Regulation 44 Circumstances in which the registrar must omit secured information from material on the register available for public inspection

(1)

In this Part and in Part 10 “secured information” means the required particulars of a registrable person in relation to an eligible Scottish partnership, other than the information that restrictions on using or disclosing the individual's required particulars are in force under this Part.

(2)

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 48, 49 or 50 which—

(i)

has not yet been determined by the registrar and has not been withdrawn under regulation 52 (withdrawal of an application);

(ii)

has been determined by the registrar in favour of the applicant and the determination has not ceased to have effect under regulation 55 (duration of a determination);

(iii)

was unsuccessful and the period of 42 days beginning with the date of the notice sent under regulation 48(5), 49(5) or 50(5) has not passed;

(iv)

was unsuccessful and an appeal to the court in respect of that application under regulation 53 (appealing against an unsuccessful application) has not been determined by the court; or

(v)

was unsuccessful and the applicant has successfully appealed the determination; F1...

(b)

the 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 F2; and

F3(c)

the document in which that information is contained appears on the register in respect of the eligible Scottish partnership mentioned in the application made under regulation 48, 49 or 50, as applicable.

(3)

The registrar is not obliged to check documents, other than those described in paragraph (2)(b), to ensure the absence of secured information in relation to which an application under regulation 48, 49 or 50 has been made.

(4)

If the secured information in relation to which an application under regulation 48, 49 or 50 is made is available for public inspection on the register at the time that the application is made, the registrar must comply with paragraph (2) as soon as reasonably practicable.

(5)

For the purposes of this regulation an application under regulation 48, 49 or 50 is made when it has been registered by the registrar.

Annotations

Textual amendments

F1: Word in reg. 44(2)(a)(v) omitted (21.7.2025) by virtue of The Protection and Disclosure of Personal Information (Amendment) Regulations 2025 (S.I. 2025/874), regs. 1(2)(a), 10(2)(a)
F2: Word in reg. 44(2)(b) substituted for full stop (21.7.2025) by The Protection and Disclosure of Personal Information (Amendment) Regulations 2025 (S.I. 2025/874), regs. 1(2)(a), 10(2)(b)
F3: Reg. 44(2)(c) inserted (21.7.2025) by The Protection and Disclosure of Personal Information (Amendment) Regulations 2025 (S.I. 2025/874), regs. 1(2)(a), 10(2)(c)