Citation and commencement

1.  These Regulations may be cited as the Registrar of Companies (Fees) (Amendment) Regulations 2016 and shall come into force on 30th June 2016.

Interpretation

2.  In these Regulations—

“annual return” means a return described in section 854 of the Companies Act 2006;

“the Fees Regulations 2012” means the Registrar of Companies (Fees) (Companies, Overseas Companies and Limited Liability Partnerships) Regulations 2012(2);

“return date” has the meaning given in section 854(2) of the Companies Act 2006.

Amendment to the Fees Regulations 2012

3.  The Fees Regulations 2012 are amended as follows.

4.  For regulation 6 substitute—

“Fees payable in respect of the disclosure of information not made available for public inspection

6.  Schedule 3 to these Regulations makes provision for the fees that are payable to the registrar in respect of,

(a)the disclosure of protected information relating to a director of a company, a director and permanent representative of an overseas company and a member of a limited liability partnership,

(b)the disclosure of restricted DOB information relating to,

(i)a director of a company,

(ii)a director of an overseas company,

(iii)a member of a limited liability partnership, and

(iv)an individual whose particulars are stated in a company’s or limited liability partnership’s PSC register as a registrable person, and

(c)the disclosure of information within section 790ZF(2) of the 2006 Act or that section as applied to limited liability partnerships by regulation 31L of the Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009(3).”

5.—(1) Schedule 1 is amended as follows.

(2) In paragraph 4 for sub-paragraph (1) substitute—

“(1) In this Schedule in relation to a company or a limited liability partnership a “relevant period” means one of the following periods—

(a)the period of 12 months beginning with the day of the company’s or limited liability partnership’s incorporation; or

(b)each period of 12 months beginning with the day after the end of the previous relevant period.”

(3) In paragraph 8(a)(i) in the second column (amount of fee) for “£15.00” substitute “£12.00”.

(4) In paragraph 8(a)(iii) in the second column (amount of fee) for “£13.00” substitute “£10.00”.

(5) In paragraph 8(a) omit paragraph (vi).

(6) In paragraph 8 for sub-paragraph (f) and the fees specified in relation to that sub-paragraph in the second column (amount of fee) substitute—

(7) In paragraph 8 for sub-paragraph (h) and the fees specified in relation to that sub-paragraph in the second column (amount of fee) substitute—

(8) In paragraph 10(a)(ii) in the second column (amount of fee) for “£13.00” substitute “£10.00”.

(9) In paragraph 10 for sub-paragraph (b) and the fees specified in relation to that sub-paragraph in the second column (amount of fee) substitute—

(10) In paragraph 10 for sub-paragraph (d) and the fees specified in relation to that sub-paragraph in the second column (amount of fee) substitute—

6.—(1) Schedule 2 is amended as follows.

(2) In paragraph 1 in the definition of “Companies House Information Centre” after ““searchroom terminal”” omit “means a computer terminal operated by an applicant at a CHIC;” and insert “means a computer terminal through which information is accessed by an applicant by means of an access card at a CHIC;”.

(3) In paragraph 1 in the definition of “WebCHeck” after “registrar” insert “at http://wck2.companieshouse.gov.uk”.

(4) In paragraph 7(j)(i) in the second column (amount of fee) for “£60.00” substitute “£50.00”.

(5) In paragraph 7(j)(ii) in the second column (amount of fee) for “£20.00” substitute “£15.00”.

(6) In paragraph 7(j)(iii) in the second column (amount of fee) for “£20.00” substitute “£15.00”.

(7) In paragraph 7(j)(iv) in the second column (amount of fee) for “£60.00” substitute “£50.00”.

(8) In paragraph 7(k)(i) in the second column (amount of fee) for “£20.00” substitute “£15.00”.

(9) In paragraph 7(k)(ii) in the second column (amount of fee) for “£60.00” substitute “£50.00”.

(10) In paragraph 7(l)(i) in the second column (amount of fee) for “£20.00” substitute “£15.00”.

(11) In paragraph 7(l)(ii) in the second column (amount of fee) for “£60.00” substitute “£50.00”.

(12) In paragraph 11(j) in the first column (matter in relation to which fee is payable) after “terminal” insert “or any other computer”.

(13) In paragraph 11(k)(i) in the second column (amount of fee) for “£20.00” substitute “£15.00”.

(14) In paragraph 11(k)(iii) in the second column (amount of fee) for “£60.00” substitute “£50.00”.

(15) In paragraph 11(l)(i) in the second column (amount of fee) for “£20.00” substitute “£15.00”.

