Company Law Reform Bill [HL]

moved Amendments Nos. 122 and 123:"After Clause 222, insert the following new clause—" ““CIRCUMSTANCES IN WHICH REGISTRAR MAY PUT ADDRESS ON THE PUBLIC RECORD (1)   The registrar may put a director’s usual residential address on the public record if— (a)   communications sent by the registrar to the director and requiring a response within a specified period remain unanswered, or (b)   there is evidence that service of documents at a service address provided in place of the director’s usual residential address is not effective to bring them to the notice of the director. (2)   The registrar must give notice of the proposal— (a)   to the director, and (b)   to every company of which the registrar has been notified that the individual is a director. (3)   The notice must— (a)   state the grounds on which it is proposed to put the director’s usual residential address on the public record, and (b)   specify a period within which representations may be made before that is done. (4)   It must be sent to the director at his usual residential address, unless it appears to the registrar that service at that address may be ineffective to bring it to the individual’s notice, in which case it may be sent to any service address provided in place of that address. (5)   The registrar must take account of any representations received within the specified period. (6)   What is meant by putting the address on the public record is explained in section (Putting the address on the public record).”” After Clause 222, insert the following new clause— ““PUTTING THE ADDRESS ON THE PUBLIC RECORD (1)   The registrar, on deciding in accordance with section (Circumstances in which registrar may put address on the public record) that a director’s usual residential address is to be put on the public record, shall proceed as if notice of a change of registered particulars had been given— (a)   stating that address as the director’s service address, and (b)   stating that the director’s usual residential address is the same as his service address. (2)   The registrar must give notice of having done so— (a)   to the director, and (b)   to the company. (3)   On receipt of the notice the company must— (a)   enter the director’s usual residential address in its register of directors as his service address, and (b)   state in its register of directors’ residential addresses that his usual residential address is the same as his service address. (4)   If the company has been notified by the director in question of a more recent address as his usual residential address, it must— (a)   enter that address in its register of directors as the director’s service address, and (b)   give notice to the registrar as on a change of registered particulars. (5)   If a company fails to comply with subsection (3) or (4), an offence is committed by— (a)   the company, and (b)   every officer of the company who is in default. (6)   A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 5 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 5 on the standard scale. (7)   A director whose usual residential address has been put on the public record by the registrar under this section may not register a service address other than his usual residential address for a period of five years from the date of the registrar’s decision.”” On Question, amendments agreed to. Clause 223 [Non-disclosure certificate: change of address]: