Guidance

Restricting the disclosure of your information: Scottish Limited Partnerships and Scottish Qualifying Partnerships

Updated 1 May 2024

This guide is about how to apply to the registrar to restrict disclosure of certain information. It is not intended to reflect the full detail of the law.

This guide will be relevant to you if:

• you are or propose to be a person with significant control (PSC) of a Scottish Limited Partnership (SLP) or a Scottish Qualifying Partnership (SQP) and are entitled to apply to the registrar to restrict disclosure of all your PSC information on the public register
• you act as an adviser to an SLP or SQP
• you are seeking to suppress specified addresses from continuing to be published on the public register

The relevant legislation you can apply under is

• The Scottish Partnerships (Register of People with Significant Control) Regulations 2017
• Section 1088 of the Companies Act 2006
• The Companies (Disclosure of Address) Regulations 2009 (SI 2009/214)

More detailed information about how to identify people with significant control (PSCs) is available in guidance provided by the Department for Business, Energy and Industrial Strategy (BEIS).

What protection means

The vast majority of information registered with Companies House is available on the public register, this includes the month and year of a person’s birth. However, residential addresses and the day of a person’s birth are not part of the public register, but are shared with specified public authorities.

In this guide protection means a further restriction is applied to the disclosure of registered information that is or could be publicly available. This protection must be sought by way of application and must meet certain statutory criteria to be awarded.

If an application is successful, the PSC’s registered information is protected and will not be made available for inspection on the public register. It would still be available to specified public authorities and credit and financial institutions on application. In these cases, the public register will show that there is a PSC subject to protection.

This guide also includes information on what to do where a PSC’s residential address has been mistakenly filed as a service address and is displayed on the public register.

1. Scottish Limited Partnerships and Scottish Qualifying Partnerships

1.1 The basis for making an application for protection

The activities of certain SLPs and SQPs can place their PSCs, or someone who lives with them, at serious risk of violence or intimidation. This could be due to their involvement in a particular sector of commerce or industry. An application may be appropriate if, for example you’re a PSC of a partnership which has been targeted by activists.

In addition, certain characteristics or personal attributes of a PSC when associated with a partnership could put them, or someone who lives with them at risk. For example, you might be a member of a particular religious community and you’re a PSC of a partnership whose activities conflict with the principles of that religion.

This is not an exhaustive set of circumstances, and making an application to restrict access to your PSC information will depend on your individual circumstances.

You’ll need to provide evidence to support the grounds of your application, which will be assessed before the registrar makes a decision.

1.2 Who can make an application for protection

An individual who is, used to be or proposes to be a PSC can make an application to have all of their information protected.

A partnership can make an application for one or more individual who is, used to be or proposes to be a PSC to have all their information protected.

A prospective partner in a prospective partnership can make an application for one or more of its proposed PSCs to have all their information protected.

1.3 Advance applications

It’s possible for a proposed PSC to make an application for protection in advance of becoming a partnership’s PSC, and without the partnership’s knowledge. In these cases, the proposed PSC should use the forms designed for individual applications.

The applicant should ensure they make their application in plenty of time to allow for a decision to be made and for them to inform the partnership of their protected status before PSC information is due to be filed at Companies House, so they can manage the PSC’s information appropriately.

1.4 When to make an application for protection

From 24 July 2017, SLPs and SQPs must register their PSC information with Companies House, ensure they keep it up to date throughout the year by filing any relevant changes within 14 days and confirm its accuracy at least once a year when delivering their confirmation statement.

Applications for PSC information to be protected can be sent to the Registrar on or after 26 June 2017, so relevant information can be protected by the time SLPs and SQPs have to deliver information to the registrar

Where possible, applications for protection should be made in advance of information being filed with the registrar, such as in an application for registration or notification of a new PSC. This ensures the application for protection is registered and measures are put in place to stop the information being made available on the public register.

