The Companies (Disclosure of Date of Birth Information) Regulations 2015

Made: 17th September 2015

Laid before Parliament: 18th September 2015

Coming into force: 10th October 2015

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 243(3), 1087B(2) and (3), and 1292(1) of the Companies Act 2006 .

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Companies (Disclosure of Date of Birth Information) Regulations 2015 and come into force on 10th October 2015.

• (2) In these Regulations—

• “the “Act” means the Companies Act 2006 and, unless the context otherwise requires, reference to a numbered section is a section so numbered in that Act;

• “the 1985 Act” means the Companies Act 1985 ;

• “the 1986 Order” means the Companies (Northern Ireland) Order 1986 ;

• ...

Permitted disclosure by the registrar to specified public authorities

2

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Permitted disclosure by the registrar to credit reference agencies

3

• (1) The registrar may disclose relevant date of birth information to a credit reference agency where the conditions specified in paragraphs 6 to 10A of Schedule 2 are satisfied.

• (2) The registrar may rely on a statement delivered to the registrar by a credit reference agency under paragraph 10 of Schedule 2 as sufficient evidence of the matters stated in it.

• (3) Notwithstanding paragraph (2), a credit reference agency shall deliver to the registrar such information or evidence in addition to the statement required by paragraph 10 of Schedule 2 as the registrar may direct for the purpose of enabling the registrar to determine in accordance with these Regulations whether to disclose relevant date of birth information to a credit reference agency.

• (4) The registrar may require such information or evidence to be verified in such manner as the registrar may direct.

• (5) The credit reference agency must inform the registrar immediately of any change in respect of any statement delivered to the registrar pursuant to Schedule 2 or information or evidence provided for the purpose of enabling the registrar to determine whether to disclose relevant date of birth information.

SCHEDULE 1 — SPECIFIED PUBLIC AUTHORITIES

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SCHEDULE 2 — CONDITIONS FOR PERMITTED DISCLOSURE

PART 1 — Disclosure to specified public authorities

1

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2

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3

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4

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PART 2 — Disclosure to a credit reference agency

5

Paragraphs 6 to 10 set out the conditions specified for the disclosure of relevant date of birth information by the registrar to a credit reference agency.

6

• (1) The credit reference agency—

• (a) is carrying on in the United Kingdom ... a business comprising the furnishing of information relevant to the financial standing of individuals, being information collected by the agency for that purpose;

• (b) maintains appropriate procedures—

• (i) to ensure that an independent person can investigate and audit the measures maintained by the agency for the purposes of ensuring the security of any relevant date of birth information disclosed to that agency; and

• (ii) for the purposes of ensuring that it complies with its obligations under the data protection legislation (as defined in section 3 of the Data Protection Act 2018);

• (c) has not been found guilty of an offence under—

• (i) section 1112 (false statements: basic offence) or section 1112A (false statements: aggravated offence) of the Act or section 2 of the Fraud Act 2006 (fraud by false representation);

• (ii) section 47 (failure to comply with enforcement notice) of the Data Protection Act 1998 in circumstances where it has used the relevant date of birth information for purposes other than those described in sub-paragraphs (a) to (e) of paragraph 7 below ; or

• (iii) section 144 of the Data Protection Act 2018 (false statements made in response to an information notice) or section 148 of that Act (destroying or falsifying information and documents etc) or section 148C of that Act (false statements made in response to interview notices);

• (d) has not been given a penalty notice under section 155 of the Data Protection Act 2018 in circumstances described in paragraph (c)(ii), other than a penalty notice that has been cancelled.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

The credit reference agency has delivered to the registrar a statement that it intends to use the relevant date of birth information only for the purposes of—

• (a) providing an assessment of the financial standing of a person;

• (b) meeting any obligations contained in the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 or any rules made pursuant to section 137A of the Financial Services and Markets Act 2000 which relate to the prevention and detection of money laundering in connection with the carrying on of regulated activities by authorised persons ...;

• (c) conducting conflict of interest checks required or made necessary by any enactment;

• (d) the provision of relevant date of birth information to—

• (i) a person to whom the registrar could disclose information under section 1110F (disclosure by the registrar) of the Act; or

• (ii) a credit reference agency which has satisfied the requirements of this Part of this Schedule; or

• (e) conducting checks for the prevention and detection of crime and fraud.

