Office of Public Sector Information

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations specify the conditions for disclosure of directors’ usual residential addresses to public authorities and credit reference agencies under section 243 of the Companies Act 2006 (“the Act”), make provision for applications to the registrar of companies under section 243 of the Act to refrain from disclosing a director’s usual residential address to a credit reference agency, and make provision for applications to the registrar of companies under section 1088 of the Act for addresses on the register to be made unavailable for public inspection.

Part 2 of these Regulations applies to protected information as defined in section 240 of the Act.

Regulation 2 and Schedule 1 specify the public authorities to whom the registrar may disclose protected information in accordance with section 243 of the Act.

Regulations 2 and 3 and Schedule 2 specify the conditions for the disclosure of such information to a public authority or credit reference agency.

Regulation 4 provides for the registrar to refrain from disclosing protected information to a credit reference agency in respect of a beneficiary of a successful decision under section 243 or applicant for a section 243 decision.

Regulations 5, 6, 7 and 8—

(a) make provision as to who may make an application to the registrar under section 243,

(b) prescribe the grounds for making an application under section 243,

(c) make provision for the manner of making an application,

(d) make provision for the evidence to be delivered to the registrar in support of the application, and

(e) empower the registrar to refer questions to other bodies for the purposes of deciding upon applications.

Part 3 of the Regulations makes provision for an application under section 1088 of the Act for the registrar to make an address on the register unavailable for public inspection.

Regulations 9, 10, 11, 12 and 13 make similar provision in relation to applications under section 1088 to that made in regulations 5 to 8 and make provision as to the effect of a successful application under section 1088.

Part 4 of the Regulations contains provisions relating to both applications and decisions under section 243 and under section 1088.

Regulation 14 provides for appeals to the court against the decision of the registrar rejecting an application.

Regulation 15 determines the duration for which a decision in favour of an applicant shall continue to have effect, and regulation 16 provides that the registrar may revoke a decision under section 243 or 1088 where an offence has been committed under section 1112 of the Act (general false statement offence).

An Impact Assessment in respect of these Regulations has been produced and copies are available from the Company Law and Governance Directorate, Department for Business, Enterprise and Regulatory Reform, 1 Victoria Street, London, SW1H 0ET or on www.berr.gov.uk/bbf/co-act-2006.