Limited Partnerships Act 1907

[F1 Restriction on use or disclosure of information by partners U.K.

Textual Amendments

F1 Ss. 16C-16E and cross-heading inserted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 139(2), 219(1)(2)(b)

16D Restriction on use or disclosure of information by partners U.K.

(1) A limited partner must not—

(a) use or disclose protected residential address information, except for communicating with the individual concerned, or

(b) use or disclose protected date of birth information.

(2) A general partner must not use or disclose protected residential address information, except—

(a) for communicating with the individual concerned,

(b) in order to comply with any requirement of this Act as to information to be sent to the registrar, or

(c) in accordance with section 16E (disclosure of residential address information under court order).

(3) A general partner must not use or disclose protected date of birth information except in order to comply with any requirement of this Act as to information to be sent to the registrar.

(4) Subsections (1), (2) and (3) do not prohibit any use or disclosure of protected date of birth information or protected residential address information with the consent of the individual concerned.

(5) If a partner uses or discloses information in contravention of subsection (1), (2) or (3) an offence is committed by—

(a) the partner, and

(b) if the partner is a legal entity, any of its managing officers who is in default.

(6) A person guilty of an offence under this section is liable on summary conviction—

(a) in England and Wales, to a fine;

(b) in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 5 on the standard scale.

(7) A managing officer is “in default” for the purposes of this section if they authorise or permit, participate in, or fail to take all reasonable steps to prevent, the contravention.

(8) But a corporate managing officer does not commit an offence as a managing officer in default unless one of its managing officers is in default.

(9) Where any such offence is committed by a corporate managing officer the managing officer in question also commits the offence (subject to subsection (8)).

(10) In this section—

• “protected date of birth information” has the meaning given by section 16A(3);

• “protected residential address information” has the meaning given by section 16A(3).]