Part 3 – Register of Overseas Entities Inspection of the register and protection of information Section 168: Protection of information
This section substitutes section 25 of the Economic Crime (Transparency and Enforcement) Act 2022 with a new section that aligns with new section 1088 of the Companies Act 2006 (see section 90 of the Act). The purpose of the provision is to allow individuals to apply to the Registrar to have some or all of their information made unavailable for public inspection, where it would otherwise be required to be publicly available.
	Regulations may be made by the Secretary of State setting out the application process for the protection of information, including who may make an application, the grounds under which an application may be made, information to be included in the application and how an application will be determined. The regulations may also set out how and under what circumstances the protection of information may be revoked.
	Section 25 also provides that the regulations may confer a discretion on the Registrar with regard to how an application is to be determined, and revocation procedures. The regulations may further allow the Registrar to refer a question to someone other than the Registrar for the purpose of determining the application or revoking the restrictions on public disclosure of the information.
	The regulations made under section 25 may not require the Registrar to refrain from disclosing information under section 1110G (general powers of disclosure by the registrar) (subsection (6)).
	Subsection (7) sets out that the regulations made under the section 25 power may also require the Registrar to publish details of how many applications to protect information have been made and how many have been allowed; they may also require the publication of other information relating to applications made under the regulations.
	Regulations made under this section may confer a discretion on the Registrar.
	Regulations made under section 25 are subject to the affirmative procedure.