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The Register of People with Significant Control Regulations 2016

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PART 2U.K.Disclosure to a Credit Reference Agency

6.  The credit reference agency—U.K.

(a)is carrying on in the United Kingdom F1... 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 information within section 790ZF(2) of the Act disclosed to that agency; and

[F2(ii)for the purposes of ensuring that it complies with its [F3obligations 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)[F4section 1112 (false statements: basic offence) or 1112A (false statements: aggravated offence) of the Act];

(ii)section 2 of the Fraud Act 2006 M1 (fraud by false representation); F5...

(iii)section 47 of the Data Protection Act 1998 (failure to comply with enforcement notice) in circumstances where it has used the information within section 790ZF(2) of the Act for purposes other than those described in sub-paragraphs (a) to (e) of paragraph 8;

[F6(iv)section 144 of the Data Protection Act 2018 (false statements made in response to an information notice); or

(v)section 148 of that Act (destroying or falsifying information and documents etc);]

[F7(d)has not been given a penalty notice under section 155 of the Data Protection Act 2018 in circumstances described in sub-paragraph (c)(iii), other than a penalty notice that has been cancelled.]

Textual Amendments

Marginal Citations

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

8.  The credit reference agency has delivered to the registrar a statement that it intends to use the information within section 790ZF(2) of the Act only for the purposes of—U.K.

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

(b)meeting any obligations contained in—

(i)[F8the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017]; [F9or]

(ii)any rules made pursuant to section 137A of the Financial Services and Markets Act 2000 M2 which relate to the prevention and detection of money laundering in connection with the carrying on of regulated activities by authorised persons; F10...

F10(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(d)providing information within section 790ZF(2) of the Act to—

[F11(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.

Textual Amendments

Marginal Citations

M22000 c.8; section 137A is in Part 9A which was substituted for sections 138 to 166 by section 24(1) of the Financial Services Act 2012 (c.21).

9.  The credit reference agency has delivered to the registrar a statement that it intends to take delivery of and to use the information within section 790ZF(2) of the Act only in the United Kingdom F12....U.K.

Textual Amendments

10.  The credit reference agency has delivered to the registrar a statement that it will, where it supplies a copy of the information within section 790ZF(2) of the Act to a processor for the purpose of processing the information for use in respect of the purposes referred to in paragraph 8—U.K.

(a)ensure that the processor is one who carries on business in the [F13United Kingdom];

(b)require that the processor does not transmit the information outside the [F14United Kingdom]; 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.

Textual Amendments

11.  The credit reference agency has delivered any information or evidence required by the registrar for the purpose of enabling the registrar to determine in accordance with these Regulations whether to disclose the information within section 790ZF(2) of the Act.U.K.

12.  The credit reference agency has complied with any requirement by the registrar to confirm the accuracy of the statements, information or evidence delivered to the registrar pursuant to this Part of this Schedule.U.K.

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