An application can be made:

• in advance of registration of the SQP/SLP
• in advance of an individual becoming a PSC
• at the same time as an application for registration of the SQP/SLP
• at the same time as a notification is sent to us about an individual becoming a PSC
• after an individual’s details have been in the public domain

1.5 How to make an application for protection

To start an application, telephone or email our secure register team. They’ll advise you about the process and provide the relevant forms. These forms are only available from the secure register team, and will only be accepted on the coloured paper provided. Annex A details which form to use.

Call the team on 029 2150 7370 to request forms or enquire about the process.

Alternatively, you can request forms by emailing DSR@companieshouse.gov.uk.

If you have a general query about protection, you should email DSR@companieshouse.gov.uk.

Applications should be sent to:

The Registrar of Companies
PO Box 4082
Cardiff
CF14 3WE

1.6 Information required in an application for protection

Exact information requirements vary, and are set out in more detail in Annex B.

All applications require:

• a statement of the grounds on which the application is made
• details about the applicant
• details about the individual(s) requiring protection
• details about the SLP/SQP or proposed SLP/SQP in question

1.7 Evidence of serious risk of violence or intimidation required

Applications must be accompanied by evidence which supports the basis upon which the application is made. For example, if the individual or someone who lives with them is at serious risk of violence or intimidation as a result of the activities of the SLP or SQP they’re associated with.

It is not possible to provide an exhaustive list, but the sorts of evidence that might be appropriate are:

• a police incident number if a previous attack has occurred
• documentary evidence of a threat or attack
• evidence of disruption, violence, intimidation or other targeting by activists

1.8 Application fee

All applications must be accompanied by a fee of £100. We’ll reject your application if you do not include the correct fee.

1.9 When protection comes into effect

For PSCs applying to have all of their information protected from disclosure on the public register, the relevant information will be protected from the time the application is registered by us.

In the case of PSCs making retrospective applications to suppress their information from disclosure on the public register after it has already been disclosed, we will suppress the information as soon as reasonably practicable.

Where an application to suppress all a PSC’s information has been made to the registrar, the partnerships involved must not disclose the information, other than in certain limited circumstances. Regulation 57(2) of The Scottish Partnerships (Register of People with Significant Control) Regulations 2017 provides more information.

Partnerships should never disclose the URA of their PSCs, regardless of any application for protection, other than in certain limited circumstances. See regulations 40 and 43 of The Scottish Partnerships (Register of People with Significant Control) Regulations 2017 for more information.

1.10 Where the applicant’s details change during the application process

There may be instances where an applicant’s circumstances change during the application process. As soon as an applicant becomes aware of any change to information or evidence sent to us in connection with their application for protection, they should tell the secure registers team in writing without delay. This includes telling us if there is a change of address or if application for protection is no longer required.

1.11 What happens when we receive your application

When we receive an application, we’ll send a letter acknowledging receipt.

We’ll check the details provided and review the grounds for making the application. We may ask you to provide additional evidence if we feel that you haven’t supplied sufficient information.

To help us reach a decision we’ll seek an assessment of the nature and extent of the risk to you (or someone living with you) of violence or intimidation from a relevant authority. The time it takes for the registrar to make a decision will vary depending on the assessment of the evidence. During this time your information will be protected.

Once the registrar’s made a decision in relation to an application for protection, we’ll send notices to the:

• applicant within 7 days of making his decision, where an application is made by an individual
• partnership and the individual within 7 days of making his decision, where an application is made by an SLP or SQP
• applicant and the individual within 7 days of making his decision, where an application is made by a prospective partner

If your application’s successful, the information will remain protected indefinitely, or until we’re notified protection is not needed any longer.

The registrar may revoke protection if the applicant or anyone else the application relates to is found guilty of a false statement offence (section 1112 of the Companies Act 2006) in respect of the information connected to the application.

1.12 If your application is unsuccessful

If the application for protection of all your PSC information is unsuccessful, the information will be available on the public register no sooner than 42 days after the decision has been made (subject to any appeal outcomes).

