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The Land Reform (Scotland) Act 2016 (Register of Persons Holding a Controlled Interest in Land) Regulations 2021

Type Scottish-Statutory-Instrument

Publication 2021-02-17

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

Reform history JSON API PDF

Made: 17th February 2021

Coming into force: 1st April 2022

In accordance with section 126(3)(b) of that Act, a draft of this instrument has been laid before, and approved by resolution of the Scottish Parliament.

PART 1 — Introduction

Citation and commencement

1

These Regulations may be cited as the Land Reform (Scotland) Act 2016 (Register of Persons Holding a Controlled Interest in Land) Regulations 2021 and come into force on 1 April 2022.

Interpretation

2

(1) In these Regulations, unless the context requires otherwise—

“associate” is to be construed in accordance with regulation 3,

“the Companies Acts” has the meaning given by section 2 of the Companies Act 2006[^f00002],

“Keeper” means the Keeper of the Registers of Scotland,

“land”— generally, has the same meaning as in section 113 of the Land Registration etc. (Scotland) Act 2012[^f00003], and in relation to a recorded person, means the land described in an entry in the RCI as being owned or leased by that person,

“Land Register” means the Land Register of Scotland,

“lease” includes sub-lease,

“proprietor” is to be construed in accordance with section 113 of the Land Registration etc. (Scotland) Act 2012,

“recorded person” is to be construed in accordance with regulation 3(3),

“registered number” means any unique number allocated to a non-natural person for the purposes of identifying them,

“required details” is to be construed in accordance with regulation 11,

“the RCI” has the meaning given by regulation 3(1),

“security declaration” means a declaration made in accordance with regulation 16, and references to a security declaration having effect are to be construed in accordance with regulation 16(12),

“specified form” has the meaning given by regulation 24,

“unique reference number” is to be construed in accordance with regulation 7.

(2) For the purposes of these Regulations, a reference to—

(a) control is a reference to where a person can direct the activities of another,

(b) dealings with the land is a reference to disposing, creating real rights over, leasing or changing the use of the land,

(c) significant influence is a reference to where a person is able to ensure that another person will typically adopt the approach that the person desires.

(3) For the purposes of these Regulations, a reference to—

(a) a person being the owner of land is a reference to a person—

(i) who is entered in the Land Register as the proprietor of the land, or

(ii) whose title to the land is recorded in the Register of Sasines,

(b) a person being the tenant of land is a reference to a person who is the tenant of—

(i) a lease registered in the property section of a lease title sheet in accordance with section 6(1)(e) of the Land Registration etc. (Scotland) Act 2012,

(ii) a lease entered, in accordance with section 9(1)(b) or (c) of that Act, in the burdens section of a title sheet,

(iii) a lease that would, but for section 18(4) or paragraph 9 of schedule 1 of that Act, be entered in the burdens section of a title sheet,

(iv) a lease recorded in the Register of Sasines.

(4) For the purposes of section 39 of the Land Reform (Scotland) Act 2016, a person has a controlling interest in an owner or tenant of land if the person is an associate of the owner or tenant.

PART 2 — Register of persons holding a controlled interest in land

Establishment and contents

Register of persons holding a controlled interest in land

3

(1) The Keeper of the Registers of Scotland must establish and maintain a public register known as the Register of Persons holding a controlled interest in land (which register is referred to in these Regulations as “the RCI”).

(2) The RCI is a record of persons who—

(a) are the owners or tenants of land, and

(b) in relation to that land, are associated with a person to whom a Part of schedule 1 applies (such person being referred in these Regulations to as an “associate”).

(2A) Paragraph (2) is subject to regulation 23A.

(3) The RCI is to contain, in relation to each person recorded in the RCI (“the recorded person”)—

(a) the recorded person’s name, address and, if applicable, registered number,

(b) in relation to the land owned or tenanted by the recorded person—

(i) if the land is registered in the Land Register, the title number of the land,

(ii) if the land is not registered in the Land Register, a description of the land that is sufficient for it to be identified,

(c) details of the capacity in which the recorded person owns or tenants the land (for example as an individual, partner or trustee),

(d) in relation to each associate of the recorded person—

(i) where no security declaration has effect in respect of the associate—

(aa) the required details, with the exception of the information required by regulation 11(2)(a)(iii),

(bb) the associate’s unique reference number,

(ii) where a security declaration has effect in respect of the associate—

(aa) a statement that a security declaration has been made and has effect in respect of that person,

(bb) where applicable, a note of an appeal under regulation 18(4)), ...

