2024 No. 410

COMPANIES

PARTNERSHIP

The Economic Crime and Corporate Transparency Act 2023 (Consequential, Supplementary and Incidental Provisions) Regulations 2024

Made20th March 2024

Coming into force in accordance with regulation 1(2)

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 216 and 217(1)(a) of the Economic Crime and Corporate Transparency Act 2023¹.

In accordance with section 217(5)(i) of the Economic Crime and Corporate Transparency Act 2023, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

^I11 Citation, commencement and extent¶

1 These Regulations may be cited as the Economic Crime and Corporate Transparency Act 2023 (Consequential, Supplementary and Incidental Provisions) Regulations 2024.

2 These Regulations come into force on 21st March 2024.

3 These Regulations extend to England and Wales, Scotland and Northern Ireland.

^I22 Amendments to primary legislation¶

Schedule 1 has effect.

^I33 Amendments to subordinate legislation¶

Schedule 2 has effect.

Schedule 1 ¶

Amendments to primary legislation

Regulation 2

^I41 Companies Act 2006¶

In section 1087(1)(gd) of the Companies Act 2006² at the appropriate places insert—

;

^I52 Economic Crime (Transparency and Enforcement) Act 2022¶

In paragraph 6(3) of Schedule 1 (applications: required information) to the Economic Crime (Transparency and Enforcement) Act 2022³, after “sub-paragraph (1)(a)” insert “and (g)”.

Schedule 2 ¶

Amendments to subordinate legislation

Regulation 3

^I61 European Economic Interest Grouping Regulations 1989¶

Schedule 4 (provisions of Companies Acts applying to UKEIGs and EEIG establishments) to the European Economic Interest Grouping Regulations 1989⁴ is amended as follows—

a for paragraph 31 substitute—

;

b for paragraph 32 substitute—

;

c for paragraph 32A substitute—

;

d for paragraph 34 substitute—

;

e for paragraph 35 substitute—

;

f for paragraph 36 substitute—

36Section 1094¹² (removal of material from the register), as if it reads as follows—

1094 Removal of material from the register

1 The registrar may remove from the register anything that appears to the registrar to be—

a a document, or material derived from a document, accepted under section 1073 (power to accept documents not meeting requirements for proper delivery), or

b unnecessary material as defined by section 1074.

2 The power to remove material from the register under this section may be exercised—

a on the registrar’s own motion, or

b on an application made in accordance with regulations under section 1094A(2).

3 The registrar may exercise the power to remove from the register anything the registration of which had legal consequences only if satisfied that the interest of the UKEIG or EEIG establishment, or (if different) the applicant, in removing the material outweighs any interest of other persons in the material continuing to appear on the register.

4 The Secretary of State may by regulations provide that the registrar’s power to remove material from the register under this section following an application is limited to material of a description specified in the regulations.

5 Regulations under this section are subject to the negative resolution procedure.

;

g after paragraph 36 insert—

;

h after paragraph 36A insert—

;

i for paragraph 37 substitute—

;

j for paragraph 38 substitute—

^I72 European Public Limited-Liability Company Regulations 2004¶

1 The European Public Limited-Liability Company Regulations 2004¹⁶ are amended as follows.

2 In Schedule 1A (modifications of provisions of the 2006 Act applying in relation to documents sent to the registrar etc)¹⁷—

a for paragraph 4 substitute—

;

b paragraph 5 is omitted.

3 For paragraph 3 of Schedule 2 (provisions of the 2006 Act applying to the registration of UK Societas) substitute—

^I83 Companies (Disclosure of Address) Regulations 2009¶

1 The Companies (Disclosure of Address) Regulations 2009¹⁸ are amended as follows.

2 In regulation 1(2)—

a for the definition of “section 243 application” substitute—

;

b in the definition of “section 1088 application”, for “(application to registrar to make address unavailable for public inspection)” substitute “(power to make regulations protecting material).

3 In regulation 16(1), for “section 1112 (general false statement offence)” substitute “section 1112 (false statements: basic offence) or section 1112A (false statements: aggravated offence)”.

