Draft Information Sharing (Disclosure by the Registrar) Regulations 2024

Justin Madders Excerpts

Wednesday 27th November 2024 General Committees

[The Parliamentary Under-Secretary of State for Business and Trade (Justin Madders)]

I beg to move,

That the Committee has considered the draft Information Sharing (Disclosure by the Registrar) Regulations 2024.

It is a pleasure to see you in the Chair, Dame Siobhain. The draft regulations were laid before the House on 22 May and are part of a programme of statutory instruments that implement reforms under the Economic Crime and Corporate Transparency Act 2023, which I will hereafter refer to as the 2023 Act. The new Government are committed to holding accountable those who abuse our open economy, and to enhancing the UK’s reputation as a hub for legitimate businesses. Our vision is to create a more transparent and accountable corporate environment that not only fights economic crime but fosters trust and integrity within our financial systems.

The 2023 Act reforms the role of Companies House and increases the transparency of UK companies. The reforms will create a more reliable companies register and instil confidence in our business environment, safeguarding rights and the safety of individuals. The reforms, which, it is only fair to acknowledge, begun under the previous Government, will not only strengthen our business environment but support our national security, enhance our international standing and contribute to the UK’s economic growth. As we know, the reforms are already under way; stronger rules and checks introduced since March have already helped to cleanse the register and disrupt organised crime. Companies House is also undergoing a full organisational transformation to implement those changes.

As we embark on this journey, we recognise that although significant progress has been made, more remains to be done. The Government are committed to ensuring that the 2023 Act not only meets but exceeds expectations, establishing a transparent and secure economic system that protects citizens and businesses from the harms of economic crime.

A key priority for Companies House is increasing its intelligence capabilities and embedding that further into the law enforcement ecosystem. There has been significant progress in this area already; Companies House has introduced extensive legal gateways for data sharing with law enforcement, other Government bodies and the private sector. That has led to a more efficient sharing of suspicious activity with law enforcement agencies. Additionally, feedback mechanisms have been established with other Government bodies and businesses in the anti-money laundering regulated sector, to enhance the quality of the information being shared.

We are here today to move further on that progress and discuss the draft regulations, which will amend the Companies Act 2006 to give the registrar of companies greater powers to share non-public information with enforcement agencies and other bodies, for the performance of their functions. The 2023 Act amended the 2006 Act to give the Secretary of State the power to make regulations that allow the registrar to expand the information sharing to specified persons for specific purposes. For instance, there may be circumstances where it is beneficial for the registrar to share information with certain office holders involved in administering insolvency proceedings. Such office holders will most often be insolvency practitioners, but may also be the official receiver, or in Scotland the accountant in bankruptcy.

Although the registrar has the power to share information with public authorities, under the 2006 Act, the functions undertaken by office holders relate to private matters, due to the nature of insolvency proceedings. As such, they also involve the identification and realisation of assets in insolvency proceedings. Therefore, the registrar is not currently able to share information with such office holders for those purposes. 

The functions can often go beyond the sale of property or personal belongings, into applications to the court to reverse transactions that were made prior to the insolvency proceedings and were not in the best interests of all the creditors. The functions might even extend to asking the court to make directors of the company personally liable where they have allowed the company to continue to trade beyond the point at which insolvency was inevitable, causing further losses to creditors.

For those kinds of actions, the office holder could benefit from information that the registrar’s current powers do not allow her to share. The draft regulations will allow the registrar to share relevant information that the office holder needs to perform their functions and provide the best returns for creditors in insolvency proceedings.

The regulations are fairly straightforward. I would like to emphasise that they are important for strengthening the information-sharing network within the economic crime space. They will enable Companies House to support the Government’s efforts in fighting economic crime and in ensuring that creditors in insolvency proceedings are able to get the best use of the tools available to them to secure the best return. I commend the regulations to the Committee.

--- Later in debate ---

[Justin Madders]

I thank the shadow Secretary of State for his welcome. I also welcome him; I think this is the first time we have appeared opposite each other. I will have to correct him. I am not actually the Minister responsible for small businesses, but his points are important. There is a range of economic levers within my portfolio, and we take an interest in all the matters that affect the economy. He will know that it is incumbent on the Opposition to suggest alternative propositions. However, we note the support for the draft regulations. It is important that we have constructive dialogue in this area. It is an important space where parties should be able to work together.

Question put and agreed to.