The European Public Limited-Liability Company (Register of People with Significant Control) Regulations 2016

8.  Regulation 38 of the 2016 Regulations is modified in its application to SEs so that it reads as follows—

“Application by a signatory to a statement of proposed members requiring the registrar to refrain from using or disclosing an individual’s secured information

38.— (1) Where it is proposed to register an SE in the United Kingdom under regulations 5 to 10 of the European Public Limited-Liability Company Regulations 2004, a signatory to the statement of proposed members 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 registration of the SE to which the statement of proposed members relates, a registrable person in relation to the SE.

(2) A signatory to a statement of proposed members may only make an application under paragraph (1) where S has given consent for the signatory 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 SE to which the statement of proposed members relates; or

(b) one or more characteristics or personal attributes of S when associated with the SE to which the statement of proposed members 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 SE to which the statement of proposed members 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.”