4 In Schedule 2 (conditions for permitted disclosure)—

a for paragraph 6(1)(c)(i) substitute—

;

b for paragraph 7(d)(i) substitute—

^I94 Overseas Companies Regulations 2009¶

1 The Overseas Companies Regulations 2009¹⁹ are amended as follows.

2 In regulation 18(2) (interpretation), omit the definition of “specified public authority”.

3 In regulation 21 (protected information: restriction on use or disclosure by registrar)—

a in the heading omit “use or”;

b in paragraph (3)—

i for “the registrar must not use or disclose” substitute “the registrar must not disclose”;

ii for sub-paragraph (a) substitute—

;

iii at the end of sub-paragraph (b) for the full stop substitute “, or”;

iv after sub-paragraph (b) insert—

4 Omit regulation 22 (permitted use of protected information by the registrar: communication).

5 Omit regulation 23 (permitted disclosure by the registrar: disclosure to specified public authority).

6 Omit Schedule 1 (specified public authorities).

7 In Schedule 2 (conditions for permitted disclosure)—

a omit Part 1 (disclosure to specified public authority);

b in paragraph 6(c)(i) for “section 1112 (general false statement offence)” substitute “section 1112 (false statements: basic offence) or section 1112A (false statements: aggravated offence)”;

c for paragraph 7(d)(i) substitute—

;

d in paragraph 11—

i in sub-paragraph (1) omit the definition of a “public function” and “and” preceding it;

ii omit sub-paragraph (2) and “and” preceding it.

^I105 Unregistered Companies Regulations 2009¶

Schedule 1 (provisions of the Companies Acts applying to unregistered companies) to the Unregistered Companies Regulations 2009²⁰ is amended as follows—

a for paragraph 7 substitute—

;

b in paragraph 12C—

i for sub-paragraph (2) substitute—

ii after sub-paragraph (2) insert—

;

c in paragraph 17(2)—

i after paragraph (d) insert—

;

ii after paragraph (e) insert—

;

iii after paragraph (f) insert—

;

d in paragraph 20(1)—

i omit paragraph (cza);

ii for paragraph (ca) substitute—

;

e in paragraph 20(2A) for “section 1087B for sub-paragraph (3)” substitute “section 1087C for sub-paragraph (4)”.

^I116 Companies (Disclosure of Date of Birth Information) Regulations 2015¶

1 The Companies (Disclosure of Date of Birth Information) Regulations 2015²¹ are amended as follows.

2 In regulation 3 for “restricted DOB information” substitute “relevant date of birth information²²” in each place it occurs.

3 In schedule 2 (conditions for permitted disclosure)—

a in paragraph 5 for “restricted DOB information” substitute “relevant date of birth information”;

b in paragraph 6—

i in sub-paragraph (b)(i) for “restricted DOB information” substitute “relevant date of birth information”;

ii for sub-paragraph (c)(i) substitute—

;

iii in sub-paragraph (c)(ii) for “restricted DOB information” substitute “relevant date of birth information”;

c in paragraph 7—

i for “restricted DOB information” substitute “relevant date of birth information” in each place it occurs;

ii for sub-paragraph (d)(i) substitute—

d in paragraph 8 for “restricted DOB information” substitute “relevant date of birth information”;

e in paragraph 9 for “restricted DOB information” substitute “relevant date of birth information”;

f in paragraph 11(2)(a) for “restricted DOB information” substitute “relevant date of birth information”.

^I127 Register of People with Significant Control Regulations 2016¶

1 The Register of People with Significant Control Regulations 2016²³ are amended as follows.

2 In regulation 32(1)(a) for “section 1112 of the Act (general false statement offence)” substitute “section 1112 (false statements: basic offence) or section 1112A (false statements: aggravated offence) of the Act”.

3 In regulation 34(3)—

a for the full stop at the end of sub-paragraph (c) substitute “, and;”;

b after sub-paragraph (c) insert—

4 In Schedule 4 (conditions for permitted disclosure)—

a in paragraph 6(c) for “section 1112 of the Act (general false statement offence)” substitute “section 1112 (false statements: basic offence) or 1112A (false statements: aggravated offence) of the Act”;

b for paragraph 8(d)(i) substitute—

^I138 Scottish Partnerships (Register of People with Significant Control) Regulations 2017¶

1 The Scottish Partnerships (Register of People with Significant Control) Regulations 2017²⁴ are amended as follows.

2 In regulation 2, omit the definitions of “public authority”, “public function” and “specified public authority”.

3 In regulation 41—

a in the heading omit “use or”;

b in paragraph (3)—

i for “the registrar must not use or disclose” substitute “the registrar must not disclose”;

ii for sub-paragraph (a) substitute—

4 Omit regulation 42 (permitted use or disclosure by the registrar).

5 In regulation 45—

a in the heading omit “use or”;

b in paragraph (1) omit “use or”;

c in paragraph (2)—

i in sub-paragraph (a) omit “use or”;

ii for sub-paragraph (b) substitute—

6 Omit regulation 46.

7 In regulation 48—

a in the heading omit “using or”;

b in paragraph (1) omit “using or”.

8 In regulation 49—

a in the heading omit “using or”;

b in paragraph (1) omit “using or”.

