The Scottish Partnerships (Register of People with Significant Control) Regulations 2017

PART 6 Confirmation statement

Duty to deliver a confirmation statement

35.—(1) An eligible Scottish partnership must, within the period of 14 days beginning the day after the end of each review period(1), deliver to the registrar—

(a) such information as is necessary to ensure that the eligible Scottish partnership is able to make the statement referred to in sub-paragraph (b), and

(b) a statement (a “confirmation statement”) confirming that all information required to be delivered by the eligible Scottish partnership to the registrar in relation to the confirmation period concerned under any duty mentioned in paragraph (2) either—

(i) has been delivered, or

(ii) is being delivered at the same time as the confirmation statement.

(2) The duties are—

(a) to deliver the information required in Part 5 (duty to deliver information to the registrar);

(b) in relation to a Scottish limited partnership, to deliver a change in the details required to be provided to the registrar pursuant to section 9 of the Limited Partnerships Act 1907 (registration of changes to partnerships); and

(c) in relation to a Scottish qualifying partnership, to notify a change in the details required to be provided to the registrar by regulation 7 (notification of changes to the registration information).

(3) A partnership which has served a notice under regulation 8 (effect of a Scottish general partnership ceasing to be a qualifying partnership) is not required to comply with paragraph (1) during any period in which it is not a qualifying partnership.

Meaning of “confirmation period” and “confirmation date”

36.  In this Part—

“confirmation period” means—

(a)

in relation to the first confirmation statement provided by a Scottish limited partnership registered before the commencement day, the period beginning with 24th July 2017 and ending with the confirmation date;

(b)

in relation to the first confirmation statement provided by a Scottish limited partnership registered on or after the commencement day, the period beginning with its registration date and ending with the confirmation date;

(c)

in relation to a Scottish limited partnership’s subsequent confirmation statement, the period beginning with the day after the confirmation date of the previous confirmation statement, and ending with the confirmation date of the confirmation statement concerned;

(d)

in relation to a Scottish qualifying partnership’s first confirmation statement following a registration under regulation 5, the period beginning with the date of that registration under regulation 5 and ending with the confirmation date;

(e)

in relation to a Scottish qualifying partnership’s subsequent confirmation statement, the period beginning with the day after the confirmation date of the previous confirmation statement and ending with the confirmation date of the confirmation statement concerned;

“confirmation date” means the day specified as the confirmation date in the confirmation statement to which the confirmation period relates.

Review period

37.—(1) The confirmation date of a confirmation statement must be no later than the last day of the review period to which it relates.

(2) For the purposes of this Part, each of the following is a review period—

(a) in relation to a Scottish limited partnership—

(i) registered before the commencement day, the period beginning with 24th July 2017 and ending on the day before the first anniversary of its registration date occurring after the commencement day;

(ii) registered on or after the commencement day, the period of 12 months beginning on its registration date;

(b) in relation to a Scottish qualifying partnership, the period of 12 months beginning on its registration date;

(c) in relation to any eligible Scottish partnership, each period of 12 months beginning with the day after the end of the previous review period.

(3) But where an eligible Scottish partnership delivers a confirmation statement with a confirmation date which is earlier than the last day of the review period concerned, the next review period is the period of 12 months beginning with the day after the confirmation date.

(4) For the purpose of making a confirmation statement, an eligible Scottish partnership is entitled to assume that any information has been properly delivered to the registrar if it has been delivered within the period of 5 days ending with the day on which the statement is delivered.

(5) But paragraph (4) does not apply in a case where the eligible Scottish partnership has received notice from the registrar that such information has not been properly delivered.

Failure to deliver a confirmation statement

38.—(1) If an eligible Scottish partnership fails to deliver a confirmation statement before the end of the period of 14 days beginning the day after the end of a review period an offence is committed by—

(a) the eligible Scottish partnership, and

(b) every officer of the eligible Scottish partnership who is in default.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction—

(a) in England and Wales to a fine, and, for continued contravention, a daily default fine not exceeding the greater of £500 and one-tenth of level 4 on the standard scale;

(b) in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 5 on the standard scale.

(3) The contravention continues until such time as a confirmation statement specifying a confirmation date no later than the last day of the review period concerned is delivered by the eligible Scottish partnership to the registrar.

(4) It is a defence for an officer charged with an offence under subsection (1) to prove that the person took all reasonable steps to avoid the commission or continuation of the offence.

(5) In the case of continued contravention, an offence is also committed by every officer of the eligible Scottish partnership who did not commit an offence under subsection (1) in relation to the initial contravention but who is in default in relation to the continued contravention.

(6) A person guilty of an offence under subsection (5) is liable on summary conviction—

(a) in England and Wales, to a fine not exceeding the greater of £500 and one-tenth of level 4 on the standard scale for each day on which the contravention continues and the person is in default;

(b) in Scotland or Northern Ireland, to a fine not exceeding one-tenth of level 5 on the standard scale for each day on which the contravention continues and the person is in default.

(1)

See regulation 37 for the meaning of “review period”.