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

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Application by an eligible Scottish partnership requiring the registrar to refrain from using or disclosing an individual's secured informationU.K.

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49.—(1) An eligible Scottish partnership (“the applicant”) may make an application to the registrar requiring the registrar to refrain from using or disclosing secured information relating to an individual (“S”) who—

(a)is a registrable person;

(b)proposes to become a registrable person; or

(c)used to be a registrable person,

in relation to the applicant.

(2) An eligible Scottish partnership may only make an application under paragraph (1) where S has given consent for the eligible Scottish partnership 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 activities of the applicant; or

(b)one or more characteristics or personal attributes of S when associated with the applicant,

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, if applicable, the registered number of the applicant;

(iv)an address at which documents may be effectively served on the applicant;

(v)the e-mail address of the applicant, if any;

(vi)the name and any former name of S;

(vii)the date of birth of S;

(viii)the usual residential address of S; and

(ix)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 the period of 7 days beginning with the date on which 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 the period of 28 days beginning with the date of the notice.

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