Statutory Instruments
2002 No. 502
COMPANIES
The Companies (Competent Authority) (Fees) Regulations 2002
Approved by Parliament
Made
7th March 2002
Laid before Parliament
7th March 2002
Coming into force
2nd April 2002
The Secretary of State, in exercise of the powers conferred on her by section 708(1) and (2) of the Companies Act 1985( 1 ), and of all other powers enabling her in that behalf, hereby makes the following Regulations:
1. These Regulations may be cited as the Companies (Competent Authority) (Fees) Regulations 2002 and shall come into force on 2nd April 2002.
2. In these Regulations:
“the 2002 Regulations” means the Companies (Particulars of Usual Residential Address) (Confidentiality Orders) Regulations 2002( 2 );
“competent authority” shall have the meaning set out in the 2002 Regulations;
“the LLP Regulations” means the Limited Liability Partnerships (Particulars of Usual Residential Address) (Confidentiality Orders) Regulations 2002( 3 ); and
“the LLP Fees Regulations” means the Limited Liability Partnerships (Competent Authority) (Fees) Regulations 2002( 4 ).
3. —(1) For the making by the registrar of companies of each determination or variation of such determination under regulation 13 of the 2002 Regulations in respect of a competent authority as to the manner in which that competent authority and its officers, servants and representatives may inspect and take copies of the confidential record, the fee payable by that competent authority in respect of the determination or variation shall be calculated as follows:
(a) where a point of contact with a competent authority is to be through one or more addresses nominated by such competent authority, the fee shall be £50 in respect of each such new address nominated and included in a determination or variation;
(b) where a point of contact with a competent authority is to be through one or more nominated officers, servants and representatives, the fee shall be £50 in respect of each such new officer, servant or representative of that authority nominated and included in a determination or variation;
save that in either case no such fee shall be payable where a fee has already been paid in accordance with the LLP Fees Regulations in respect of such a determination or variation.
(2) Where a variation of a determination removes a previous point of contact with a given competent authority, no fee shall be incurred by such removal.
(3) In relation to the fee payable by a competent authority on each occasion such competent authority inspects or takes copies of the confidential record in relation to an individual beneficiary of a confidentiality order:
(a) the amount of the fee shall be £4 in respect of each named individual in respect of whom an inspection or copy of the confidential record is requested;
(b) such fee shall entitle the competent authority in question to an inspection or copy of both:
(i) the confidential record as maintained in relation to company directors, company secretaries or permanent representatives under the 2002 Regulations; and
(ii) the confidential record as maintained in relation to members of limited liability partnerships under the LLP Regulations;
in respect of such named individual;
(c) the search fee in respect of a named individual shall be payable even if information or a copy supplied by the registrar in response to a request to inspect or take a copy of the confidential record is taken, in the absence of the relevant information on the confidential record, from the information made publicly available by the registrar.
Patricia Hewitt,
Secretary of State for Trade and Industry
7th March 2002
1985 c. 6 ; section 708(1) has been amended by sections 127(2) and 212 of, and by Schedule 24 to, the Companies Act 1989 (c. 40) .
S.I. 2002/912 .
S.I. 2002/915 .
S.I. 2002/503 .