Schedule 2Amendments to subordinate legislation

Scottish Partnerships (Register of People with Significant Control) Regulations 20178

1

The Scottish Partnerships (Register of People with Significant Control) Regulations 201724 are amended as follows.

2

In regulation 2, omit the definitions of “public authority”, “public function” and “specified public authority”.

3

In regulation 41—

a

in the heading omit “use or”;

b

in paragraph (3)—

i

for “the registrar must not use or disclose” substitute “the registrar must not disclose”;

ii

for sub-paragraph (a) substitute—

a

in accordance with section 1110F (disclosure by the registrar) of the Companies Act 2006, or

4

Omit regulation 42 (permitted use or disclosure by the registrar).

5

In regulation 45—

a

in the heading omit “use or”;

b

in paragraph (1) omit “use or”;

c

in paragraph (2)—

i

in sub-paragraph (a) omit “use or”;

ii

for sub-paragraph (b) substitute—

b

disclose secured information in accordance with section 1110F (disclosure by the registrar) of the Companies Act 2006; and

6

Omit regulation 46.

7

In regulation 48—

a

in the heading omit “using or”;

b

in paragraph (1) omit “using or”.

8

In regulation 49—

a

in the heading omit “using or”;

b

in paragraph (1) omit “using or”.

9

In regulation 50—

a

in the heading omit “using or”;

b

in paragraph (1) omit “using or”.

10

In regulation 56(1)(a) for “section 1112 of the Companies Act 2006 (general false statement offence)” substitute “section 1112 (false statements: basic offence) or section 1112A (false statements: aggravated offence) of the Companies Act 2006”.

11

In regulation 63, for section 1087B(2) of the Companies Act 2006, as applied to an eligible Scottish partnership by that regulation, substitute—

2

The registrar may disclose a person’s restricted DOB information in accordance with section 1110F (disclosure by the registrar) of this Act.

12

For regulation 65 substitute—

65

Section 108925 (form of application for inspection or copy) of the Companies Act 2006 applies in relation to information delivered to the registrar by an eligible Scottish partnership under these Regulations.

13

Omit regulation 67A.

14

For regulation 69 substitute—

69

Sections 1112 (false statements: basic offence) and 1112A (false statements: aggravated offence) of the Companies Act 2006 apply in relation to information delivered to the registrar by an eligible Scottish partnership under these Regulations modified so that any reference to “purpose of the Companies Acts” was read as “purpose of the Scottish Partnerships (Register of People with Significant Control) Regulations 2017”.

15

Omit Schedule 4 (specified public authorities).

16

In Schedule 5 (conditions for permitted disclosure)—

a

omit Part 1 (disclosure to specified public authorities);

b

in paragraph 14 omit—

i

sub-paragraph (b);

ii

“and” at the end of sub-paragraph (c);

iii

sub-paragraph (d).