(16) In paragraph 11(l)(iii) in the second column (amount of fee) for “£60.00” substitute “£50.00”.

(17) In paragraph 11(m)(i) in the second column (amount of fee) for “£20.00” substitute “£15.00”.

(18) In paragraph 11(m)(ii) in the second column (amount of fee) for “£60.00” substitute “£50.00”.

(19) In paragraph 11(n)(i) in the second column (amount of fee) for “£20.00” substitute “£15.00”.

(20) In paragraph 11(n)(ii) in the second column (amount of fee) for “£60.00” substitute “£50.00”.

(21) In paragraph 12(m)(i) in the second column (amount of fee) for “£20.00” substitute “£15.00”.

(22) In paragraph 12(m)(ii) in the second column (amount of fee) for “£60.00” substitute “£50.00”.

(23) In paragraph 12(n)(i) in the second column (amount of fee) for “£20.00” substitute “£15.00”.

(24) In paragraph 12(n)(ii) in the second column (amount of fee) for “£60.00” substitute “£50.00”.

(25) In paragraph 12(o)(i) in the second column (amount of fee) for “£20.00” substitute “£15.00”.

(26) In paragraph 12(o)(ii) in the second column (amount of fee) for “£60.00” substitute “£50.00”.

(27) In paragraph 12(p)(i) in the second column (amount of fee) for “£20.00” substitute “£15.00”.

(28) In paragraph 12(p)(ii) in the second column (amount of fee) for “£60.00” substitute “£50.00”.

7.  For Schedule 3 substitute—

Regulation 6

“SCHEDULE 3THE PERFORMANCE OF FUNCTIONS RELATING TO THE DISCLOSURE OF INFORMATION NOT MADE AVAILABLE FOR PUBLIC INSPECTION

Interpretation

1.—(1) In this Schedule—

“particulars of the usual residential address of a specified director” or “particulars of the usual residential address of a specified PSC” means the following information—

the house name or number,

the street,

the area,

the post town,

the region,

the country, and

the postcode, or

if appropriate a statement that the usual residential address is the same as a service address;

“the CDA Regulations” means the Companies (Disclosure of Address) Regulations 2009(4);

“the LLP Regulations” have the same meaning given to them in paragraph 1 of Schedule 1 to these Regulations;

“the LLP PSC Regulations” means the Limited Liability Partnerships (Register of People with Significant Control) Regulations 2016(5);

“the OC Regulations” have the same meaning given to them in paragraph 1 of Schedule 1 to these Regulations;

“PSC” means an individual whose particulars are stated in a company’s or limited liability partnership’s PSC register as a registrable person;

“the PSC Regulations” means the Register of People with Significant Control Regulations 2016(6).

2.  In this Schedule—

(a)any reference to a director is also a reference to a member of a limited liability partnership; and

(b)any such reference in respect of an overseas company except in paragraph 4(b) is also a reference to a permanent representative of that company as that expression is used in the OC Regulations.

Protected information

3.  Subject to paragraphs 6 and 7, in respect of the performance of the registrar’s functions in relation to the inspection of the register and the provision of copies of material on the register, where that material is protected information to which section 242(1) of the 2006 Act or that section as applied to limited liability partnerships by regulation 19 of the LLP Regulations or regulation 21(1) of the OC Regulations apply, the following fees are payable—

Restricted DOB information

4.  Subject to paragraphs 6 and 7, in respect of the performance of the registrar’s functions in relation to the inspection of the register and the provision of copies of material on the register, where that material is restricted DOB information within section 1087A(1) of the 2006 Act or that section as applied to limited liability partnerships by regulation 66 of the LLP Regulations, the following fees are payable—

Section 790ZF(2) information

5.  Subject to paragraphs 6 and 7, in respect of the performance of the registrar’s function in relation to the inspection of the register and the provision of copies of material on the register, where that material is information within section 790ZF(2) of the 2006 Act or that section as applied to limited liability partnerships by regulation 31L of the LLP Regulations, the following fees are payable—

Modifications to paragraphs 3(a), 4(a) and 5(a)

6.—(1) Only one fee is payable under paragraph 3(a) where a specified public authority or a credit reference agency on the same occasion makes an application for the disclosure of protected information in respect of companies, limited liability partnerships and overseas companies (or any combination of them) to which the fee prescribed in paragraph 3(a) is payable.

(2) Only one fee is payable under paragraph 4(a) where a specified public authority or a credit reference agency on the same occasion makes an application for the disclosure of restricted DOB information in respect of companies, limited liability partnerships and overseas companies (or any combination of them) to which the fee prescribed in paragraph 4(a) is payable.

