Companies Act 2006

[F1CHAPTER 5U.K.Protection from disclosure

790ZF Protection of information as to usual residential addressU.K.

(1)The provisions of sections 240 to 244 (directors' residential addresses: protection from disclosure) apply to information within subsection (2) as to protected information within the meaning of those sections.

(2)The information within this subsection is—

(a)information as to the usual residential address of a person with significant control over a company, and

(b)the information that such a person's service address is his or her usual residential address.

F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3790ZG Power to make regulations protecting materialU.K.

(1)The Secretary of State may by regulations—

(a)require a company to refrain from using, or refrain from disclosing, relevant PSC particulars except in circumstances specified in the regulations;

(b)confer power on the registrar, on application, to make an order requiring a company to refrain from using, or refrain from disclosing, relevant PSC particulars except in circumstances specified in the regulations.

(2)“Relevant PSC particulars” means such particulars of a person with significant control over the company as may be prescribed.

(3)The reference in subsection (2) to a person with significant control over the company—

(a)includes a person who used to be such a person, but

(b)does not include any person in relation to which this Part has effect by virtue of section 790C(12) as if the person were an individual.

(4)Regulations under subsection (1)(b) may make provision as to—

(a)who may make an application;

(b)the grounds on which an application may be made;

(c)the information to be included in and documents to accompany an application;

(d)how an application is to be determined;

(e)the notice to be given of an application and its outcome;

(f)the duration of and procedures for revoking the restrictions on use and disclosure.

(5)Provision under subsection (4) may in particular—

(a)confer a discretion on the registrar;

(b)provide for a question to be referred to a person other than the registrar for the purposes of determining the application or revoking the restrictions.

(6)Regulations under this section are subject to affirmative resolution procedure.

(7)Nothing in this section or in regulations made under it affects the use or disclosure of particulars of a person in any other capacity (for example, the use or disclosure of particulars of a person in that person‘s capacity as a member or director of the company).]

[F3790ZHOffence of failing to comply with regulations under section 790ZGU.K.

(1)If a company contravenes a restriction on the use or disclosure of information imposed by virtue of regulations under subsection 790ZG, an offence is committed by—

(a)the company, and

(b)every officer of the company who is in default.

(2)A person guilty of an offence under this section is liable on summary conviction—

(a)in England and Wales, to a fine;

(b)in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 5 on the standard scale.]]