The registrar will notify the individual and partnership that the information has been published on the public record as soon as reasonably practicable.

In the event of an unsuccessful application, the registrar will send notices to the:

• applicant within 7 days of making his decision, where an application is made by an individual
• partnership and the individual within 7 days of making his decision, where an application is made by an SLP or SQP
• applicant and the individual within 7 days of making his decision, where an application is made by a prospective partner

The above notices will include information on the applicant’s right to apply to the High Court, or the Court of Session in Scotland, for permission to appeal within 28 days from the date of the registrar’s notice.

An application for appeal may be made to the High Court, or in Scotland to the Court of Session, on the grounds that the decision is unlawful, irrational or unreasonable, or has been made on the basis of a procedural impropriety or otherwise contravenes the rules of natural justice.

Where an application to appeal is made outside the 28 days, the court will need to be satisfied there was good reason for the failure of the applicant to seek permission before the end of that period.

An applicant who seeks permission to appeal must serve a written notice of the application on the registrar within 7 days of making the application for permission. If a notice of appeal is not received within 42 days of the registrar’s notice of an unsuccessful application for protection of all a PSC’s information, the PSC’s information will be made available for inspection on the public register.

The court may dismiss an appeal or quash the registrar’s decision. If the court quashes the decision the matter is referred back to the registrar to reconsider and make a decision in accordance with the findings of the court.

1.13 When an application to protect all PSC information is unsuccessful, and you no longer want to be a PSC

If your application for protection is unsuccessful, and you do not want to continue to be a PSC of that SLP or SQP, there’s a temporary arrangement in place for you to disassociate yourself from that partnership. This only applies if you’re a PSC on 26 June 2017.

If an application made by you or on your behalf before 24 July 2017 is unsuccessful, and you cease to be a PSC within 12 weeks, notify the registrar in writing within that timescale. If you do this, your details as PSC will never be made available for public inspection.

The 12 week timescale starts from either:

• the date a notification of an unsuccessful determination is sent by the registrar;
• the date an appeal against a determination made by the register is dismissed by the court;
• or the date the registrar is made aware that an appeal has been withdrawn or abandoned.

In these cases, the PSC must notify the registrar and the partnership of the date on which they ceased to be the PSC. If the registrar does not receive that notice, the information will be made available on the public register as soon as reasonably practicable by the registrar.

2. Application to make an address unavailable for public inspection

Section 1088 of the Companies Act 2006, and regulation 9 of The Companies (Disclosure of Address) Regulations 2009 (as applied to Scottish Partnerships by regulation 64 of the Scottish Partnerships (Register of People with Significant Control) Regulations 2017), allows the registrar of companies to remove an address, which has been placed on the register, from public inspection.

An application can be made by an individual to remove an address from the register.

2.1  Application by an individual

An application can be made by an individual to remove an address, which is also their residential address, from public inspection.

 Address information which cannot be removed

You cannot remove your residential address which has been used as a current or previous registered office address.

What the application must contain

An application from an individual must contain:

• the name and any former name of the applicant
• the usual residential address of the applicant that is to be made unavailable for public inspection
• an address for correspondence in respect of the application
• the name and registered number of each SLP or SQP of which the applicant has indicated that their URA was placed on the register
• the documents where you want the URA to be removed (please give the document type or, where the document is a form, the number and title of the form)
• if you are a current serving officer, the service address that will replace the URA on the register
• the date of birth of the applicant

If the SLP or SQP is dissolved or closed, or if the person is no longer acting, a service address is not required as we will hide part of your address and only retain the first half of the post code for public inspection. For non-UK addresses, we will only retain the state or province and country for public inspection.

 When we receive your application

When we receive an application, we’ll send a letter acknowledging receipt. We will then proceed with removing your address from public inspection. The time to do this will vary depending on the number of documents you want to suppress.

