Part 3 – Register of Overseas Entities Inspection of the register and protection of information Section 167: Material unavailable for public inspection
This section substitutes sections 22 to 24 of the Economic Crime (Transparency and Enforcement) Act 2022 in order to mirror amendments to equivalent provisions in the Companies Act 2006 which have been amended by Part 1 of this Act.
	The new section 22 expands the list of information that the Registrar is required to protect from public disclosure. This is to ensure that certain personal information is not publicly available on the register. It includes information that will be collected under new Schedule 6, and applications or other documents delivered under new subsection 23(1A) (disclosure of protected trusts information)
	New section 23 replaces sections 23 and 24 of the Economic Crime (Transparency and Enforcement) Act 2022 and provides that the Registrar may only disclose protected information about dates of birth, protected information about residential addresses or protected information about trusts if the disclosure is permitted by section 1110G of the Companies Act 2006 (general powers of disclosure by the Registrar), the information is required to be made available for public inspection, or the disclosure is permitted by regulations made under new subsection (1A). It may be required to be made available for public inspection if it is not protected by section 22.
	New subsection (1A) provides a power for the Secretary of State to make regulations requiring the Registrar, on application, to disclose relevant trusts information to a person, unless required to refrain from doing so by regulations made under section 25. Subsection (1B) sets out that information about the day of the month (but not the month or the year) on which an individual was born, and the usual residential address of an individual, must not be disclosed.
	Subsection (1C) provides that regulations made under the power in subsection (1A) may make provision about (a) who may make an application; (b) the grounds on which an application may be made); (c) the information to be included in and the documents to accompany an application; (d) the notice to be given of an application and its outcome; and (e) how an application is to be determined.
	Under subsection (1D) provision may be made in the regulations allowing for a question to be referred to someone other than the Registrar for the purposes of determining the application. The regulations may also include provision authorizing or requiring the Registrar to impose conditions how on material that is disclosed may be used, including restrictions on use and further disclosure (subsection (1E)), and may create offences in relation to a failure to comply with any conditions set in subsection (1E) (subsection (1F)). Subsection (1G) sets out the penalties for any offence created under subsection (1G).
	Subsection (1H) sets out that regulations may confer a discretion on the Registrar.
	Regulations made under this section are subject to the affirmative resolution procedure (subsection (1I).
	New section 24 sets out requirements to consult with the Scottish Ministers and the Northern Ireland Department of Finance if regulations made under section 23 contain provision that would be within the legislative competence of the Scottish Parliament or Northern Ireland Assembly, if contained in Acts of that Parliament or Assembly respectively, and, for Northern Ireland, would not, if contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.
	Section 167(2) explains that the meaning of protected date of birth information, residential address and trust information can be found in section 22(2).