Trading Disclosures - legislation
R M Crorie made this Freedom of Information request to Department for Business, Energy and Industrial Strategy This request has been closed to new correspondence. Contact us if you think it should be reopened.
Dear Department for Business, Energy and Industrial Strategy,
Part 6 of The Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015, made under Section 82 of the Companies Act 2006, makes specific requirements in respect of information that must be displayed by limited companies and by other legal entities in their "business correpondence" and on their Web sites, and Regulation 28 makes it a criminal offence to fail to comply, committed by the legal entity and, where appropriate, personally by each of the directors in default. The information required by Part 6 is essential for anyone seeking to enforce their rights as a consumer but non-compliance is widespread, even by large companies, almost certainly because of a lack of enforcement.
Paul Scully MP, as Minister for Business, has stated that Companies House will refer such complaints to the Insolvency Service for investigation and, if appropriate, prosecution. Rather surprisingly, a Freedom of Information request reveals that the Insolvency Service has never investigated or prosecuted such a complaint because it claims that it has never received any (a claim that - as a previous such complainant - I know to be untrue). Subsequent correspondence from the Insolvency Service in response to my enquiry about whether or not these Regulations are to be repealed because they have never been investigated or enforced since they were created seven years ago states that "... this is not insolvency-related legislation and therefore this is not something the Insolvency Service Policy Team are [sic] able to comment on."
My question to you is therefore "As Regulation 28 offences have never been investigated or enforced by the public body responsible for such investigation and enforcement in the seven years since these Regulations were created, despite widespread non-compliance, is the repeal of Regulation 28 planned, and if not, why not?"
Dear R M Crorie,
Thank you for your email dated 30 August.
Due to the nature of the information you are seeking your email has been passed to Companies House, an Executive Agency sponsored by BEIS who will provide a response to you directly
BEIS Information Rights Unit.
Dear R M Crorie
I refer to your request made to Department for Business, Energy and Industrial Strategy. As advised, this has been transferred to Companies House for response. Your request has been considered under the provisions of the Freedom of Information Act 2000 (FOIA).
You have asked in relation to Regulation 28 offences, whether repeal is planned and if not why not.
As you will be aware, the FOIA provides access to information already recorded by public authorities, I am of the view that you are asking a question about policy which does not constitute a valid request under the Act.
However, to be of assistance. I can advise that Companies House does not hold any information in relation to the intention to repeal Regulation 28.
Information Rights Team
We work to defend the right to FOI for everyone
Help us protect your right to hold public authorities to account. Donate and support our work.Donate Now