2.2 How to make an application

To make an application, you can telephone or email our secure register team. They’ll advise you about the process and provide the relevant forms. The forms will only be accepted on the coloured paper provided.

You can call the team on 029 2150 7370 to request forms or enquire about the process. Alternatively, you can request forms by emailing DSR@companieshouse.gov.uk.

You should provide your name, where you want the forms to be sent, the type of application you are making (see paragraph 2.1) and the number of forms you require.

If you have a general query about protection, you should email DSR@companieshouse.gov.uk.

Applications should be sent to:

The Registrar of Companies
PO Box 4082
Cardiff
CF14 3WE

2.3 Application fee

All applications must be accompanied by the correct fee. The fee for making an application to suppress a URA is £30. We’ll reject your application if you do not include the correct fee.

2.4 When we receive your application

When we receive an application, we’ll send a letter acknowledging receipt.

We’ll check the details provided and review the grounds for making the application. We may ask you to provide additional evidence if we feel that you have not supplied sufficient information. To assist the registrar in reaching a decision, we’ll seek an assessment from a relevant authority of the nature and extent of the risk to you of violence or intimidation.

The time it takes for the registrar to make a decision will depend on the complexity of the application, and the time needed to assess the nature and extent of the risk of violence or intimidation.

Once the registrar has made a determination in relation to an application, he will send a notice to the applicant within 5 working days of making his determination.

The registrar may revoke protection if the applicant or any other person to whom the application relates is found guilty of a false statement offence (section 1112 Companies Act 2006) in respect of the information connected to the application.

2.5 When suppression comes into effect

The URA information will only be suppressed when the registrar decides that the application is successful.

When a decision has been granted in your favour, we’ll make the address specified in the application unavailable for public inspection from the documents listed in the application.

2.6 If an application is unsuccessful

In the event of an unsuccessful application, the registrar will send a notice to the applicant within 5 working days of making a decision.

The above notice will include information on the applicant’s right to apply to the High Court, or the Court of Session in Scotland, for permission to appeal against the decision within 28 days from the date of the registrar’s notice.

An appeal may be made to the High Court, or in Scotland to the Court of Session, on the grounds the decision is unlawful, irrational or unreasonable, or has been made on the basis of procedural impropriety or otherwise contravenes the rules of natural justice. You can only make an appeal if the leave of the court has been obtained. Where an application for permission is made outside the 28 days, the court will need to be satisfied there was good reason for the failure of the applicant to seek permission before the end of that period.

3. Protection across different entities

There is separate legislation for protection across different entities. This has implications for people who are involved in different entities and want to apply for protection, for example, a director of a company who’s also a PSC of a Scottish Limited Partnership.

3.1 People who want protection across different entities

If you have different roles or are involved in different entities, you’ll need to make separate applications for each entity, sending in the relevant form, evidence and fee.

Example

You’re about to become a PSC of Company A, whose activities put you at serious risk of violence or intimidation. You apply to protect your information from being disclosed on the public register.

You’re also about to become a PSC of SLP B. This will require a separate application if you want your PSC details suppressed from the public register for this entity.

You’ll need to provide evidence in both applications, as the governing law is different.

4.  How to protect your information

Keeping your protected information safe is very important, and there are a number of things you can do to help us process it securely.

4.1 Applications

Contact the secure registers team on 029 2150 7370 if you want to apply for information to be protected. Alternatively, you can request forms by emailing DSR@companieshouse.gov.uk.

If you have a general query about protection, email DSR@companieshouse.gov.uk.

Wherever possible, apply for protection before you need to make filings that would include the protected information, such as registration of an SQP/SLP or PSC notification documents.

If you’re a PSC seeking protection, keep the SLP or SQP informed as far as possible, as they’ll need to manage your information properly in their filings.

If you’ve applied for protection, and decide to appeal when unsuccessful, notify our secure registers team within 7 days.

