The Limited Liability Partnerships (Register of People with Significant Control) Regulations 2016

UK Statutory Instrument 2016 No. 340 — creates 17 criminal offences.

Made

15 March 2016

In force from

Not determined

Extent

Not stated

Subject

Miscellaneous

Made under

Limited Liability Partnerships Act 2000

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations apply the provisions of Part 21A of and Schedules 1A and 1B to the Companies Act 2006 (c.24) and the Register of People with Significant Control Regulations (S.I. 2016/339) (the “PSC Regulations”) to limited liability partnerships (“LLPs”), so providing for LLPs to keep a register of people with significant control. Schedule 1 to these Regulations amends the Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804) (the “principal Regulations”). It applies Part 21A and Schedules 1A and 1B to LLPs, modified as necessary. In particular, it modifies the “specified conditions” set out in Schedule 1A. Schedule 2 to these Regulations applies the PSC Regulations to LLPs. Paragraphs 1 and 2 of Schedule 2 set out modifications to regulations 2 and 6 of the PSC Regulations. Paragraph 3 of Schedule 2 modifies regulations 7 to 47 of the PSC Regulations. Paragraph 4 applies Schedules 1, 3 and 4 of the PSC Regulations and sets out the modifications to Schedule 2 to the PSC Regulations. Schedule 3 to these Regulations amends the Limited Liability Partnerships Act 2000, the principal Regulations and the Companies (Disclosure of Address) Regulations 2009. Schedule 3 requires those wishing to incorporate an LLP to deliver to the registrar a statement of initial significant control as part of the incorporation document. A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Department for Business, Innovation and Skills, 1 Victoria Street, London SWIH OET and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.

Offences created by this instrument

• A person to whom a notice under section 790D or 790E is addressed commits an offence if the person— a fails to comply… paragraph 13(1) of SCHEDULE 1 · Status not determined · Requires proof of a state of mind
• A person commits an offence if the person— a fails to comply with a duty under section 790G or 790H, or b in purported… paragraph 14(1) of SCHEDULE 1 · Status not determined · Requires proof of a state of mind
• Content of warning notice paragraph 18 of SCHEDULE 2 · Status not determined · Strict liability
• Content of warning notice paragraph 18(f) of SCHEDULE 2 · Status not determined · Strict liability
• Content of restrictions notice paragraph 19 of SCHEDULE 2 · Status not determined · Strict liability
• Content of restrictions notice paragraph 19(e) of SCHEDULE 2 · Status not determined · Strict liability
• Register of people with significant control paragraph 31E(2) of SCHEDULE 1 · Status not determined · Strict liability
• Schedule 1B paragraph 31N of SCHEDULE 1 · Status not determined · Requires proof of a state of mind
• Schedule 1B paragraph 31N of SCHEDULE 1 · Status not determined · Requires proof of a state of mind
• Schedule 1B paragraph 31N of SCHEDULE 1 · Status not determined · Requires proof of a state of mind
• Breach of restrictions paragraph 5(1) of SCHEDULE 1 · Status not determined · Requires proof of a state of mind
• Breach of restrictions paragraph 5(3) of SCHEDULE 1 · Status not determined · Strict liability
• Breach of restrictions paragraph 5(4) of SCHEDULE 1 · Status not determined · Strict liability
• Register to be kept available for inspection paragraph 790N(4) of SCHEDULE 1 · Status not determined · Strict liability
• Right to make an election paragraph 790X(9) of SCHEDULE 1 · Status not determined · Strict liability
• Duty to notify registrar of changes paragraph 790ZA(4) of SCHEDULE 1 · Status not determined · Strict liability
• Information as to state of central register paragraph 790ZB(2) of SCHEDULE 1 · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

• Register of People with Significant Control Commons · Written Statements · 27 January 2016 · The Minister for Universities and Science (Joseph Johnson)

  My noble Friend the Parliamentary Under-Secretary of State for Business, Innovation and Skills (Baroness Neville-Rolfe) has today made the following statement. I laid before Parliament on Monday 25 January draft regulations that implement the public register of information about people with significant control (PSCs) over UK incorporated companies and limited liability partnerships (LLPs). These regulations are derived from powers under Part 21A of the Companies Act 2006. These regulations form the detailed requirements of the register of people with significant control, which will come into…

• DRAFT REGISTER OF PEOPLE WITH SIGNIFICANT CONTROL REGULATIONS 2016 DRAFT LIMITED LIABILITY PARTNERSHIPS (REGISTER OF PEOPLE WITH SIGNIFICANT CONTROL) REGULATIONS 2016 Commons · General Committees · 22 February 2016
• Delegated legislation Commons · Commons Chamber · 23 February 2016 · Madam Deputy Speaker (Mrs Eleanor Laing)

  With the leave of the House, we shall take motions 7 to 10 together. Motion made, and Question put forthwith (Standing Order No. 118(6)), Infrastructure Planning That the draft Infrastructure Planning (Onshore Wind Generating Stations) Order 2016,which was laid before this House on 14 January, be approved. Criminal Law That the Andrey Lugovoy and Dmitri Kovtun Freezing Order 2016 (S.I., 2016, No. 67), dated 22 January 2016, a copy of which was laid before this House on 22 January, be approved. Companies That the draft Register of People with Significant Control Regulations 2016, which were…

• Limited Liability Partnerships (Register of People with Significant Control) Regulations 2016 Lords · Grand Committee · 2 March 2016 · The Parliamentary Under-Secretary of State, Department for Business, Innovation and Skills and Department for Culture, Media and Sport (Baroness Neville-Rolfe) (Con)

  My Lords, for the convenience of noble Lords, it will be helpful to consider the Register of People with Significant Control Regulations 2016 together with the Limited Liability Partnerships (Register of People with Significant Control) Regulations 2016. These regulations set out how the register of people with significant control will work and apply the register to limited liability partnerships. In 2013, the Prime Minister set out the ambition for the UK to improve corporate transparency and tackle criminal abuse of UK corporate entities. I am therefore pleased that we are today debating…

• Limited Liability Partnerships (Register of People with Significant Control) Regulations 2016 Lords · Grand Committee · 2 March 2016 · Baroness Neville-Rolfe

  That the Grand Committee do consider the Limited Liability Partnerships (Register of People with Significant Control) Regulations 2016.

• Limited Liability Partnerships (Register of People with Significant Control) Regulations 2016 Lords · Grand Committee · 2 March 2016
• Patents (European Patent with Unitary Effect and Unified Patent Court) Order 2016 Lords · Lords Chamber · 10 March 2016

  Limited Liability Partnerships (Register of People with Significant Control) Regulations 2016

• People with Significant Control: Post-Implementation Review Commons · Written Statements · 30 October 2019 · The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Kelly Tolhurst)

  The Government will today publish the report on the statutory post-implementation review of the People with Significant Control (PSC) regulations. We are required to complete a PIR by virtue of various regulations: Small Business, Enterprise and Employment Act 2015; The Register of People with Significant Control Regulations 2016; The Limited Liability Partnerships (Register of People with Significant Control) Regulations 2016; The European Public Limited-Liability Company (Register of People with Significant Control) Regulations 2016; The Scottish Partnerships (Register of People with…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

• This instrument on legislation.gov.uk The authoritative text, including amendments made since
• Other instruments from 2016