation 11
  34. 29Additional matters where a notice given under regulation 10 or 11 is complied with after the time specified in the notice
  35. 30Additional matters where an eligible Scottish partnership has issued a restrictions notice
  36. 31End-dating of additional matters
  37. 32Offences in relation to this Part
  38. 33Information as to the state of the register
  39. 34Power of court to order an eligible Scottish partnership to remedy default or delay
  40. Part 6: Confirmation statement
  41. 35Duty to deliver a confirmation statement
  42. 36Meaning of “confirmation period” and “confirmation date”
  43. 37Review period
  44. 38Failure to deliver a confirmation statement
  45. Part 7: The protection of usual residential address information
  46. 39Information as to usual residential address
  47. 40Restriction on use or disclosure of URA information by an eligible Scottish partnership
  48. 41Restriction on ... disclosure of URA information by the registrar
  49. 42Permitted use or disclosure by the registrar Repealed
  50. 43Disclosure under court order
  51. Part 8: The protection of secured information
  52. 44Circumstances in which the registrar must omit secured information from material on the register available for public inspection
  53. 45Circumstances in which the registrar must not ... disclose secured information
  54. 46Fee payable for the disclosure by the registrar of secured information to a specified public authority Repealed
  55. 47Fee payable for the disclosure by the registrar of secured information to a credit institution or a financial institution
  56. 48Application by an individual requiring the registrar to refrain from ... disclosing that individual's secured information
  57. 49Application by an eligible Scottish partnership requiring the registrar to refrain from ... disclosing an individual's secured information
  58. 50Application by a prospective partner in a prospective eligible Scottish partnership requiring the registrar to refrain from ... disclosing an individual's secured information
  59. 51Matters relating to an application made under regulation 48, 49 or 50
  60. 52Withdrawal of an application made under regulation 48, 49 or 50
  61. 53Appeal against an unsuccessful application made under regulation 48, 49 or 50
  62. 54Unsuccessful determination made under regulation 48, 49 or 50
  63. 55Duration of a determination under regulation 48, 49 or 50
  64. 56Revocation of a determination under regulation 48(5), 49(5) or 50(5)
  65. 57Protection by an eligible Scottish partnership of secured information
  66. Part 9: Application of the Companies Act 2006
  67. 58Application of Part 35 of the Companies Act 2006
  68. 58ARegulation 58A
  69. 59Regulation 59
  70. 59ARegulation 59A
  71. 60Regulation 60
  72. 61Regulation 61
  73. 61ARegulation 61A
  74. 62Regulation 62
  75. 63Regulation 63
  76. 64Regulation 64
  77. 65Regulation 65
  78. 66Regulation 66
  79. 67Regulation 67
  80. 67ARegulation 67A Repealed
  81. 68Regulation 68
  82. 69Regulation 69
  83. 70Application of Part 36 of the Companies Act 2006
  84. 71Regulation 71
  85. 72Regulation 72
  86. 73Regulation 73
  87. 74Regulation 74
  88. 75Application of Part 37 of the Companies Act 2006
  89. 76Regulation 76
  90. 77Interpretation of this Part
  91. Part 10: Consequential amendments, transitional provision, and review
  92. 78Consequential amendment to the Companies Act 2006
  93. 79Consequential amendment to the Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009
  94. 80Transitional provision in relation to regulations 78 and 79
  95. 81Consequential amendment to the Limited Partnerships (Forms) Rules 2009
  96. 82Protection for registrable persons applying for protection of secured information
  97. 83Review
  98. Signature
  99. Schedule 1: References to people with significant control over an eligible Scottish partnership
  100. Part 1: The specified conditions
  101. 1Introduction
  102. 2Ownership of right to surplus assets on a winding up
  103. 3Ownership of voting rights
  104. 4Ownership of right to appoint or remove the persons entitled to manage the eligible Scottish partnership
  105. 5Significant influence or control
  106. 6Trusts, partnerships etc.
  107. Part 2: Holding an interest in an eligible Scottish partnership etc.
  108. 7Introduction
  109. 8Holding an interest
  110. 9Interests held through a legal entity
  111. Part 3: Interpretation of Schedule 1
  112. 10Introduction
  113. 11Joint interests and joint arrangements
  114. 12The right to surplus assets of an eligible Scottish partnership on a winding up
  115. 13Right held “indirectly”
  116. 14Voting rights and the right to appoint or remove persons entitled to take part in management
  117. 15Rights held by nominees
  118. 16Rights treated as held by person who controls their exercise
  119. 17Rights exercisable only in certain circumstances etc.
  120. 18Rights attached to shares held by way of security
  121. 19Meaning of “significant influence or control”
  122. Schedule 2: Enforcement of disclosure requirements
  123. 1Right to issue restrictions notice
  124. 2Relevant interests
  125. 3Effect of restrictions notice
  126. 4Protection of third party rights
  127. 5Breach of restrictions
  128. 6Paragraph 6
  129. 7Relaxation of restrictions
  130. 8Orders for sale
  131. 9Paragraph 9
  132. 10The power of an eligible Scottish partnership to withdraw restrictions notice
  133. 11Content of a warning notice
  134. 12Content of a restrictions notice
  135. 13Failure to comply with a regulation 10 or 11 notice: valid reason
  136. 14Withdrawal of a restrictions notice
  137. 15Offences for failing to comply with notices
  138. 16Offences for failing to provide information
  139. Schedule 3: Statements required as to the nature of control
  140. Part 1: First Condition
  141. 1Paragraph 1
  142. 2Paragraph 2
  143. 3Paragraph 3
  144. Part 2: Second Condition
  145. 4Paragraph 4
  146. 5Paragraph 5
  147. 6Paragraph 6
  148. Part 3: Third Condition
  149. 7Paragraph 7
  150. Part 4: Fourth Condition
  151. 8Paragraph 8
  152. Part 5: Fifth Condition and Trusts
  153. 9Paragraph 9
  154. 10Paragraph 10
  155. 11Paragraph 11
  156. 12Paragraph 12
  157. 13Paragraph 13
  158. 14Paragraph 14
  159. 15Paragraph 15
  160. 16Paragraph 16
  161. Part 6: Fifth Condition and Firms
  162. 17Paragraph 17
  163. 18Paragraph 18
  164. 19Paragraph 19
  165. 20Paragraph 20
  166. 21Paragraph 21
  167. 22Paragraph 22
  168. 23Paragraph 23
  169. 24Paragraph 24
  170. Part 7: Interpretation of Schedule 3
  171. 25Paragraph 25
  172. Schedule 4: Specified public authorities Repealed
  173. Paragraph Repealed
  174. Schedule 5: Conditions for permitted disclosure
  175. Part 1: Disclosure to Specified Public Authorities Repealed
  176. 1Paragraph 1 Repealed
  177. 2Paragraph 2 Repealed
  178. 3Paragraph 3 Repealed
  179. 4Paragraph 4 Repealed
  180. 5Paragraph 5 Repealed
  181. Part 2: Disclosure to a Credit Institution or a Financial Institution
  182. 6Paragraph 6
  183. 7Paragraph 7
  184. 8Paragraph 8
  185. 9Paragraph 9
  186. 10Paragraph 10
  187. 11Paragraph 11
  188. 12Paragraph 12
  189. 13Paragraph 13
  190. Part 3: Interpretation of Schedule 5
  191. 14Paragraph 14
  192. Schedule 6New Schedule to the Limited Partnerships (Forms) Rules 2009
  193. Explanatory note