The Register of People with Significant Control Regulations 2016

PART 2 U.K. Disclosure to a Credit Reference Agency

6.  The credit reference agency— U.K.

(a) is carrying on in the United Kingdom or in another EEA State 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

(ii) for the purposes of ensuring that it complies with its obligations under the Data Protection Act 1998 M1 , or, where the agency carries on business in an EEA State other than the United Kingdom, with its obligations under legislation implementing Directive 95/46/EC M2 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data; and

(c) has not been found guilty of an offence under—

(i) section 1112 of the Act (general false statement offence);

(ii) section 2 of the Fraud Act 2006 M3 (fraud by false representation); or

(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.

Marginal Citations

M1 1998 c.29.

M2 OJ No L 281, 23.11.1995 p.31.

M3 2006 c.35.

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) the Money Laundering Regulations 2007 M4 ;

(ii) any rules made pursuant to section 137A of the Financial Services and Markets Act 2000 M5 which relate to the prevention and detection of money laundering in connection with the carrying on of regulated activities by authorised persons; or

(iii) any legislation of another EEA State implementing Directive 2005/60/EC M6 of the European Parliament and of the Council on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing;

(c) conducting conflict of interest checks required or made necessary by any enactment;

(d) providing information within section 790ZF(2) of the Act to—

(i) a specified public authority which has satisfied the conditions of paragraphs 1 and 2 of Part 1 of this Schedule; 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.

Marginal Citations

M4 S.I. 2007/2157; relevant amending instruments are S.I. 2007/3299, 2009/1912, 2011/99, 2011/1265, 2011/1781, 2011/2699, 2011/2742, 2012/1906, 2012/2298, 2013/3115 and 2014/506.

M5 2000 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).

M6 OJ No L 309, 25.11.2005 p.15.

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 or in another EEA State. U.K.

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 European Economic Area;

(b) require that the processor does not transmit the information outside the European Economic Area; 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.

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.