The Companies (Disclosure of Address) Regulations 2009

Regulation 2

F1SCHEDULE 1U.K.SPECIFIED PUBLIC AUTHORITIES

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Textual Amendments

F1Sch. 1 revoked by virtue of the substitution of the enabling provision 2006 c. 46, s. 243(2) (4.3.2024) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1), Sch. 3 para. 3(2); S.I. 2024/269, reg. 2

Regulations 2 and 3

SCHEDULE 2U.K.CONDITIONS FOR PERMITTED DISCLOSURE

F2PART 1U.K.Disclosure to specified public authorities

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Textual Amendments

PART 2U.K.Disclosure to a credit reference agency

5.  Paragraphs 6 to 10 set out the conditions specified for the disclosure of protected information by the registrar to a credit reference agency.U.K.

6.— [F3(1)]  The credit reference agency—U.K.

(a)is carrying on in the United Kingdom F4... a business comprising the furnishing of information relevant to the financial standing of individuals, being information collected by the agency for that purpose;

(b)maintains appropriate procedures—

(i)to ensure that an independent person can investigate and audit the measures maintained by the agency for the purposes of ensuring the security of any protected information disclosed to that agency; and

[F5(ii)for the purposes of ensuring that it complies with its [F6obligations under the data protection legislation (as defined in section 3 of the Data Protection Act 2018)];]

(c)has not been found guilty of an offence under—

[F7(i)section 1112 (false statements: basic offence) or section 1112A (false statements: aggravated offence) of the Act or section 2 of the Fraud Act 2006 (fraud by false representation);]

(ii)section 47 (failure to comply with enforcement notice) of the Data Protection Act 1998 in circumstances where it has used the protected information for purposes other than those described in sub-paragraphs (a) to (e) of paragraph 7 below [F8; or

(iii)section 144 of the Data Protection Act 2018 (false statements made in response to an information notice) or section 148 of that Act (destroying or falsifying information and documents etc)];

[F9(d)has not been given a penalty notice under section 155 of the Data Protection Act 2018 in circumstances described in paragraph (c)(ii), other than a penalty notice that has been cancelled.]

F10(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Sch. 2 para. 6 renumbered as Sch. 2 para. 6(1) (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 339(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

7.  The credit reference agency has delivered to the registrar a statement that it intends to use the protected information only for the purposes of—U.K.

(a)providing an assessment of the financial standing of a person;

(b)meeting any obligations contained in [F11the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017] or any [F12rules made pursuant to section 137A of the Financial Services and Markets Act 2000 which relate to the prevention and detection of money laundering in connection with the carrying on of regulated activities by authorised persons] F13...;

(c)conducting conflict of interest checks required or made necessary by any enactment;

(d)the provision of protected information to—

[F14(i)a person to whom the registrar could disclose information under section 1110F (disclosure by the registrar) of the Act; or]

(ii)a credit reference agency which has satisfied the requirements of this Part of this Schedule; or

(e)conducting checks for the prevention and detection of crime and fraud.

Textual Amendments

8.  The credit reference agency has delivered to the registrar a statement that it intends to take delivery of and to use the protected information only in the United Kingdom F15....U.K.

Textual Amendments

9.  The credit reference agency has delivered to the registrar a statement that it will, where it supplies a copy of the protected information to a processor for the purpose of processing the information for use in respect of the purposes referred to in paragraph 7—U.K.

(a)ensure that the processor is one who carries on business in the [F16United Kingdom];

(b)require that the information is not transmitted outside the [F17United Kingdom] by the processor; and

(c)require that the processor does not disclose the information except to the credit reference agency or an employee of the credit reference agency.

Textual Amendments

10.  The credit reference agency has delivered to the registrar a statement that it meets the conditions in paragraph 6 above.U.K.

PART 3U.K.Interpretation of this Schedule

11.—(1) In this Schedule—U.K.

“processor” means any person who provides a service which consists of putting information into data form or processing information in data form and any reference to a processor includes a reference to his employees; and

F18...

(2) In this Schedule any reference to—

(a)an employee of any person who has access to protected information shall be deemed to include any person working or providing services for the purposes of that person or employed by or on behalf of, or working for, any person who is so working or who is supplying such a service; and

F19(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18Words in Sch. 2 para. 11(1) revoked by virtue of the substitution of the enabling provision 2006 c. 46, s. 243(2) (4.3.2024) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1), Sch. 3 para. 3(2); S.I. 2024/269, reg. 2