(da) if regulation 23A applies, a statement to that effect, and

(e) the date of any notice given to the Keeper under these Regulations in respect of the entry.

(4) The RCI is to be in such form (which may be, or be in part, an electronic form) as the Keeper considers appropriate.

Making of entries in the RCI

4

(1) The Keeper must make an entry in the RCI, in accordance with regulation 3, following receipt of information provided under regulation 10(3) by a person to whom that regulation applies.

(2) An entry required by paragraph (1) may not be made during the period of 30 days beginning on the day on which the Keeper received the information.

Amendment of the RCI

5

(1) The Keeper must remove an entry for a recorded person from the RCI if the Keeper is given notice under regulation 12 to the effect that—

(a) the person has ceased to be an owner or the tenant of the land, or

(b) the recorded person has no associates.

(2) The Keeper must make such other amendments to entries in the RCI as are necessary in consequence of—

(a) the Keeper being given any of the following documents—

(i) a notice under regulation 12 of an event affecting the RCI,

(ii) a security declaration,

(iii) a notice under regulation 17 revoking a security declaration,

(iv) a notice under regulation 23 of the death, winding-up or dissolution of a person,

(b) a security declaration ceasing to have effect in accordance with regulation 16,

(3) An entry as amended by the Keeper must comply with regulation 3.

(4) Where the Keeper becomes aware of an inaccuracy under paragraph 2(c), the Keeper may request—

(a) the person providing any of the documents listed in paragraph 2(a)(i)-(iv), or

(b) any other person the Keeper considers may have relevant information about the inaccuracy,

to provide the Keeper, within such period as the Keeper may specify, with such further information or documents relevant to the correction of the inaccuracy as the Keeper may specify.

(5) For the purposes of paragraph 2(c), an inaccuracy includes the omission of information which is required to be recorded by these Regulations.

Timing of amending an entry

6

Where the Keeper is required to amend an entry in the RCI, the Keeper must do so as soon as reasonably practicable after receiving the documents or, as the case may be, the information specified in regulation 5(2) or (4).

Associates – unique reference numbers

7

(1) The Keeper must allocate a unique reference number in respect of each associate whose information is to be entered on the RCI.

(2) The unique reference number must appear in each entry in the RCI in respect of that associate (whether or not the associate’s information is being entered in relation to the same recorded person).

Protection of the RCI

8

The Keeper must take such steps as appear reasonable to the Keeper to protect the RCI from—

(a) interference,

(b) unauthorised access, and

Access to the RCI

9

(1) The Keeper must make the information contained in the RCI available by such means as the Keeper considers appropriate.

(2) The Keeper must ensure that a person is able to search the RCI for data by reference to the following criteria—

(a) in relation to the land, its title number, or a description that is sufficient for it to be identified,

(b) in relation to the recorded person, the person’s name or, if applicable, registered number,

PART 3 — Duties to provide information

Information to be provided by persons who own or tenant land subject to the control of another

Duty to notify of controlled interest and associates

10

(1) This regulation applies to a person who is a recorded person (including a person who is a recorded person by virtue of regulation 23A).

(2) This regulation does not apply to any person of a type listed in schedule 2 (list of persons subject to other transparency regimes).

(3) A person to whom this regulation applies must provide the Keeper with—

(a) the person’s name, address and, if applicable, registered number,

(b) in relation to the land—

(i) if the land is registered in the Land Register, the title number of the land,

(ii) if the land is not registered in the Land Register, a description of the land which is sufficient for it to be identified,

(c) details of the capacity in which the person owns or tenants the land (for example as an individual, partner or trustee), and

(ca) if the person is a recorded person by virtue of regulation 23A, a statement of the person’s basis for registration under this regulation,

(d) in relation to each associate—

(i) the required details, and

(ii) if a security declaration has effect in respect of an associate, a copy of that declaration.

