C4C6C5C1C3C2Part 35The registrar of companies
Pt. 35 applied (with modifications) (31.12.2020) by The International Accounting Standards and European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/685), reg. 1(2), Sch. 3 para. 3; 2020 c. 1, Sch. 5 para. 1(1)
Pt. 35 modified (8.7.2021) by The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), reg. 2, Sch. 3 para. 5(b) (with reg. 5) (as amended (4.1.2024) by S.I. 2023/1399, regs. 1(2), 4, 21(7)(a))
Pt. 35 modified (21.2.2009) by The Banking Act 2009 (Parts 2 and 3 Consequential Amendments) Order 2009 (S.I. 2009/317), art. 6(1)(3)
Pt. 35 applied (with modifications) (8.2.2011) by The Investment Bank Special Administration Regulations 2011 (S.I. 2011/245), reg. 27, Sch. 6 Pt. 2 para. 5(3)
Pts. 1-39 (except for Pt. 7 and ss. 662-669), 45-47 extended (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), art. 5(1), Sch. 1 para. 2
Inspection etc of the register
C9C8C71087AF2F1Information about a person's date of birthF1Protection of date of birth information
F11
Information falls within this subsection at any time (“
the relevant time
”) if—
a
it is DOB information,
b
it is contained in a document delivered to the registrar that is protected at the relevant time as regards that information,
c
the document is one in which such information is required to be stated, and
d
if the document has more than one part, the part in which the information is contained is a part in which such information is required to be stated.
2
“DOB information” is information as to the day of the month (but not the month or year) on which a relevant person was born.
3
A “relevant person” is an individual—
a
who is a director of a company, or
b
whose particulars are stated in a company's PSC register as a registrable person in relation to that company (see Part 21A).
4
A document delivered to the registrar is “protected” at any time unless—
a
it is an election period document,
b
subsection (7) applies to it at the time, or
c
it was registered before this section comes into force.
5
As regards DOB information about a relevant person in his or her capacity as a director of the company, each of the following is an “election period document”—
a
a statement of the company's proposed officers delivered under section 9 in circumstances where the subscribers gave notice of election under section 167A (election to keep information on central register) in respect of the company's register of directors when the statement was delivered;
b
a document delivered by the company under section 167D (duty to notify registrar of changes while election in force).
6
As regards DOB information about a relevant person in his or her capacity as someone whose particulars are stated in the company's PSC register, each of the following is an “election period document”—
a
a statement of initial significant control delivered under section 9 in circumstances where the subscribers gave notice of election under section 790X in respect of the company when the statement was delivered;
b
a document containing a statement or updated statement delivered by the company under section 790X(6)(b) or (7) (statement accompanying notice of election made after incorporation);
c
a document delivered by the company under section 790ZA (duty to notify registrar of changes while election in force).
7
This subsection applies to a document if—
a
the DOB information relates to the relevant person in his or her capacity as a director of the company,
b
an election under section 167A is or has previously been in force in respect of the company's register of directors,
c
the document was delivered to the registrar at some point before that election took effect,
d
the relevant person was a director of the company when that election took effect, and
e
the document was either—
i
a statement of proposed officers delivered under section 9 naming the relevant person as someone who was to be a director of the company, or
ii
notice given under section 167 of the relevant person having become a director of the company.
8
Information about a person does not cease to fall within subsection (1) when he or she ceases to be a relevant person and, to that extent, references in this section to a relevant person include someone who used to be a relevant person.
9
Nothing in subsection (1) obliges the registrar to check other documents or (as the case may be) other parts of the document to ensure the absence of DOB information.
F11
The registrar must not make available for public inspection—
a
so much of any document delivered to the registrar as is required to contain relevant date of birth information;
b
any record of the information contained in part of a document that is unavailable because of paragraph (a).
2
This section has limited application in relation to documents delivered before it comes fully into force: see section 1087B.
3
“Relevant date of birth information” means—
a
information as to the day of the month (but not the month or year) on which a director (or proposed director) was born;
b
information as to the day of the month (but not the month or year) on which a registrable person in relation to the company was born.
4
Information about a director (or proposed director) or registrable person does not cease to be relevant date of birth information when they cease to be a director (or proposed director) or registrable person.
5
Subsection (1)(b) does not affect the availability for public inspection of the same information contained in material derived from a part of a document that was not required to contain the information.
6
In this section “registrable person”, in relation to a company, has the meaning given by section 790C(4).
Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))