(3) Only one fee is payable under paragraph 5(a) where a specified public authority or a credit reference agency on the same occasion makes an application for the disclosure of information within section 790ZF(2) of the 2006 Act in respect of companies and limited liability partnerships to which the fee prescribed in paragraph 5(a) is payable.

(4) Only one fee is payable under paragraph 3(a), 4(a) or 5(a) where a specified public authority or a credit reference agency on the same occasion makes an application to which the fee prescribed in paragraphs 3(a), 4(a) and 5(a) (or any combination of them) is payable.

(5) The fee prescribed in paragraphs 3(a), 4(a) and 5(a) or any one or more of them is not payable where—

(a)a specified public authority or a credit reference agency makes an application to which the fee in paragraphs 3(a), 4(a) and 5(a) or any one or more of them is payable, and

(b)that authority or agency on an earlier occasion made an application to which the fee prescribed in paragraphs 3(a), 4(a) and 5(a) or any one or more of them was payable.

Modifications to paragraphs 3(b) and 4(b) and paragraphs 4(c) and 5(b)

7.—(1) Only one fee is payable under paragraph 3(b) or 4(b) where—

(a)a specified public authority or a credit reference agency requests information to which the fee prescribed in paragraphs 3(b) and 4(b) is payable,

(b)those requests are made on the same occasion, and

(c)relate to the same specified director.

(2) Only one fee is payable under paragraph 4(c) or 5(b) where—

(a)a specified public authority or a credit reference agency requests information to which the fee prescribed in paragraphs 4(c) and 5(b) is payable,

(b)those requests are made on the same occasion, and

(c)relate to the same specified PSC.”

Amendment to the Registrar of Companies (Fees) (European Economic Interest Grouping and European Public Limited-Liability Company) Regulations 2012

8.  The Registrar of Companies (Fees) (European Economic Interest Grouping and European Public Limited-Liability Company) Regulations 2012(8) are amended as follows.

9.  In regulation 2 (interpretation) insert—

“the “EEIG Regulations” means the European Economic Interest Grouping Regulations 1989(9);”

10.  After regulation 4 insert—

“Fees payable in respect of the disclosure of restricted DOB information

4A.  Schedule 3 to these Regulations makes provision for the fees that are payable to the registrar in respect of the disclosure of restricted DOB information relating to a manager of an EEIG.”

11.—(1) Schedule 1 is amended as follows.

(2) In the heading to paragraph 1 omit “and “the EEIG Regulations””.

(3) In paragraph 1(1) omit the definition of ““EEIG Regulations””.

(4) In paragraph 1(2) for “enactments” substitute “enactment” where it first appears and after “sub-paragraph (1)” insert “and the EEIG Regulations”.

(5) In paragraph 5(d) in the second column (amount of fee) for “£13.00” substitute “£23.00”.

12.—(1) Schedule 2 is amended as follows.

(2) In paragraph 1 in the definition of “Companies House Information Centre” after ““searchroom terminal”” omit “means a computer terminal operated by an applicant at a CHIC;” and insert “means a computer terminal through which information is accessed by an applicant by means of an access card at a CHIC;”

(3) In paragraph 1 in the definition of “WebCHeck” after “registrar” insert “at http://wck2.companieshouse.gov.uk.”

(4) In paragraph 3(f)(i) in the second column (amount of fee) for “£60.00” substitute “£50.00”.

(5) In paragraph 3(f)(ii) in the second column (amount of fee) for “£20.00” substitute “£15.00”.

(6) In paragraph 3(f)(iii) in the second column (amount of fee) for “£20.00” substitute “£15.00”.

(7) In paragraph 3(f)(iv) in the second column (amount of fee) for “£60.00” substitute “£50.00”.

(8) In paragraph 7(g) in the first column (matter in relation to which the fee is payable) after “terminal” insert “or any other computer”.

(9) In paragraph 7(h)(i) in the second column (amount of fee) for “£20.00” substitute “£15.00”.

(10) In paragraph 7(h)(iii) in the second column (amount of fee) for “£60.00” substitute “£50.00”.

(11) In paragraph 7(i)(i) in the second column (amount of fee) for “£20.00” substitute “£15.00”.

(12) In paragraph 7(i)(iii) in the second column (amount of fee) for “£60.00” substitute “£50.00”.

(13) In paragraph 8(f)(i) in the second column (amount of fee) for “£20.00” substitute “£15.00”.

(14) In paragraph 8(f)(ii) in the second column (amount of fee) for “£60.00” substitute “£50.00”.

