- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Register of People with Significant Control Regulations 2016, SCHEDULE 4.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Regulations 22(2), 23(1) and 34(3)
Modifications etc. (not altering text)
C1Sch. 4 applied (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. 4 (as amended (26.6.2017) by The Information about People with Significant Control (Amendment) Regulations 2017 (S.I. 2017/693), regs. 2, 31 (with Sch. Pt. 2))
Textual Amendments
F1Sch. 4 Pt. 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 (2023 c. 56), s. 219(1), Sch. 3 para. 3(2); S.I. 2024/269, reg. 2
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
6. The credit reference agency—U.K.
(a)is carrying on in the United Kingdom F2... a business comprising the furnishing of information relevant to the financial standing of individuals, being information collected by the agency for that purpose;
(b)maintains appropriate procedures—
(i)to ensure that an independent person can investigate and audit the measures maintained by the agency for the purposes of ensuring the security of any information within section 790ZF(2) of the Act disclosed to that agency; and
[F3(ii)for the purposes of ensuring that it complies with its [F4obligations under the data protection legislation (as defined in section 3 of the Data Protection Act 2018)];]
(c)has not been found guilty of an offence under—
(i)[F5section 1112 (false statements: basic offence) or 1112A (false statements: aggravated offence) of the Act];
(ii)section 2 of the Fraud Act 2006 M1 (fraud by false representation); F6...
(iii)section 47 of the Data Protection Act 1998 (failure to comply with enforcement notice) in circumstances where it has used the information within section 790ZF(2) of the Act for purposes other than those described in sub-paragraphs (a) to (e) of paragraph 8;
[F7(iv)section 144 of the Data Protection Act 2018 (false statements made in response to an information notice); or
(v)section 148 of that Act (destroying or falsifying information and documents etc);]
[F8(d)has not been given a penalty notice under section 155 of the Data Protection Act 2018 in circumstances described in sub-paragraph (c)(iii), other than a penalty notice that has been cancelled.]
Textual Amendments
F2Words in Sch. 4 para. 6(a) omitted (31.12.2020) by virtue of The Companies, Limited Liability Partnerships and Partnerships (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/348), reg. 2, Sch. 2 para. 14(b)(i) (with Sch. 4 para. 5) (as amended by S.I. 2020/523, regs. 1(2), 20); 2020 c. 1, Sch. 5 para. 1(1)
F3Sch. 4 para. 6(b)(ii) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 400(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F4Words in Sch. 4 para. 6(b)(ii) substituted (31.12.2020) by The Companies, Limited Liability Partnerships and Partnerships (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/348), reg. 2, Sch. 2 para. 14(b)(ii) (with Sch. 4 para. 5) (as amended by S.I. 2020/523, regs. 1(2), 20); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Sch. 4 para. 6(c) 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. 7(4)(a)
F6Word in Sch. 4 para. 6(c)(ii) omitted (25.5.2018) by virtue of Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 400(3)(a) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F7Sch. 4 para. 6(c)(iv)(v) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 400(3)(b) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F8Sch. 4 para. 6(d) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 400(4) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
Marginal Citations
7. The credit reference agency has delivered to the registrar a statement that it meets the conditions in paragraph 6.U.K.
8. The credit reference agency has delivered to the registrar a statement that it intends to use the information within section 790ZF(2) of the Act only for the purposes of—U.K.
(a)providing an assessment of the financial standing of a person;
(b)meeting any obligations contained in—
(i)[F9the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017]; [F10or]
(ii)any rules made pursuant to section 137A of the Financial Services and Markets Act 2000 M2 which relate to the prevention and detection of money laundering in connection with the carrying on of regulated activities by authorised persons; F11...
F11(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)conducting conflict of interest checks required or made necessary by any enactment;
(d)providing information within section 790ZF(2) of the Act to—
[F12(i)a person to whom the registrar could disclose information under section 1110F (disclosure by the registrar) of the Act; or]
(ii)a credit reference agency which has satisfied the requirements of this Part of this Schedule; or
(e)conducting checks for the prevention and detection of crime and fraud.
