C7C9C8C2C6C5Part 35The registrar of companies

Annotations:
Modifications etc. (not altering text)
C7

Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))

The registrar

C1I1C3C41063Fees payable to registrar

1

The Secretary of State may make provision by regulations requiring the payment to the registrar of fees in respect of—

a

the performance of any of the registrar's functions, or

b

the provision by the registrar of services or facilities for purposes incidental to, or otherwise connected with, the performance of any of the registrar's functions.

2

The matters for which fees may be charged include—

a

the performance of a duty imposed on the registrar or the Secretary of State,

b

the receipt of documents delivered to the registrar, and

c

the inspection, or provision of copies, of documents kept by the registrar.

3

The regulations may—

a

provide for the amount of the fees to be fixed by or determined under the regulations;

b

provide for different fees to be payable in respect of the same matter in different circumstances;

c

specify the person by whom any fee payable under the regulations is to be paid;

d

specify when and how fees are to be paid.

F13A

In deciding what provision to make under subsection (3)(a), the Secretary of State may take into account any costs incurred or likely to be incurred by any person for the purposes of the carrying out of—

a

any function of the Secretary of State under or in connection with—

  • the Limited Partnerships Act 1907;

  • Part 14 of the Companies Act 1985;

  • the Company Directors Disqualification Act 1986;

  • the Limited Liability Partnerships Act 2000;

  • Part 1 of the Economic Crime (Transparency and Enforcement) Act 2022;

  • this Act;

b

any function of a Northern Ireland department under or in connection with the Company Directors Disqualification (Northern Ireland) Order 2002 (S.I. 2002/3150 (N.I. 4));

c

any function of the Secretary of State under or in connection with regulations under section 1 of the Sanctions and Anti-Money Laundering Act 2018 that make provision in connection with licences of the kind mentioned in section 15(3A) of that Act;

d

any function of the Secretary of State under or in connection with the Insolvency Act 1986, so far as relating to bodies corporate or other firms;

e

any function of a Northern Ireland department under or in connection with the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), so far as relating to bodies corporate or other firms;

f

any function carried out by the Insolvency Service on behalf of the Secretary of State in connection with the detection, investigation or prosecution of offences, or the recovery of the proceeds of crime, so far as relating to bodies corporate or other firms;

g

any function carried out by the Insolvency Service in Northern Ireland on behalf of a Northern Ireland department in connection with the detection, investigation or prosecution of offences, or the recovery of the proceeds of crime, so far as relating to bodies corporate or other firms.

4

Regulations under F2this sectionF2subsection (1) are subject to negative resolution procedure.

5

In respect of the performance of functions or the provision of services or facilities—

a

for which fees are not provided for by regulations, or

b

in circumstances other than those for which fees are provided for by regulations,

the registrar may determine from time to time what fees (if any) are chargeable.

6

Fees received by the registrar are to be paid into the Consolidated Fund.

F36A

The Secretary of State may by regulations amend—

a

the reference in subsection (3A)(f) to functions carried out by the Insolvency Service on behalf of the Secretary of State, so long as the functions referred to are functions of the Secretary of State that are of a similar nature;

b

the reference in subsection (3A)(g) to functions carried out by the Insolvency Service in Northern Ireland on behalf of a Northern Ireland department, so long as the functions referred to are functions of a Northern Ireland department that are of a similar nature.

6B

Regulations under subsection (6A) are subject to affirmative resolution procedure.

7

The Limited Partnerships Act 1907 (c. 24) is amended as follows—

a

in section 16(1) (inspection of statements registered)—

i

omit the words “, and there shall be paid for such inspection such fees as may be appointed by the Board of Trade, not exceeding 5p for each inspection”, and

ii

omit the words from “and there shall be paid for such certificate” to the end;

b

in section 17 (power to make rules)—

i

omit the words “(but as to fees with the concurrence of the Treasury)”, and

ii

omit paragraph (a).