8

The credit reference agency has delivered to the registrar a statement that it intends to take delivery of and to use the relevant date of birth information only in the United Kingdom ....

9

The credit reference agency has delivered to the registrar a statement that it will, where it supplies a copy of the relevant date of birth information to a processor for the purpose of processing the information for use in respect of the purposes referred to in paragraph 7—

• (a) ensure that the processor is one who carries on business in the United Kingdom;

• (b) require that the information is not transmitted outside the United Kingdom by the processor; and

• (c) require that the processor does not disclose the information except to the credit reference agency or an employee of the credit reference agency.

10

The credit reference agency has delivered to the registrar a statement that it meets the conditions in paragraph 6 above.

PART 3 — Interpretation of this Schedule

11

• (1) In this Schedule—

• “processor” means any person who provides a service which consists of putting information into data form or processing information in data form and any reference to a processor includes a reference to its employees; and

• ...

• (2) In this Schedule any reference to—

• (a) an employee of any person who has access to relevant date of birth information shall be deemed to include any person working or providing services for the purposes of that person or employed by or on behalf of, or working for, any person who is so working or who is supplying such a service; and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed

Baroness Neville-Rolfe — Parliamentary Under Secretary of State for Business, Innovation and Skills — 2015-09-17

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2006 c. 46; section 1087B was inserted by the Small Business Enterprise and Employment Act 2015 (c. 26), section 96(1) and (3).

[^f00002]: 1985 c. 6.

[^f00003]: S.I. 1986/1032 (N.I. 6).

[^f00004]: “Restricted DOB information” means information falling within section 1087A(1) of the Companies Act 2006, as inserted by the Small Business, Enterprise and Employment Act 2015 (c. 26), section 96.

[^f00005]: 1986 c. 45; section 399 was amended by the Enterprise Act 2002 (c. 40), Schedule 23, paragraph 14 the Tribunals, Courts and Enforcement Act 2007 (c. 15), Schedule 20, paragraph 7 and the Crime and Courts Act 2013 (c. 22), Schedule 9, paragraph 93.

[^f00006]: Section 388 was amended by the Bankruptcy (Scotland) Act 1993 (c. 6), section 11, the Insolvency Act 2000 (c. 39), section 4 and S.I. 1994/2421, 2002/1240, 2002/2708 and 2009/1941.

[^f00007]: S.I. 1989/2405.

[^f00008]: S.I. 2001/1228.

[^f00009]: S.I. 2004/335.

[^f00010]: Regulation 22 was amended by the Companies Act 2006 (c. 46), section 1038 and S.I. 2004/3322.

[^f00011]: 1989 c. 40.

[^f00012]: 2000 c. 8.

[^f00013]: Section 166 of the Financial Services and Markets Act 2000 was amended by the Financial Services Act 2012 (c. 21) Schedule 12 paragraph 5 and section 166A was inserted by paragraph 6 of that Schedule.

[^f00014]: The definition of “investment authority” in section 168(5) was amended by the Financial Services Act 2012 (c. 21), Schedule 12, paragraph 8.

[^f00015]: Section 284 was amended by the Financial Services Act 2012 (c. 21), Schedule 18, paragraph 17.

[^f00016]: Section 82 was amended by the Financial Services Act 2012 (c. 21), Schedule 18, paragraph 63 the Criminal Justice Act 1993 (c. 36), Schedule 5, paragraph 11 and S.I. 2001/3649 and 2008/949.

[^f00017]: 1996 c. 16.

[^f00018]: 2012 asp 8.

[^f00019]: 2000 c. 32.

[^f00020]: 1979 c. 38; the definition of “lead enforcement authority” was amended by S.I. 2014/631.

[^f00021]: 1998 c. 29.

[^f00022]: OJ L 81, 23.11.1995, p. 31.

