In a further revision to the implementation timetable for the SBEE the October 2015 implementation date has now been set as 10 October.
On that date, the Small Business, Enterprise and Employment Act 2015 (Commencement No 2) Regulations 2015 bring into force the following changes, through amendments to the Companies Act 2006 (CA 2006):
- removal of the requirement for a director or secretary to provide a formal consent to act.This is being replaced with a statement from the company on the appropriate Companies House form that the appointee has consented to act as a director or secretary. In addition a new provision of the CA 2006 will oblige the Registrar to notify new company directors of their appointment and provide information on their duties as directors
- Section 1087 of the CA 2006 is being amended to provide that the day (but not the month or the year) of a directors' date of birth will be omitted from the information on the register that is available for public inspection.This will not apply retrospectively however and so documents registered before this date which include the day of birth will still be available.This change was originally planned for April 2016.
- Amendments to Section 1000 CA 2006 which enable a company to be struck off the register in a shorter period of time, two months rather than three months, after publication of the relevant notice in the Gazette.
The Regulations can be found here and the latest Companies House press release on implementation dates here.
The Companies (Disclosure of Date of Birth information) Regulations 2015 (DOB Regulations)
The DOB Regulations also come into force on 10 October. Notwithstanding the change to S1087 CA 2006 that says the Registrar can omit the day of the date of birth from the information on the public register, Section 1087B provides that the Registrar can disclose full date of birth information to credit reference agencies and gives the Secretary of State power to make regulations to allow the Registrar to disclose full date of birth information to specified public authorities.
These regulations set out the public bodies which can be given this information and the conditions for such disclosure (principallyconfirmation from the body that it needs the information to facilitate the performance of its public function) and the conditions which have to be satisfied before it can be provided to a credit reference agency.
The DOB Regulations can be found here and the explanatory memorandum here.