4.2 Filing Requirements

Once you’ve been protected, ask the secure registers team for advice if you are not sure what you need to do to file information securely.

The secure registers team will provide an individual PSC with an ID number linked to the partnership at first contact. Use that ID number in all correspondence with the Registrar relating to that PSC. Additional information will be required to talk to the secure registers team about a PSC.

If you’re filling in PSC details, and you have a PSC who has applied for, or been granted protection for all of his/her information, you must tick the statement on any relevant form. The statement reads: The PSC’s details are not shown because restrictions on using or disclosing any of the individual’s particulars are in force under regulations under regulation 44 of the Scottish Partnerships (Register of People with Significant Control) Regulations 2017. This statement will appear on the public register.

If your PSC has all his/her information protected from the public register, file on paper only where the filing would include secured information. This relates to:

• registration of an SQP/SLP
• becoming a PSC
• change of details
• PSC statements
• termination of a PSC

The information relating to the above is required to be sent on special, coloured forms which are only available from the secure registers team. Their telephone number is 029 2150 7370.

Send forms to the special address:

The Registrar of Companies
PO Box 4082
Cardiff
CF14 3WE

5. Annex A - List of application forms

Form number	What the form is for
SP SR01	Application by an individual to prevent all their PSC information being disclosed on the public register
SP SR02	Application by a partnership to prevent an individual’s PSC information being disclosed on the public register
SP SR03	Application by a prospective partner of a prospective Scottish limited partnership or Scottish qualifying partnership to prevent an individual’s PSC information being disclosed on the public register
SR01	Application under section 1088 to make an address unavailable for public inspection by an individual

6. Annex B - Overview of required information in an application for protection

6.1 Application to protect all PSC information from disclosure on the public record

An application from an individual (Form SP SR01) must contain:

• a statement of the grounds on which the application is made
• the name and any former name of the applicant
• the date of birth of the applicant
• the usual residential address of the applicant
• the email address of the applicant, if any
• the name and, if applicable, the registered number of the eligible Scottish partnership in relation to which the applicant is, proposes to become, or used to be a registrable person
• evidence which supports the applicant’s statement of the grounds on which the application is made

An application by an eligible Scottish Partnership (Form SP SR02) must contain:

• a statement of the grounds on which the application is made
• confirmation that the individual to whom the application refers to consents to the making of the application
• the name and, if applicable, the registered number of the applicant
• an address at which documents may be effectively served on the applicant
• the email address of the applicant, if any
• the name and any former name of the individual for whom the application is being made
• the date of birth of the individual for whom the application is being made
• the usual residential address of the individual for whom the application is being made
• the email address of the individual for whom the application is being made, if any
• be accompanied by evidence which supports the applicant’s statement of the grounds on which the application is made

An application by a Prospective Partnership (Form SP SR03) must contain:

• a statement of the grounds on which the application is made
• confirmation that the individual who proposes to become a partner consents to the making of the application
• the name and any former name of the applicant
• the usual residential address of the applicant
• the email address of the applicant, if any
• the proposed name of the eligible Scottish partnership to which the application relates
• the name and any former name of individual who proposes to become a partner
• the date of birth of individual who proposes to become a partner
• the usual residential address of individual who proposes to become a partner
• the email address of individual who proposes to become a partner, if any
• be accompanied by evidence which supports the applicant’s statement of the grounds on which the application is made

An application under 1088 by an individual (SP SR04) must contain:

• a statement of the grounds on which the application is made
• the name and any former name of the applicant
• the usual residential address of the applicant that is to be made unavailable for public inspection
• an address for correspondence in respect of the application
• the name and registered number of each eligible Scottish partnership of which the applicant is or has been at any time since 24 July 2017 a registrable person
• the service address which is to replace that usual residential address on the register
• the date of birth of the applicant
• the name of each eligible Scottish partnership of which the applicant proposes to become a registrable person
• be accompanied by evidence which supports the applicant’s statement of the grounds on which the application is made