[^f00023]: 2006 c. 35.

[^f00024]: S.I. 2007/2157.

[^f00025]: Section 137A was inserted by section 24 of the Financial Services Act 2012 c. 21.

[^f00026]: OJ L 309, 25.11.2005, p. 15.

The Secretary of State;

the Minister for the Cabinet Office;

any Northern Ireland Department;

the Scottish Ministers;

the Welsh Ministers;

the Treasury;

the Commissioners for Her Majesty's Revenue and Customs;

the Bank of England (including the Bank in its capacity as the Prudential Regulation Authority);

the Director of Public Prosecutions;

the Director of Public Prosecutions for Northern Ireland;

the Serious Fraud Office;

the Secret Intelligence Service;

the Security Service;

the Government Communications Headquarters;

the Financial Conduct Authority;

...

the Competition and Markets Authority;

the Pensions Regulator;

the Panel on Takeovers and Mergers;

the Regulator of Community Interest Companies;

the Registrar of Credit Unions for Northern Ireland;

the Office of the Information Commissioner;

the Charity Commission;

the Charity Commission for Northern Ireland;

the Office of the Scottish Charity Regulator;

the Office of Communications;

the Gas and Electricity Markets Authority;

the Northern Ireland Authority for Utility Regulation;

the Gambling Commission;

the National Crime Agency;

the Health and Safety Executive;

the Office for Nuclear Regulation;

the Health and Safety Executive for Northern Ireland;

the Food Standards Agency;

the Gangmasters Labour and Abuse Authority

the Security Industry Authority;

a local authority within the meaning of section 54(2) of the Act;

an official receiver appointed under section 399 of the Insolvency Act 1986 (appointment, etc., of official receivers);

the Official Receiver for Northern Ireland;

the Crown Office and Procurator Fiscal Services;

the Marine Management Organisation;

a person acting as an insolvency practitioner within the meaning of section 388 of the Insolvency Act 1986 (meaning of “act as an insolvency practitioner”) or Article 3 of the Insolvency (Northern Ireland) Order 1989 (“act as an insolvency practitioner”);

an inspector appointed under Part 14 of the 1985 Act (investigation of companies and their affairs: requisition of documents) or Part 15 of the 1986 Order or a person appointed under regulation 30 of the Open-Ended Investment Companies Regulations 2001 (power to investigate) or regulation 22 of the Open-Ended Investment Companies Regulations (Northern Ireland) 2004 ;

any person authorised to exercise powers under section 447 of the 1985 Act (power to require documents and information), or section 84 of the Companies Act 1989 (exercise of powers by officers, etc.) or Article 440 of the 1986 Order;

any person exercising functions conferred by Part 6 of the Financial Services and Markets Act 2000 (official listing);

a person appointed to make a report under section 166 or 166A (reports by skilled persons) of the Financial Services and Markets Act 2000 ;

a person appointed to conduct an investigation under section 167 (appointment of persons to carry out general investigations) or 168(3) or (5) (appointment of persons to carry out investigations in particular cases) of the Financial Services and Markets Act 2000 ;

an inspector appointed under section 284 (power to investigate) of the Financial Services and Markets Act 2000 ;

...

a police force or police service within the meaning of section 101(1) of the Police Act 1996 (interpretation), section 6 of the Police and Fire Reform (Scotland) Act 2012 (the Police Service of Scotland) or section 1 of the Police (Northern Ireland) Act 2000 (name of the police in Northern Ireland);

the Scottish Housing Regulator;

the lead enforcement authority (as defined in section 33(1) of the Estate Agents Act 1979 ) exercising functions under the Estate Agents Act 1979.

Editorial notes

[^c22677881]: 2006 c. 46; section 1087B was inserted by the Small Business Enterprise and Employment Act 2015 (c. 26), section 96(1) and (3).

[^c22677891]: 1985 c. 6.

[^c22677901]: S.I. 1986/1032 (N.I. 6).

[^c22678121]: Section 137A was inserted by section 24 of the Financial Services Act 2012 c. 21.