Right to issue restrictions notice
- Consider third-party rights before issuing restrictions notice
UK Statutory Instrument
2017
United Kingdom
The Scottish Partnerships (Register of People with Significant Control) Regulations 2017
At a glance
What's here
19 compliance obligations
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
Failure to comply with a regulation 10 or 11 notice: valid reason
- Consider the addressee's incapacity when deciding if non-compliance is valid
Withdrawal of a restrictions notice
- Issue withdrawal notice within 14 days with required details
Browse 71 other Schedules — structural / supplementary
Introduction
Introduction
Joint interests and joint arrangements
The right to surplus assets of an eligible Scottish partnership on a winding up
Right held “indirectly”
Voting rights and the right to appoint or remove persons entitled to take part in management
Rights held by nominees
Rights treated as held by person who controls their exercise
Rights exercisable only in certain circumstances etc.
Rights attached to shares held by way of security
Meaning of “significant influence or control”
Ownership of right to surplus assets on a winding up
Ownership of voting rights
Ownership of right to appoint or remove the persons entitled to manage the eligible Scottish partnership
Significant influence or control
Trusts, partnerships etc.
Introduction
Holding an interest
Interests held through a legal entity
The power of an eligible Scottish partnership to withdraw restrictions notice
Content of a warning notice
Content of a restrictions notice
Offences for failing to comply with notices
Offences for failing to provide information
Relevant interests
Effect of restrictions notice
Protection of third party rights
Breach of restrictions
(1) A person guilty of an offence under paragraph 5...
Relaxation of restrictions
Orders for sale
(1) If a relevant interest is sold in pursuance of...
A statement that the person holds, directly or indirectly, the...
A statement that— (a) the person has the right to...
A statement that— (a) the person has the right to...
A statement that— (a) the person has the right to...
A statement that— (a) the person has the right to...
A statement that— (a) the person has the right to...
A statement that— (a) the person has the right to...
A statement that— (a) the person has the right to...
A statement that— (a) the person has the right to...
A statement that— (a) the person has the right to...
A statement that— (a) the person has the right to...
A statement that the person holds, directly or indirectly, the...
A statement that— (a) the person has the right to...
A statement that— (a) the person has the right to...
A statement that— (a) the person has the right to...
A statement that— (a) the person has the right to...
A statement that— (a) the person has the right to...
In this Schedule— (a) paragraph 12 of Schedule 1 has...
A statement that the person holds, directly or indirectly, the...
A statement that the person holds, directly or indirectly, more...
A statement that the person holds, directly or indirectly, more...
A statement that the person holds, directly or indirectly, 75%...
A statement that the person holds the right, directly or...
A statement that the person has the right to exercise,...
A statement that— (a) the person has the right to...
The specified public authority has delivered to the registrar a...
The relevant institution has delivered to the registrar a statement...
The relevant institution has delivered to the registrar a statement...
The relevant institution has delivered any information or evidence required...
The relevant institution has complied with any requirement by the...
In this Schedule— (a) “processor” means any person who provides...
Subject to paragraph 3, the specified public authority has delivered...
Paragraph 2 does not apply where the specified public authority...
The specified public authority has delivered any information or evidence...
The specified public authority has complied with any requirement by...
(1) The credit institution or financial institution, referred to in...
The relevant institution has delivered to the registrar a statement...
The relevant institution has delivered to the registrar a statement...
The relevant institution has delivered to the registrar a statement...
