38.—(1) A subscriber to a memorandum of association (“the applicant”) may make an application to the registrar requiring the registrar to refrain from using or disclosing secured information relating to an individual (“S”) who proposes to become, on or after the formation of the company to which the memorandum relates, a registrable person in relation to the company.
(2) A subscriber to a memorandum of association may only make an application under paragraph (1) where S has given consent for the subscriber to make the application on S's behalf.
(3) The grounds on which an application may be made are that the applicant reasonably believes that if the secured information is disclosed by the registrar—
(a)the proposed activities of the company to which the memorandum relates; or
(b)one or more characteristics or personal attributes of S when associated with the company to which the memorandum relates,
will put S or a person living with S at serious risk of being subjected to violence or intimidation.
(4) The application must—
(a)contain—
(i)a statement of the grounds on which the application is made;
(ii)confirmation that S consents to the making of the application;
(iii)the name and any former name of the applicant;
(iv)the usual residential address of the applicant;
(v)the e-mail address of the applicant, if any;
(vi)the name of the company to which the memorandum relates;
(vii)the name and any former name of S;
(viii)the date of birth of S;
(ix)the usual residential address of S; and
(x)the e-mail address of S, if any; and
(b)be accompanied by evidence which supports the applicant's statement of the grounds on which the application is made.
(5) The registrar must determine the application and, within 7 days beginning with the date that the determination is made, send to the applicant and to S notice of the determination.
(6) Where the application is unsuccessful, the notice under paragraph (5) must inform the applicant of the applicant's right to apply for permission to appeal against the determination within 28 days beginning with the date of the notice.
Modifications etc. (not altering text)
C1Regs. 7-47 applied (with modifications) (E.W.S.) (6.4.2016) by The Limited Liability Partnerships (Register of People with Significant Control) Regulations 2016 (S.I. 2016/340), regs. 1(3), 4, Sch. 2 para. 3 (as amended (26.6.2017) by The Information about People with Significant Control (Amendment) Regulations 2017 (S.I. 2017/693), regs. 2, 30 (with Sch. Pt. 2))
C2Reg. 38 modified (30.6.2016) by The European Public Limited-Liability Company (Register of People with Significant Control) Regulations 2016 (S.I. 2016/375), regs. 1(2), 8 (as amended (31.12.2020) by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 94); 2020 c. 1, Sch. 5 para. 1(1)