Modifications etc. (not altering text)
C1Pts. 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))
C2Pt. 35 applied (with modifications) (31.12.2020) by The International Accounting Standards and European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/685), reg. 1(2), Sch. 3 para. 3; 2020 c. 1, Sch. 5 para. 1(1)
C3Pt. 35 modified (21.2.2009) by The Banking Act 2009 (Parts 2 and 3 Consequential Amendments) Order 2009 (S.I. 2009/317), art. 6(1)(3)
C4Pt. 35 applied (with modifications) (8.2.2011) by The Investment Bank Special Administration Regulations 2011 (S.I. 2011/245), reg. 27, Sch. 6 Pt. 2 para. 5(3)
C5Pts. 1-39 (except for Pt. 7 and ss. 662-669), 45-47 extended (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), art. 5(1), Sch. 1 para. 2
(1)The Secretary of State may make provision by regulations requiring the registrar, on application, to remove from the register material of a description specified in the regulations that—
(a)derives from anything invalid or ineffective or that was done without the authority of the company, or
(b)is factually inaccurate, or is derived from something that is factually inaccurate or forged.
(2)The regulations may make provision as to—
(a)who may make an application,
(b)the information to be included in and documents to accompany an application,
(c)the notice to be given of an application and of its outcome,
(d)a period in which objections to an application may be made, and
(e)how an application is to be determined.
(3)An application must—
(a)specify what is to be removed from the register and indicate where on the register it is, and
(b)be accompanied by a statement that the material specified in the application complies with this section and the regulations.
(4)If no objections are made to the application, the registrar may accept the statement as sufficient evidence that the material specified in the application should be removed from the register.
[F1(4A)Subsections (4B) and (4C) apply, in place of subsection (4), in a case where—
(a)the material specified in the application is material naming a person—
(i)in a statement of a company's proposed officers as a person who is to be a director of the company, or
(ii)in a notice given by a company under section 167 or 167D as a person who has become a director of the company, and
(b)the application is made by or on behalf of the person named and is accompanied by a statement that the person did not consent to act as director of the company.
(4B)If the company provides the registrar with the necessary evidence within the time required by the regulations, the registrar must not remove the material from the register.
(4C)If the company does not provide the registrar with the necessary evidence within that time—
(a)the material is conclusively presumed for the purposes of this section to be derived from something that is factually inaccurate, and
(b)the registrar must accept the applicant's statement as sufficient evidence that the material should be removed from the register.
(4D)“The necessary evidence” is—
(a)evidence sufficient to satisfy the registrar that the person did consent to act as director of the company, plus
(b)a statement by the company that the evidence provided by it is true and is not misleading or deceptive in any material particular.]
(5)Where anything is removed from the register under this section the registration of which had legal consequences as mentioned in section 1094(3), any person appearing to the court to have a sufficient interest may apply to the court for such consequential orders as appear just with respect to the legal effect (if any) to be accorded to the material by virtue of its having appeared on the register.
(6)Regulations under this section are subject to affirmative resolution procedure.
Textual Amendments
F1S. 1095(4A)-(4D) inserted (6.4.2016) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 102(1), 164(1) (with s. 102(2)); S.I. 2016/321, reg. 3(a)
Modifications etc. (not altering text)
C6Ss. 1093-1098 applied (with modifications) (1.10.2009) by The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804), regs. 2, 67 (with reg. 60, Sch. 1 paras. 30, 31, 34, 35) (as amended (6.4.2013) by S.I. 2013/618, reg. 5 (with reg. 8(4)) and as amended (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 3 para. 14(6) (with reg. 5(1)) and as amended (6.4.2016) by The Companies (Address of Registered Office) Regulations 2016 (S.I. 2016/423), regs. 1(1), 21)
C7Ss. 1093-1097 power to apply (with or without modifications) conferred (31.1.2019) by Technical and Further Education Act 2017 (c. 19), ss. 8, 47(2); S.I. 2018/1161, reg. 3(a)
C8S. 1095 modified by The European Public Limited-Liability Company Regulations 2004 (S.I. 2004/2326), reg. 13(1B), Sch. 1A para. 5 (as inserted (1.10.2009) by The European Public Limited-Liability Company (Amendment) Regulations 2009 (S.I. 2009/2400), regs. 1(2), 37) (as amended (31.12.2020) by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 45(d) (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)))
Commencement Information
I1S. 1095 wholly in force at 1.10.2009; s. 1095 not in force at Royal Assent, see s. 1300; s. 1095 in force for specified purposes at 20.1.2007 by S.I. 2006/3428, art. 3(3) (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5); s. 1095 otherwise in force at 1.10.2009 by S.I. 2008/2860, art. 3(r) (with arts. 5, 7, 8, Sch. 2) (as amended by S.I. 2009/1802, art. 18)