Textual Amendments
F9Words in Sch. 4 para. 8(b)(i) substituted (26.6.2017) by The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692), reg. 1(2), Sch. 7 para. 34(a) (with regs. 8, 15)
F10Word in Sch. 4 para. 8(b)(i) inserted (31.12.2020) by The Companies, Limited Liability Partnerships and Partnerships (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/348), reg. 2, Sch. 2 para. 14(c)(i) (with Sch. 4 para. 5) (as amended by S.I. 2020/523, regs. 1(2), 20); 2020 c. 1, Sch. 5 para. 1(1)
F11Sch. 4 para. 8(b)(iii) and word omitted (31.12.2020) by virtue of The Companies, Limited Liability Partnerships and Partnerships (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/348), reg. 2, Sch. 2 para. 14(c)(ii) (with Sch. 4 para. 5) (as amended by S.I. 2020/523, regs. 1(2), 20); 2020 c. 1, Sch. 5 para. 1(1)
F12Sch. 4 para. 8(d)(i) 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. 7(4)(b)
Marginal Citations
M22000 c.8; section 137A is in Part 9A which was substituted for sections 138 to 166 by section 24(1) of the Financial Services Act 2012 (c.21).
9. The credit reference agency has delivered to the registrar a statement that it intends to take delivery of and to use the information within section 790ZF(2) of the Act only in the United Kingdom F13....U.K.
Textual Amendments
F13Words in Sch. 4 para. 9 omitted (31.12.2020) by virtue of The Companies, Limited Liability Partnerships and Partnerships (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/348), reg. 2, Sch. 2 para. 14(d) (with Sch. 4 para. 5) (as amended by S.I. 2020/523, regs. 1(2), 20); 2020 c. 1, Sch. 5 para. 1(1)
10. The credit reference agency has delivered to the registrar a statement that it will, where it supplies a copy of the information within section 790ZF(2) of the Act to a processor for the purpose of processing the information for use in respect of the purposes referred to in paragraph 8—U.K.
(a)ensure that the processor is one who carries on business in the [F14United Kingdom];
(b)require that the processor does not transmit the information outside the [F15United Kingdom]; and
(c)require that the processor does not disclose the information except to the credit reference agency or an employee of the credit reference agency.
Textual Amendments
F14Words in Sch. 4 para. 10(a) substituted (31.12.2020) by The Companies, Limited Liability Partnerships and Partnerships (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/348), reg. 2, Sch. 2 para. 14(e) (with Sch. 4 para. 5) (as amended by S.I. 2020/523, regs. 1(2), 20); 2020 c. 1, Sch. 5 para. 1(1)
F15Words in Sch. 4 para. 10(b) substituted (31.12.2020) by The Companies, Limited Liability Partnerships and Partnerships (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/348), reg. 2, Sch. 2 para. 14(e) (with Sch. 4 para. 5) (as amended by S.I. 2020/523, regs. 1(2), 20); 2020 c. 1, Sch. 5 para. 1(1)
11. The credit reference agency has delivered any information or evidence required by the registrar for the purpose of enabling the registrar to determine in accordance with these Regulations whether to disclose the information within section 790ZF(2) of the Act.U.K.
12. The credit reference agency has complied with any requirement by the registrar to confirm the accuracy of the statements, information or evidence delivered to the registrar pursuant to this Part of this Schedule.U.K.
[F1612ZA. The information within section 790ZF(2) of the Act is not information to which regulation 34(1) applies.] U.K.
Textual Amendments
F16Sch. 4 para. 12ZA inserted (4.3.2024) by The Registrar (Annotation, Removal and Disclosure Restrictions) Regulations 2024 (S.I. 2024/54), regs. 1(2)(b), 18(2); S.I. 2024/269, reg. 2
Textual Amendments
F17Sch. 4 Pt. 2A inserted (26.6.2017) by The Information about People with Significant Control (Amendment) Regulations 2017 (S.I. 2017/693), regs. 2, 19(2) (with Sch. Pt. 1)
12A. The credit institution or financial institution maintains appropriate procedures—U.K.
