Regulation 45 Circumstances in which the registrar must not ... disclose secured informationF5
This regulation applies where the disclosure relates to the information as it appears on the register in respect of the eligible Scottish partnership mentioned in an application made under regulation 48, 49 or 50, as applicable.
Save as permitted in paragraph (2), the registrar must not F2... disclose secured information if an application under regulation 48, 49 or 50 has been made in relation to that information which—
has not yet been determined by the registrar and has not been withdrawn under regulation 52 (withdrawal of an application);
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);
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;
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
was unsuccessful and the applicant has successfully appealed the determination.
The registrar may—
F3... disclose secured information for communicating with the registrable person to whom the application under regulation 48, 49 or 50 relates and, if different, the applicant;
disclose secured information in accordance with section 1110F (disclosure by the registrar) of the Companies Act 2006; and
disclose the information specified in paragraph (3) on request to—
a credit institution, or
a financial institution
which satisfies the conditions specified in Part 2 of Schedule 5.
The secured information for disclosure under paragraph (2)(c) is, in relation to the registrable person—
the individual's name,
a service address,
the country or territory (or part of the United Kingdom) in which the individual is usually resident,
nationality,
the month and year of birth,
the date on which the individual became a registrable person in relation to the eligible Scottish partnership to which the secured information relates M1, and
the nature of the individual's control over that eligible Scottish partnership.
The registrar may rely on a statement delivered to the registrar by a credit institution or a financial institution under Part 2 of Schedule 5 as sufficient evidence of the matters stated therein.
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
Reg. 45(A1) inserted (21.7.2025) by The Protection and Disclosure of Personal Information (Amendment) Regulations 2025 (S.I. 2025/874), regs. 1(2)(a), 10(3)
- F2
Words in reg. 45(1) omitted (21.3.2024) by virtue of 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. 8(5)(b)
- F3
Words in reg. 45(2)(a) omitted (21.3.2024) by virtue of 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. 8(5)(c)(i)
- F4
Reg. 45(2)(b) substituted (21.3.2024) 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. 8(5)(c)(ii)
- F5
Words in reg. 45 heading omitted (21.3.2024) by virtue of 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. 8(5)(a)
Marginal citations
- M1
See regulation 17(5) in relation to an individual who is a registrable person on the commencement day.