(15) In paragraph 8(g)(i) in the second column (amount of fee) for “£20.00” substitute “£15.00”.

(16) In paragraph 8(g)(ii) in the second column (amount of fee) for “£60.00” substitute “£50.00”.

13.  After Schedule 2 insert—

Regulation 4A

“SCHEDULE 3THE PERFORMANCE OF FUNCTIONS RELATING TO THE DISCLOSURE OF RESTRICTED DOB INFORMATION

1.  In respect of the performance of the registrar’s function in relation to the inspection of material kept by the registrar and the provision of the copies of material kept by the registrar in respect of EEIGs, where that material is restricted DOB information to which section 1087A(1) of the 2006 Act as applied to EEIGs by paragraph 32A of Schedule 4 to the EEIG Regulations(10) applies, the following fees are payable—

Amendment to the Registrar of Companies (Fees) (Limited Partnerships and Newspaper Proprietors) Regulations 2009

14.  The Registrar of Companies (Fees) (Limited Partnerships and Newspaper Proprietors) Regulations 2009(12) are amended as follows.

15.  In regulation 2 (interpretation) omit the definition of “the register of the proprietors of newspapers”.

16.  In regulation 3 after “partnerships” omit “and the register of the proprietors of newspapers”.

17.—(1) Schedule 1 is amended as follows.

(2) In the heading to paragraph 1 omit ““the 1881 Act” and”.

(3) In paragraph 1(1) omit the definition of “the 1881 Act”.

(4) For paragraph 1(2) substitute—

“(2) Words and expressions used in the LP Act have the same meaning when used in this Schedule as they have in that Act.”

(5) Omit paragraph 6.

18.—(1) Schedule 2 is amended as follows.

(2) In paragraph 4(b)(i) in the second column (amount of fee) for “£20.00” substitute “£15.00”.

(3) In paragraph 4(b)(ii) in the second column (amount of fee) for “£60.00” substitute “£50.00”.

(4) In paragraph 4(c)(i) in the second column (amount of fee) for “£20.00” substitute “£15.00”.

(5) In paragraph 4(c)(ii) in the second column (amount of fee) for “£60.00” substitute “£50.00”.

(6) In paragraph 5(e)(i) in the second column (amount of fee) for “£20.00” substitute “£15.00”.

(7) In paragraph 5(e)(iii) in the second column (amount of fee) for “£60.00” substitute “£50.00”.

(8) In paragraph 5(f)(i) in the second column (amount of fee) for “£20.00” substitute “£15.00”.

(9) In paragraph 5(f)(iii) in the second column (amount of fee) for “£60.00” substitute “£50.00”.

(10) In paragraph 5(g)(i) in the second column (amount of fee) for “£20.00” substitute “£15.00”.

(11) In paragraph 5(g)(ii) in the second column (amount of fee) for “£60.00” substitute “£50.00”.

(12) In paragraph 5(h)(i) in the second column (amount of fee) for “£20.00” substitute “£15.00”.

(13) In paragraph 5(h)(ii) in the second column (amount of fee) for “£60.00” substitute “£50.00”.

(14) In paragraph 6(c)(i) in the second column (amount of fee) for “£20.00” substitute “£15.00”.

(15) In paragraph 6(c)(ii) in the second column (amount of fee) for “£60.00” substitute “£50.00”.

(16) In paragraph 6(d)(i) in the second column (amount of fee) for “£20.00” substitute “£15.00”.

(17) In paragraph 6(d)(ii) in the second column (amount of fee) for “£60.00” substitute “£50.00”.

(18) In paragraph 6(e)(i) in the second column (amount of fee) for “£20.00” substitute “£15.00”.

(19) In paragraph 6(e)(ii) in the second column (amount of fee) for “£60.00” substitute “£50.00”.

(20) In paragraph 6(f)(i) in the second column (amount of fee) for “£20.00” substitute “£15.00”.

(21) In paragraph 6(f)(ii) in the second column (amount of fee) for “£60.00” substitute “£50.00”.

Transitional and savings provisions

19.—(1) The amendments made by regulations 5 and 11 do not have effect in respect of any registration where every document necessary for the registrar to effect such an act is delivered to the registrar before 30th June 2016.

(2) The amendments made by regulations 5(2), 5(6) and 5(9) do not have any effect in relation to annual returns to be made up to a return date before 30th June 2016.

(3) The amendments made by regulations 5 and 11 do not have effect where any document delivered to the registrar on or before 29th June 2016 is registered on or after 30th June 2016.

