Companies Act 2006

[F1 [F2 790ZG Power to make regulations protecting material U.K.

(1) The Secretary of State may by regulations—

(a) require a company to refrain from using, or refrain from disclosing, relevant PSC particulars except in circumstances specified in the regulations;

(b) confer power on the registrar, on application, to make an order requiring a company to refrain from using, or refrain from disclosing, relevant PSC particulars except in circumstances specified in the regulations.

(2) “Relevant PSC particulars” means such particulars of a person with significant control over the company as may be prescribed.

(3) The reference in subsection (2) to a person with significant control over the company—

(a) includes a person who used to be such a person, but

(b) does not include any person in relation to which this Part has effect by virtue of section 790C(12) as if the person were an individual.

(4) Regulations under subsection (1)(b) may make provision as to—

(a) who may make an application;

(b) the grounds on which an application may be made;

(c) the information to be included in and documents to accompany an application;

(d) how an application is to be determined;

(e) the notice to be given of an application and its outcome;

(f) the duration of and procedures for revoking the restrictions on use and disclosure.

(5) Provision under subsection (4) may in particular—

(a) confer a discretion on the registrar;

(b) provide for a question to be referred to a person other than the registrar for the purposes of determining the application or revoking the restrictions.

(6) Regulations under this section are subject to affirmative resolution procedure.

(7) Nothing in this section or in regulations made under it affects the use or disclosure of particulars of a person in any other capacity (for example, the use or disclosure of particulars of a person in that person‘s capacity as a member or director of the company).]]

Textual Amendments

F1 Pt. 21A inserted (26.5.2015 for specified purposes, 6.4.2016 except for the insertion of ss. 790M(9)(c), 790W-790ZE and 30.6.2016 so far as not already in force) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 3 para. 1; S.I. 2015/1329, reg. 3(a); S.I. 2015/2029, regs. 4(a), 5(a)

F2 Ss. 790ZG, 790ZH substituted for s. 790ZG (26.10.2023 for specified purposes, 4.3.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 96(2), 219(1)(2)(b); S.I. 2024/269, reg. 2(z38)

Modifications etc. (not altering text)

C1 S. 790ZG applied (with modifications) by S.I. 2009/2436, Sch. 1 para. 12C (as inserted (26.6.2017) by The Information about People with Significant Control (Amendment) Regulations 2017 (S.I. 2017/693), regs. 2, 33 (with Sch. Pt. 3)) (as amended (21.3.2024) by The Economic Crime and Corporate Transparency Act 2023 (Consequential, Supplementary and Incidental Provisions) Regulations 2024 (S.I. 2024/410), reg. 1(2), Sch. 2 para. 5(b)(i))