Duty to investigate and obtain information
- Investigate and obtain information about people with significant control
Duty to keep information up to date
- Notify registrable persons of relevant changes within 14 days
Duty to deliver information to the registrar
- File people with significant control (PSC) details to Companies House within 14 days
Duty to deliver information about a relevant change
- Notify Companies House of changes to people with significant control within 14 days
Additional matters to be notified to the registrar where there is no registrable person or registrable relevant legal entity
- Tell Companies House if your Scottish partnership has no PSC
Additional matters where there is an unidentified registrable person
- Report unidentified registrable person to Companies House
Additional matters where an identified registrable person's particulars are not confirmed
- Notify Companies House of unconfirmed registrable person details
Additional matters where investigations by an eligible Scottish partnership are ongoing
- File a statement if you've not finished identifying your People with Significant Control
Additional matters where there is a failure to comply with a notice given under regulation 10
- Report to registrar when a notice under regulation 10 is not complied with
Additional matters where there is a failure to comply with a notice given under regulation 11
- Report non-compliance with a PSC notice to Companies House
Additional matters where a notice given under regulation 10 or 11 is complied with after the time specified in the notice
- Notify Companies House when a person complies late with a PSC notice
Additional matters where an eligible Scottish partnership has issued a restrictions notice
- Notify Companies House of restrictions notice and court orders
End-dating of additional matters
- Notify Companies House when a PSC statement becomes inaccurate
Duty to deliver a confirmation statement
- File confirmation statement for Scottish partnership within 14 days after review period
Restriction on use or disclosure of URA information by an eligible Scottish partnership
- Do not disclose URA information except in permitted circumstances
Protection by an eligible Scottish partnership of secured information
- Protect secured information about individuals with pending applications
Browse 71 other sections — procedural / definitional / commencement
Citation and commencement
Interpretation
Key terms
Amendment of the Limited Partnerships Act 1907
Duty on Scottish qualifying partnerships to register
Registration information
Notification of changes to the registration information
Effect of a partnership ceasing to be a Scottish qualifying partnership
Offences in relation to registration
Failure by an eligible Scottish partnership to comply with information duties
Duty on others to supply information
Duty on others to update information
Enforcement of disclosure requirements
Power to make exemptions
Required particulars
Nature of control over an eligible Scottish partnership
Meaning of “confirmed”
Usual residential address
Offences in relation to this Part
Information as to the state of the register
Power of court to order an eligible Scottish partnership to remedy default or delay
Meaning of “confirmation period” and “confirmation date”
Review period
Failure to deliver a confirmation statement
Information as to usual residential address
Restriction on ... disclosure of URA information by the registrar
Permitted use or disclosure by the registrar
Disclosure under court order
Circumstances in which the registrar must omit secured information from material on the register available for public inspection
Circumstances in which the registrar must not ... disclose secured information
Fee payable for the disclosure by the registrar of secured information to a specified public authority
Fee payable for the disclosure by the registrar of secured information to a credit institution or a financial institution
Application by an individual requiring the registrar to refrain from ... disclosing that individual's secured information
Application by an eligible Scottish partnership requiring the registrar to refrain from ... disclosing an individual's secured information
Application by a prospective partner in a prospective eligible Scottish partnership requiring the registrar to refrain from ... disclosing an individual's secured information
Matters relating to an application made under regulation 48, 49 or 50
Withdrawal of an application made under regulation 48, 49 or 50
Appeal against an unsuccessful application made under regulation 48, 49 or 50
Unsuccessful determination made under regulation 48, 49 or 50
Duration of a determination under regulation 48, 49 or 50
Revocation of a determination under regulation 48(5), 49(5) or 50(5)
Application of Part 35 of the Companies Act 2006
Section 1080(2) of the Companies Act 2006 applies to eligible...
reg.59
Section 1082 of the Companies Act 2006 (allocation of unique...
reg.60
Section 1087 (material not available for public inspection) of the...
Section 1087ZA of the Companies Act 2006 (required particulars available...
reg.62
Section 1087B applies in relation to information delivered to the...
reg.64
Section 1089 (form of application for inspection or copy) of...
reg.66
reg.67
Section 1095A of the Companies Act 2006 (rectification of register...
reg.68
Sections 1112 (false statements: basic offence) and 1112A (false statements:...
Application of Part 36 of the Companies Act 2006
reg.71
reg.72
reg.73
reg.74
Application of Part 37 of the Companies Act 2006
reg.76
Interpretation of this Part
Consequential amendment to the Companies Act 2006
Consequential amendment to the Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009
Transitional provision in relation to regulations 78 and 79
Consequential amendment to the Limited Partnerships (Forms) Rules 2009
Protection for registrable persons applying for protection of secured information
Review
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