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

Interpretation

2.  In these Regulations—

the “2017 Money Laundering Regulations” means the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017(1);

“additional matter” means information required to be delivered to the registrar under any of regulations 23 to 30;

“commencement day” is the day specified in regulation 1(1);

“confirmation date” has the meaning given in regulation 36;

“confirmation period” has the meaning given in regulation 36;

“confirmed” in relation to information has the meaning given in regulation 21;

“credit institution” has the same meaning as in regulation 10 of the 2017 Money Laundering Regulations;

“daily default fine” has the meaning given in section 1125 of the Companies Act 2006(2), as modified by regulation 70;

“DOB information” has the meaning given in regulation 62;

“eligible Scottish partnership” has the meaning given in regulation 3(2);

“financial institution” has the same meaning as in regulation 10 of the 2017 Money Laundering, Regulations;

“firm” means any entity, whether or not a legal person, that is not an individual and includes a body corporate, a corporation sole and a partnership or other unincorporated association;

“former name”, save where provided otherwise in regulation 64, means a name by which an individual was formerly known for business purposes;

“general partnership” is a partnership which is neither—

(a)

a limited partnership; nor

(b)

a limited liability partnership registered under the Limited Liability Partnerships Act 2000(3);

“legal entity” means a firm that is a legal person under the law by which it is governed;

“limited partnership” means a limited partnership registered under section 8(1) of the Limited Partnerships Act 1907(4);

“name” means a person’s forename and surname, except that in the case of—

(a)

a peer, or

(b)

an individual usually known by a title,

the title may be stated instead of that person’s forename and surname or in addition to either or both of them;

“nature of control” in relation to a person with significant control over an eligible Scottish partnership has the meaning given in regulation 18 and Schedule 3;

“officer”, in relation to a partnership or a body corporate to which an offence under these Regulations applies, has the meaning given in regulation 3(3);

“partner”, in relation to a limited partnership, has the same meaning as “general partner” in section 4(2) of the Limited Partnerships Act 1907;

“public authority” includes any person or body carrying out public functions;

“public function” has the meaning given in Part 3 of Schedule 5;

“qualifying partnership” has the meaning given in regulation 3 of the Partnership (Accounts) Regulations 2008(5);

“the register” means the register kept by the registrar under section 1080 of the Companies Act 2006;

“registrable person” has the meaning given in regulation 3(5);

“registrable relevant legal entity” has the meaning given in regulation 3(8);

“the registrar” means the registrar of companies for Scotland appointed under section 1060 of the Companies Act 2006;

“registration date” in relation to—

(a)

a limited partnership means the registration date stated on the certificate issued to the limited partnership under section 8C of the Limited Partnerships Act 1907(6) and

(b)

a Scottish qualifying partnership means the date notified to it by the registrar as the effective date of its registration under regulation 5;

“regulated market” has the meaning given in regulation 3(12);

“relevant body” means—

(a)

a police force within the meaning of section 101(1) of the Police Act 1996(7);

(b)

the Police Service of Northern Ireland; and

(c)

the Police Service of Scotland;

“relevant change” has the meaning given in regulation 11;

“relevant legal entity” has the meaning given in regulation 3(6);

“required particulars” has the meaning given in regulation 17;

“review period” has the meaning given in regulation 37;

“Scottish limited partnership” has the meaning given in regulation 3(2)(a);

“Scottish qualifying partnership” has the meaning given in regulation 3(2)(b);

“secured information” has the meaning given in regulation 44;

“service address”, in relation to a person, means an address at which documents may be effectively served on that person by physical delivery;

“significant control” has the meaning given in regulation 3(4);

“specified conditions”, in relation to a person with or having significant control over an eligible Scottish partnership, means the conditions specified in Part 1 of Schedule 1;

“specified public authority” means a public authority listed in Schedule 4;

“URA information” has the meaning given in regulation 39;

“withdrawal notice” has the meaning given in paragraph 14 of Schedule 2.

(1)

S.I. 2017/692.

(2)

2006 c. 46.

(3)

2000 c. 12.

(4)

1907 c.24; section 8 was amended by article 2(5) of the Legislative Reform (Private Fund Limited Partnerships) Order 2017 (S.I. 2017/514).

(5)

S.I. 2008/569; regulation 3 was substituted by the Companies and Partnerships (Accounts and Audit) Regulations 2013 (S.I. 2013/2005).

(6)

Section 8C was inserted by article 7 of the Legislative Reform (Limited Partnerships) Order 2009 (S.I. 2009/1940) and amended by article 2 of the Legislative Reform (Limited Partnerships) Order 2017 (S.I. 2017/514).

(7)

1996 c.16; section 101(1) was amended by section 96(2) of the Police Reform and Social Responsibility Act 2011 (c.13).