Companies Act 2006

1087 Material not available for public inspection U.K.

(1) The following material must not be made available by the registrar for public inspection—

(a) the contents of any document sent to the registrar containing views expressed pursuant to section 56 (comments on proposal by company to use certain words or expressions in company name);

(b) protected information within section 242(1) (directors' residential addresses: restriction on disclosure by registrar) or any corresponding provision of regulations under section 1046 (overseas companies);

[F1 (ba) representations received by the registrar in response to a notice under—

(i) section 245(2) F2 (notice of proposal to put director's usual residential address on the public record), or

(ii) any corresponding provision of regulations under section 1046 (overseas companies);]

[F3 (bb) information to which sections 240 to 244 are applied by section 790ZF(1) (residential addresses of people with significant control over the company) or any corresponding provision of regulations under section 1046 (overseas companies);

(bc) information that, by virtue of regulations under section 790ZG or any corresponding provision of regulations under section 1046, the registrar must omit from the material on the register that is available for inspection;]

(c) any application to the registrar under section 1024 (application for administrative restoration to the register) that has not yet been determined or was not successful;

(d) any document received by the registrar in connection with the giving or withdrawal of consent under section 1075 (informal correction of documents);

[F4 (da) information falling within section 1087A(1) (information about a person's date of birth);]

(e) any application or other document delivered to the registrar under section 1088 (application to make address unavailable for public inspection) and any address in respect of which such an application is successful;

(f) any application or other document delivered to the registrar under section 1095 (application for rectification of register);

(g) any court order under section 1096 (rectification of the register under court order) that the court has directed under section 1097 (powers of court on ordering removal of material from the register) is not to be made available for public inspection;

[F5 (ga) any application or other document delivered to the registrar under section 1097A (rectification of company registered office) other than an order or direction of the court;]

[F6 (h) F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

(i) any e-mail address, identification code or password deriving from a document delivered for the purpose of authorising or facilitating electronic filing procedures or providing information by telephone;

[F8 (j) the contents of any documents held by the registrar pending a decision of the Regulator of Community Interest Companies under—

(i) section 36A of the Companies (Audit, Investigations and Community Enterprise) Act 2004 (eligibility for registration as community interest company),

(ii) section 38 of that Act (eligibility for conversion to community interest company), or

(iii) section 55 of that Act (eligibility for conversion from community interest company to charity),

and that the registrar is not later required to record;]

(k) any other material excluded from public inspection by or under any other enactment.

(2) A restriction applying by reference to material deriving from a particular description of document does not affect the availability for public inspection of the same information contained in material derived from another description of document in relation to which no such restriction applies.

(3) Material to which this section applies need not be retained by the registrar for longer than appears to the registrar reasonably necessary for the purposes for which the material was delivered to the registrar.

Textual Amendments

F1 S. 1087(1)(ba) inserted (1.10.2009) by The Companies Act 2006 (Part 35) (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1802), art. 12(2)

F2 Section 245(2) was applied to limited liability partnerships by regulation 19 of S.I. 2009/1804.

F3 S. 1087(1)(bb)(bc) inserted (26.5.2015 for specified purposes) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 3 para. 8; S.I. 2015/1329, reg. 3(a)

F4 S. 1087(1)(da) inserted (26.5.2015 for specified purposes, otherwise 10.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 96(2), 164(1); S.I. 2015/1329, reg. 3(b); S.I. 2015/1689, reg. 4(a)

F5 S. 1087(1)(ga) inserted (26.5.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 99(2), 164(3)(h)(ii)

F6 S. 1087(1)(h) substituted (1.10.2009) by The Companies Act 2006 (Part 35) (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1802), art. 12(3)

F7 S. 1087(1)(h) omitted (6.4.2013) by virtue of The Companies Act 2006 (Amendment of Part 25) Regulations 2013 (S.I. 2013/600), reg. 1, Sch. 2 para. 3(5) (with reg. 6)

F8 S. 1087(1)(j) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 260(6) (with art. 10)

Modifications etc. (not altering text)

C1 Ss. 1085-1091 applied (with modifications) (1.10.2009) by The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804), regs. 2, 66 (with reg. 60) (as amended (6.4.2013) by S.I. 2013/618, reg. 4 (with reg. 8(4)) and as amended (10.10.2015) by The Companies and Limited Liability Partnerships (Filing Requirements) Regulations 2015 (S.I. 2015/1695), regs. 1, 6(2)(3) and as amended (6.4.2016) by The Companies (Address of Registered Office) Regulations 2016 (S.I. 2016/423), regs. 1(1), 20 and as amended (6.4.2016) by The Limited Liability Partnerships (Register of People with Significant Control) Regulations 2016 (S.I. 2016/340), reg. 1(3), Sch. 3 para. 5 and as amended (30.6.2016) by The Companies and Limited Liability Partnerships (Filing Requirements) Regulations 2016 (S.I. 2016/599), reg. 1, Sch. 1 para. 7)

C2 S. 1087 applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 20(1)(c) (with transitional provisions and savings in regs. 7, 9, Sch. 2)

Commencement Information

I1 S. 1087 wholly in force at 1.1.2007, see s. 1300 and S.I. 2006/3428, art. 2(1)(f) (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5)