The Companies (Disclosure of Address) Regulations 2009

PART 1 U.K.

Citation, commencement and interpretation U.K.

1.—(1) These Regulations may be cited as the Companies (Disclosure of Address) Regulations 2009 and come into force on 1st October 2009.

(2) In these Regulations—

“the Act” means the Companies Act 2006 and, unless the context otherwise requires, any reference to a numbered section is to a section so numbered in that Act;

“the 1985 Act” means the Companies Act 1985 M1 ;

“the 1986 Order” means the Companies (Northern Ireland) Order 1986 M2 ;

[F1 “the 2016 Regulations” means the Register of People with Significant Control Regulations 2016;]

“confidentiality order” means an order under section 723B of the 1985 Act M3 (confidentiality orders);

“former name” means a name by which an individual was formerly known and which has been notified to the registrar under section 10 (documents to be sent to the registrar) or section 288 (register of directors and secretaries) of the 1985 Act, or Article 21 or 296 of the 1986 Order, [F2 or regulation 80C of the SEs Regulations, or regulation 79 of the old SEs Regulations, or regulation 77 of the Northern Ireland SEs Regulations,] or section 12 (statement of proposed officers) or section 167 (duty to notify registrar of changes) of the Act;

“limited liability partnership” means a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000 M4 or Limited Liability Partnerships Act (Northern Ireland) 2002 M5 ;

“name” means a person's Christian name (or other forename) and surname, except that in the case of—

(a)

a peer; or

(b)

an individual usually known by a title,

the title may be stated instead of his Christian name (or other forename) and surname or in addition to either or both of them;

[F3 “the Northern Ireland SEs Regulations” means the European Public Limited-Liability Company Regulations (Northern Ireland) 2004 [F4 as they had effect at the time the address was filed];]

[F3 “the old SEs Regulations” means the SEs Regulations, disregarding the amendments made by the European Public Limited-Liability Company (Amendment) Regulations 2009;]

“permanent representative” means an individual who was a permanent representative for the purposes of sections 723B and 723C (effect of confidentiality orders) of the 1985 Act M6 ;

[F5 “police force” means—

(a)

a police force within the meaning of section 101(1) of the Police Act 1996 (interpretation),

(b)

the Police Service of Scotland within the meaning of section 6 of the Police and Fire Reform (Scotland) Act 2012 (the Police Service of Scotland),

(c)

the Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve within the meaning of section 1 of the Police (Northern Ireland) Act 2000 (name of the police in Northern Ireland),]

[F1 “registrable person” means a registrable person under Part 21A of the Act;]

“relevant body” means any police force and any other person whom the registrar considers may be able to assist in answering a question referred to that person by the registrar under these Regulations;

“relevant organisation” means the Government Communications Headquarters, the Secret Intelligence Service [F6 or] the Security Service F7 ...;

[F3 “the SEs Regulations” means the European Public Limited-Liability Company Regulations 2004 [F8 as they had effect at the time the address was filed];]

“section 243 applicant” means an individual by whom or in respect of whom a section 243 application has been made but in respect of which application the registrar either has not made a determination, or has made a determination, not being a section 243 decision, and any appeal to the court in respect of that application under regulation 14 has not been determined by the court;

[F9 “section 243 application” means an application under section 243(4) (permitted disclosure by the registrar) for the purpose of requiring the registrar to refrain from disclosing protected information relating to a director to a credit reference agency;]

“section 243 beneficiary” means—

(a)

an individual who has made a section 243 application in respect of which a section 243 decision has been made; or

(b)

an individual on whose behalf a company or a subscriber to a memorandum of association has made a section 243 application in respect of which a section 243 decision has been made; or

(c)

an individual in relation to whom a confidentiality order was in force immediately before 1st October 2009 and who, by paragraph 37 of Schedule 2 to the Companies Act 2006 (Commencement No. 8, Transitional Provisions and Savings) Order 2008 M7 is treated as having made a section 243 application in respect of which a section 243 decision has been made;

“section 243 decision” means a determination by the registrar on a section 243 application in favour of the applicant;

“section 1088 application” means an application under section 1088 [F10 (power to make regulations protecting material)] for the purpose of requiring the registrar to make an address on the register unavailable for public inspection;

“section 1088 beneficiary” means a person who has made a section 1088 application in respect of which a section 1088 decision has been made;

“section 1088 decision” means a determination by the registrar on a section 1088 application [F11 under regulation 10(1) or 11(1)] in favour of the applicant;

F12 ...; and

“working day” means a day that is not a Saturday or Sunday, Christmas Day, Good Friday or any day that is a bank holiday under the Banking and Financial Dealings Act 1971 M8 in England and Wales.

Textual Amendments

F1 Words in reg. 1(2) inserted (6.4.2016) by The Register of People with Significant Control Regulations 2016 (S.I. 2016/339), reg. 1(2), Sch. 5 para. 2

F2 Words in reg. 1(2) inserted (1.10.2009) by The European Public Limited-Liability Company (Amendment) Regulations 2009 (S.I. 2009/2400), regs. 1(2), 42(2)(b) (with reg. 2)

F3 Words in reg. 1(2) inserted (1.10.2009) by The European Public Limited-Liability Company (Amendment) Regulations 2009 (S.I. 2009/2400), regs. 1(2), 42(2)(a) (with reg. 2)

F4 Words in reg. 1(2) inserted (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. 21(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 1(2) substituted (26.4.2018) by The Companies (Disclosure of Address) (Amendment) Regulations 2018 (S.I. 2018/528), regs. 1(1), 2(2)(a) (with reg. 8)

F6 Word in reg. 1(2) substituted (26.4.2018) by The Companies (Disclosure of Address) (Amendment) Regulations 2018 (S.I. 2018/528), regs. 1(1), 2(2)(b)(i) (with reg. 8)

F7 Words in reg. 1(2) omitted (26.4.2018) by virtue of The Companies (Disclosure of Address) (Amendment) Regulations 2018 (S.I. 2018/528), regs. 1(1), 2(2)(b)(ii) (with reg. 8)

F8 Words in reg. 1(2) inserted (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. 21(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in reg. 1(2) substituted (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. 3(2)(a)

F10 Words in reg. 1(2) substituted (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. 3(2)(b)

F11 Words in reg. 1(2) inserted (26.4.2018) by The Companies (Disclosure of Address) (Amendment) Regulations 2018 (S.I. 2018/528), regs. 1(1), 2(2)(c) (with reg. 8)

F12 Words in reg. 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

Marginal Citations

M1 1985 c.6.

M2 S.I. 1986/1032 (N.I. 6).

M3 Section 723B was inserted by section 45 of the Criminal Justice and Police Act 2001 (c.16).

M4 2000 c.12.

M5 2002 c.12 (N.I.).

M6 Sections 723B and 723C were inserted by section 45 of the Criminal Justice and Police Act 2001.

M7 S.I. 2008/2860 (C. 126).

M8 1971 c.80.