20.  In relation to a company or a limited liability partnership that is incorporated on 30th June 2015, paragraph 4(1)(a) of Schedule 1 to the Fees Regulations 2012 as amended by these Regulations has effect as if it read—

“(a)the period of 12 months beginning with the day after the company’s or limited liability partnership’s incorporation;”

21.  Any reference in paragraphs 4(1), 8(f) and 10(b) of Schedule 1 to the Fees Regulations 2012 as amended by these Regulations to a relevant period is to be read as including the period of 12 months beginning with the day after the company’s or limited liability partnership’s last return date.

22.  The amendments made by regulations 4, 6, 7, 10, 12, 13 and 18 do not have effect in respect of any application or request received by the registrar before 30th June 2016.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Registrar of Companies (Fees) (Companies, Overseas Companies and Limited Liability Partnerships) Regulations 2012 (S.I. 2012/1907), the Registrar of Companies (Fees) (European Economic Interest Grouping and European Public Limited-Liability Company) Regulations 2012 (S.I. 2012/1908) and the Registrar of Companies (Fees) (Limited Partnerships and Newspaper Proprietors) Regulations 2009 (S.I. 2009/2392) which require payment of fees in respect of functions performed by the registrar of companies relating to companies, overseas companies, limited liability partnerships (“LLPs”), European Economic Interest Groupings (“EEIGs”), European Public Limited-Liability Companies, limited partnerships and the register of newspaper proprietors.

Regulations 4 and 7 substitute regulation 6 and Schedule 3 to the Registrar of Companies (Fees) (Companies, Overseas Companies and Limited Liability Partnerships) Regulations 2012 to include (in addition to protected information) provision for fees for the disclosure of restricted DOB information and information within section 790ZF(2) of the Companies Act 2006 (“the 2006 Act”). The disclosure of restricted DOB information relates to,

(a)directors of companies and overseas companies,

(b)members of LLPs, and

(c)people with significant control of companies or LLPs.

The disclosure of information within section 790ZF(2) of the 2006 Act relates to people with significant control of companies or LLPs. Modifications apply to the fees set out in Schedule 3 in specified circumstances. This amendment also removes the fees for the bulk electronic transfer of protected information. Regulations 10 and 13 make equivalent changes for the disclosure of restricted DOB information relating to the manager of an EEIG.

Regulation 5 amends registration fees as follows,

(a)the registration of a company under section 14 of the 2006 Act where the documents are delivered by the Web Incorporation Service reduces from £15.00 to £12.00, and the Software Incorporation Service reduces from £13.00 to £10.00,

(b)the registration of a Welsh company under section 14 of the 2006 Act where the required documents are delivered in Welsh in hard copy form increases from £20.00 to £40.00,

(c)the registration of a limited liability partnership under section 3 of the Limited Liability Partnerships Act 2000 where the documents are delivered by electronic means reduces from £13.00 to £10.00, and

(d)the registration of a charge under Part 25 of the 2006 Act by a company where the documents are delivered in hard copy increase from £13.00 to £23.00 and where documents are delivered electronically increases from £10.00 to £15.00. Regulation 5(10) makes equivalent provision for LLPs and regulation 11(5) makes equivalent provision for EEIGs.

Regulation 5 also repeals the fee payable on registration of an annual return by a company or LLP and substitutes it with the same fee payable on registration of a confirmation statement. This change is a consequence of an amendment to the 2006 Act by the Small Business, Enterprise and Employment Act 2015.

Regulation 6 amends the fees in respect of companies and LLPs for the provision of a copy document certified under section 1091 of the 2006 Act and a copy certificate of incorporation under section 1065 of the 2006 Act applied for by means of Companies House Direct, Companies House Information Centre or Companies House Contact Centre. The fees reduce for same day delivery or collection from £60.00 to £50.00 and other than same day delivery or collection from £20.00 to £15.00. Regulation 12 makes equivalent provision for EEIGs and regulation 18 makes equivalent provision for limited partnerships. Amendments are also made to the definitions of WebCHeck and searchroom terminal to distinguish those terms from a new free electronic inspection service.

Regulations 15, 16, and 17 amend the Registrar of Companies (Fees) (Limited Partnerships and Newspaper Proprietors) Regulations 2009 to remove fees concerning the register of newspaper proprietors. This is as a consequence of the repeal of the majority of the Newspaper Libel and Registration Act 1881 by the Deregulation Act 2015.

Regulations 19 to 22 set out transitional and saving provisions.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Strategy and Policy section, Companies House, Crown Way, Maindy, Cardiff, CF14 3UZ and is annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk.