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

PART 7 The protection of usual residential address information

Information as to usual residential address

39.—(1) This Part makes provision for protecting, in relation to a registrable person, information—

(a) as to the usual residential address of the individual, and

(b) if applicable, that the individual’s service address is the individual’s usual residential address.

(2) The information in paragraph (1) is referred to in this Part as “URA information”.

(3) An individual’s information does not cease to be URA information on the individual ceasing to be a registrable person in relation to an eligible Scottish partnership.

(4) References in this Part to a registrable person include, for the purpose of this Part, a person who used to be a registrable person.

(5) This Part does not apply to URA information relating to a registrable person where an application under regulation 48, 49 or 50 has been granted with respect to that information and has not been revoked.

Restriction on use or disclosure of URA information by an eligible Scottish partnership

40.—(1) An eligible Scottish partnership must not use or disclose URA information relating to a registrable person in relation to the eligible Scottish partnership, other than—

(a) for communicating with the person;

(b) to comply with a requirement in these Regulations as to information to be delivered to the registrar;

(c) to comply with regulation 43 (corporate bodies: obligations) of the 2017 Money Laundering Regulations; or

(d) in accordance with regulation 43 (disclosure under court order) of these Regulations.

(2) Paragraph (1) does not prohibit any use or disclosure of URA information with the consent of the person concerned.

Restriction on use or disclosure of URA information by the registrar

41.—(1) The registrar must omit URA information from the material on the register that is available for inspection where—

(a) it is contained in a document delivered to the registrar in which such information is required to be stated, and

(b) in the case of a document having more than one part, it is contained in a part of the document in which such information is required to be stated.

(2) The registrar is not obliged to check other documents or (as the case may be) other parts of the document to ensure the absence of URA information.

(3) The registrar must not use or disclose URA information except—

(a) as permitted by regulation 42 (permitted use or disclosure), or

(b) in accordance with regulation 43 (disclosure under court order).

Permitted use or disclosure by the registrar

42.—(1) The registrar may use URA information relating to a registrable person for communicating with the person in question.

(2) The registrar may disclose URA information to one or more of the specified public authorities listed in Schedule 4 if in relation to the specified public authority the conditions in Part 1 of Schedule 5 are satisfied.

Disclosure under court order

43.—(1) The court may make an order for the disclosure by an eligible Scottish partnership or the registrar of URA information relating to a registrable person in relation to the eligible Scottish partnership if—

(a) there is evidence that the service of documents at a service address other than the person’s usual residential address is not effective to bring them to the person’s notice, or

(b) it is necessary or expedient for the information to be provided in connection with the enforcement of an order or decree of the court,

and the court is otherwise satisfied that it is appropriate to make the order.

(2) An order for disclosure by the registrar may only be made if the eligible Scottish partnership—

(a) does not have the person’s usual residential address, or

(b) has been dissolved.

(3) The order may be made on the application of—

(a) a trustee or interim trustee in the sequestration under the Bankruptcy (Scotland) Act 2016(1) of the estate of the eligible Scottish partnership,

(b) a creditor or partner in the eligible Scottish partnership, or

(c) any other person appearing to the court to have a sufficient interest.

(4) The order must specify the persons to whom, and purposes for which, disclosure is authorised.

(1)

2016 asp 21.