The Register of Overseas Entities (Delivery, Protection and Trust Services) Regulations 2022

Circumstances where the registrar must not disclose protected information

6.—(1) Subject to paragraph (3), the registrar must not disclose protected information if in relation to that information an application has been made under regulation 7 which—

(a) has not yet been determined by the registrar and has not been withdrawn under regulation 9;

(b) has been determined by the registrar in favour of the applicant (but see paragraph (2));

(c) was unsuccessful and a period of 42 days beginning with the date of the notice sent under regulation 7(7) has not passed;

(d) was unsuccessful and an appeal to the court in respect of that application under regulation 10 has not been determined by the court; or

(e) was unsuccessful but the applicant has successfully appealed the determination and the final determination is that the application is successful (but see paragraph (2)).

(2) Sub-paragraphs (b) and (e) of paragraph (1) do not apply where the determination has ceased to have effect under regulation 12 (duration of a determination under regulation 7).

(3) Where the prohibition in paragraph (1) applies, the registrar may disclose that protected information—

(a) for communicating with the person to whom the application under regulation 7 relates and, if different, the applicant;

(b) to a specified public authority where the conditions specified in Schedule 2 are satisfied; and

(c) for the purposes of referring any question under regulation 8(1)(b).

(4) For the purposes of this regulation, an application under regulation 7 is made when it has been registered by the registrar.