(a)to ensure that an independent person can investigate and audit the measures maintained by that institution for the purposes of ensuring the security of any information disclosed to it; and
[F18(b)for the purposes of ensuring that it complies with its [F19obligations under the data protection legislation (as defined in section 3 of the Data Protection Act 2018)].]
Textual Amendments
F18Sch. 4 para. 12A(b) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 401 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F19Words in Sch. 4 para. 12A(b) substituted (31.12.2020) by The Companies, Limited Liability Partnerships and Partnerships (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/348), reg. 2, Sch. 2 para. 14(f) (with Sch. 4 para. 5) (as amended by S.I. 2020/523, regs. 1(2), 20); 2020 c. 1, Sch. 5 para. 1(1)
12B. The credit institution or financial institution has delivered to the registrar a statement confirming that it is a credit institution or, as the case may be, a financial institution, and that it meets the conditions in paragraph 12A.U.K.
12C. The credit institution or financial institution has delivered to the registrar a statement that it intends to use information only for the purpose of applying customer due diligence measures to the company in relation to which the information is secured, in accordance with the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.U.K.
12D. The credit institution or financial institution has delivered to the registrar a statement that confirms the name and registered number of the company it is entering a transaction with which requires the institution to apply customer due diligence measures under those Regulations.U.K.
12E. The credit institution or financial institution has delivered to the registrar a statement that it intends to take delivery of and to use the information only in the United Kingdom.U.K.
12F. The credit institution or financial institution has delivered to the registrar a statement that it will, where it supplies a copy of the information to a processor for the purpose of processing the information for use in respect of the purpose referred to in paragraph 12C—U.K.
(a)ensure that the processor is one who carries on business in the [F20United Kingdom];
(b)require that the processor does not transmit the information outside the [F21United Kingdom]; and
(c)require that the processor does not disclose the information except to the credit institution or financial institution.
Textual Amendments
F20Words in Sch. 4 para. 12F(a) substituted (31.12.2020) by The Companies, Limited Liability Partnerships and Partnerships (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/348), reg. 2, Sch. 2 para. 14(g) (with Sch. 4 para. 5) (as amended by S.I. 2020/523, regs. 1(2), 20); 2020 c. 1, Sch. 5 para. 1(1)
F21Words in Sch. 4 para. 12F(b) substituted (31.12.2020) by The Companies, Limited Liability Partnerships and Partnerships (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/348), reg. 2, Sch. 2 para. 14(g) (with Sch. 4 para. 5) (as amended by S.I. 2020/523, regs. 1(2), 20); 2020 c. 1, Sch. 5 para. 1(1)
12G. The credit institution or financial institution has delivered any information or evidence required by the registrar for the purpose of enabling the registrar to determine in accordance with these Regulations whether to disclose the information.U.K.
12H. The credit institution or financial institution has complied with any requirement by the registrar to confirm the accuracy of the statements, information or evidence delivered to the registrar pursuant to this Part.]U.K.
13. In this Schedule—U.K.
(a)“processor” means any person who provides a service which consists of putting information into data form or processing information in data form and any reference to a processor includes a reference to the processor's employees;
F22(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)any reference to an employee of any person who has access to information within section 790ZF(2) of the Act includes any person working or providing services for the purposes of that person or employed by or on behalf of, or working for, any person who is so working or who is supplying such a service; and
F23(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F22Sch. 4 para. 13(b) 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 (2023 c. 56), s. 219(1), Sch. 3 para. 3(2); S.I. 2024/269, reg. 2
F23Sch. 4 para. 13(d) 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 (2023 c. 56), s. 219(1), Sch. 3 para. 3(2); S.I. 2024/269, reg. 2
F2414 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
Textual Amendments
F24Sch. 4 para. 14 omitted (31.12.2020) by virtue of The Companies, Limited Liability Partnerships and Partnerships (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/348), reg. 2, Sch. 2 para. 14(i) (with Sch. 4 para. 5) (as amended by S.I. 2020/523, regs. 1(2), 20); 2020 c. 1, Sch. 5 para. 1(1)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: