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

Duty to investigate and obtain information U.K.

10.—(1) An eligible Scottish partnership must take reasonable steps—

(a) to find out if any person is a registrable person or a registrable relevant legal entity in relation to the eligible Scottish partnership, and

(b) if so, to identify them.

(2) Without limiting paragraph (1), an eligible Scottish partnership must give notice to any person whom it knows or has reasonable cause to believe to be a registrable person or a registrable relevant legal entity in relation to it.

(3) The notice, if addressed to an individual, must require the addressee—

(a) to state whether or not the individual is a registrable person in relation to the eligible Scottish partnership, and

(b) if so, to confirm or correct any particulars of the individual that are included in the notice, and supply any that are missing.

(4) The notice, if addressed to a legal entity, must require the addressee—

(a) to state whether or not it is a registrable relevant legal entity in relation to the eligible Scottish partnership, and

(b) if so, to confirm or correct any of its particulars that are included in the notice, and supply any that are missing.

(5) An eligible Scottish partnership may also give notice to a person under this regulation if it knows or has reasonable cause to believe that the person—

(a) knows the identity of a person who falls within paragraph (6), or

(b) knows the identity of a person likely to have that knowledge.

(6) The persons who fall within this paragraph are—

(a) any registrable person in relation to the eligible Scottish partnership;

(b) any relevant legal entity in relation to the eligible Scottish partnership;

(c) any entity which would be a relevant legal entity in relation to the eligible Scottish partnership if it were subject to its own disclosure requirements M1 .

(7) A notice under paragraph (5) may require the addressee—

(a) to state whether or not the addressee knows the identity of—

(i) any person who falls within paragraph (6), or

(ii) any person likely to have that knowledge, and

(b) if so, to supply any particulars of theirs that are within the addressee's knowledge, and state whether or not the particulars are being supplied with the knowledge of each of the persons concerned.

(8) A notice under this regulation must state that the addressee is to comply with the notice by no later than the end of the period of one month beginning with the date of the notice.

(9) An eligible Scottish partnership is not required to take steps or give notice under this regulation with respect to a registrable person or registrable relevant legal entity if—

(a) the eligible Scottish partnership has already been informed of the person's status as a registrable person or registrable relevant legal entity in relation to it, and been supplied with all the particulars, and

(b) in the case of a registrable person, the information and particulars were provided either by the person concerned or with the person's knowledge.

(10) A person to whom a notice under paragraph (5) is given is not required by that notice to disclose any information in respect of which a claim to legal professional privilege (in Scotland, to confidentiality of communications) could be maintained in legal proceedings.

(11) In this regulation—

(a) a reference to knowing the identity of a person includes knowing information from which that person can be identified, and

(b) “particulars” means—

(i) in the case of a registrable person or a registrable relevant legal entity, the required particulars, and

(ii) in any other case, any particulars that will enable the person to be contacted by the eligible Scottish partnership.

(12) An eligible Scottish partnership is not by virtue of anything done for the purposes of these Regulations affected with notice of, or put upon inquiry as to, the rights of any person in relation to any rights in or with respect to the eligible Scottish partnership.

Marginal Citations

M1 See regulation 3(7) for the meaning of “subject to its own disclosure requirements”.