9 In regulation 50—

a in the heading omit “using or”;

b in paragraph (1) omit “using or”.

10 In regulation 56(1)(a) for “section 1112 of the Companies Act 2006 (general false statement offence)” substitute “section 1112 (false statements: basic offence) or section 1112A (false statements: aggravated offence) of the Companies Act 2006”.

11 In regulation 63, for section 1087B(2) of the Companies Act 2006, as applied to an eligible Scottish partnership by that regulation, substitute—

12 For regulation 65 substitute—

13 Omit regulation 67A.

14 For regulation 69 substitute—

15 Omit Schedule 4 (specified public authorities).

16 In Schedule 5 (conditions for permitted disclosure)—

a omit Part 1 (disclosure to specified public authorities);

b in paragraph 14 omit—

i sub-paragraph (b);

ii “and” at the end of sub-paragraph (c);

iii sub-paragraph (d).

Footnotes

I1
Reg. 1 in force at 21.3.2024, see reg. 1(2)
I2
Reg. 2 in force at 21.3.2024, see reg. 1(2)
I3
Reg. 3 in force at 21.3.2024, see reg. 1(2)
I4
Sch. 1 para. 1 in force at 21.3.2024, see reg. 1(2)
I5
Sch. 1 para. 2 in force at 21.3.2024, see reg. 1(2)
I6
Sch. 2 para. 1 in force at 21.3.2024, see reg. 1(2)
I7
Sch. 2 para. 2 in force at 21.3.2024, see reg. 1(2)
I8
Sch. 2 para. 3 in force at 21.3.2024, see reg. 1(2)
I9
Sch. 2 para. 4 in force at 21.3.2024, see reg. 1(2)
I10
Sch. 2 para. 5 in force at 21.3.2024, see reg. 1(2)
I11
Sch. 2 para. 6 in force at 21.3.2024, see reg. 1(2)
I12
Sch. 2 para. 7 in force at 21.3.2024, see reg. 1(2)
I13
Sch. 2 para. 8 in force at 21.3.2024, see reg. 1(2)
F1
Words in reg. 1(2) substituted (13.3.2025) by The Economic Crime and Corporate Transparency Act 2023 (Commencement No. 4) Regulations 2025 (S.I. 2025/349), reg. 5(7)
1
2023 c. 56.
2
2006 c. 46. Section 1087(1)(gd) was inserted by section 69 of the Economic Crime and Corporate Transparency Act 2023.
3
2022 c. 10. Paragraph 6(1) was amended by sections 157 and 160 of the Economic Crime and Corporate Transparency Act 2023.
4
S.I. 1989/638. Schedule 4 was amended by S.I. 2008/948, 2009/2399, 2015/1695 and 2018/1299.
5
Section 1084 was amended by section 82(2) of the Economic Crime and Corporate Transparency Act 2023.
6
Section 1087 was amended by sections 52(2) and 85(4) of the Economic Crime and Corporate Transparency Act 2023. Other amendments have been made which are not relevant.
7
Sections 1087A and 1087B were substituted, and 1087C was inserted, by section 52(3) of the Economic Crime and Corporate Transparency Act 2023.
8
Section 243 was amended by sections 94(2) and (6) and 97 of the Economic Crime and Corporate Transparency Act 2023.
9
Section 1090 was amended by section 89(4) of the Economic Crime and Corporate Transparency Act 2023.
10
Section 1086 was amended by section 89(2) of the Economic Crime and Corporate Transparency Act 2023.
11
Section 1091 was amended by section 89(5) of the Economic Crime and Corporate Transparency Act 2023.
12
Section 1094 was substituted by section 85(2) of the Economic Crime and Corporate Transparency Act 2023.
13
Section 1094A was inserted by section 85(2) of the Economic Crime and Corporate Transparency Act 2023.
14
Section 1094B was inserted by section 85(2) of the Economic Crime and Corporate Transparency Act 2023.
15
Sections 1112 and 1112A were, respectively, substituted and inserted by section 102(3) of the Economic Crime and Corporate Transparency Act 2023.
16
S.I. 2004/2326.
17
Schedule 1A was inserted by regulation 37 of S.I. 2009/2400 and amended by regulation 45 of S.I. 2018/1298.
18
S.I. 2009/214.
19
S.I. 2009/1801.
20
S.I. 2009/2436.
21
S.I. 2015/1694.
22
The “relevant date of birth information” has the meaning given by section 1087A(5) of the Companies Act 2006, as inserted by section 52 of the Economic Crime and Corporate Transparency Act 2023.
23
S.I. 2016/339.
24
S.I. 2017/694.
25
Section 1089 was amended by section 89(3) of the Economic Crime and Corporate Transparency Act 2023.