(4) For the purposes of paragraph 3(d), where an associate has more than one association with a person to whom this regulation applies in relation to the land, a person to whom this regulation applies is only required to provide the Keeper with the information mentioned in paragraph 3(d) once.

(5) Before providing any information under paragraph (3), the person must—

(a) take reasonable steps to verify the accuracy of the associate’s required details with the associate, and

(b) inform the associate about—

(i) the timescales for responding (see regulation 15(2)),

(ii) the offences in this regulation for failure to comply,

(iii) the right to make a security declaration, and

(iv) the duty of an associate to notify the person about changes to the associate’s required details.

(6) Information provided under paragraph (3) must be in a notice in the specified form.

(7) The notice must be given within the period of 60 days beginning with the day on which the associate becomes an associate of the person.

(8) A person who, without reasonable excuse, fails to comply with this regulation commits an offence.

(9) Without limiting paragraph (8), a person has a reasonable excuse in respect of a particular associate if—

(a) the person, having taken reasonable steps to do so, is unable—

(i) to establish that there any associates for the person, or

(ii) to obtain, or verify the accuracy of, the required details of the associate, and

(b) the person has given notice to that effect to the Keeper in the specified form.

(10) A person who commits an offence under paragraph (8) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Required details of an associate

11

(1) For the purposes of these Regulations, the “required details” of an associate are—

(a) the information about the associate specified in paragraph (2), and

(b) in every case—

(i) the date on which the associate’s association with the person who owns or tenants the land was formed, or

(ii) a statement that such date is not known.

(2) The information referred to in paragraph (1)(a) is—

(a) in a case where the associate is an individual, the associate’s—

(i) name,

(ii) contact address, and

(iii) day, month and year of birth,

(iv) if applicable, any unique reference number allocated to the associate by the Keeper under regulation 7,

(b) in a case where the associate is a non-natural person, other than a person of a type listed in schedule 2, the associate’s—

(i) name,

(ii) if applicable, registered number,

(iii) the address of its registered office or, where it does not have such an office, an address at which it may be contacted,

(iv) if applicable, any unique reference number allocated to the associate by the Keeper under regulation 7, or

(c) in a case where the associate is a person of a type listed in schedule 2 (list of persons subject to other transparency regimes), the associate’s—

(i) name,

(ii) if applicable, registered number,

(iii) the address of its registered office or, where it does not have such an office, an address at which it may be contacted,

(iv) if applicable, any unique reference number allocated to the associate by the Keeper under regulation 7,

(v) the paragraph of schedule 2 that applies to the associate.

Information about events affecting the RCI

12

(1) If an event mentioned in column 1 of the following table occurs, the person mentioned in column 2 of that table for the event must give the Keeper notice, in the specified form, of—

(a) the event, and

(b) the information specified in column 3 in relation to the event.

Event (Column 1)	Person (Column 2)	Information to be given (Column 3)
a recorded person becoming aware that a person notified under regulation 10(3) as being an associate ceases to be an associate	the recorded person	the recorded person’s name and address,
a recorded person becoming aware that a person notified under regulation 10(3) as being an associate ceases to be an associate	the recorded person	the title number of the land, or where there is no title number, a description of the land that the recorded person owns or tenants which is sufficient for it to be identified,
a recorded person becoming aware that a person notified under regulation 10(3) as being an associate ceases to be an associate	the recorded person	the former associate’s required details, and
a recorded person becoming aware that a person notified under regulation 10(3) as being an associate ceases to be an associate	the recorded person	the date (if known) on which the former associate ceased to be an associate
a recorded person ceasing to be a person to whom regulation 10 applies	the recorded person	the person’s name and address,
a recorded person ceasing to be a person to whom regulation 10 applies	the recorded person	the title number of the land, or where there is no title number, a description of the land that the person owns or tenants which is sufficient for it to be identified,
a recorded person ceasing to be a person to whom regulation 10 applies	the recorded person	the date on which regulation 10 ceased to apply to the person,
a recorded person becoming aware that any other information notified by the person under regulation 10(3) has changed	the recorded person	the recorded person’s name and address,
a recorded person becoming aware that any other information notified by the person under regulation 10(3) has changed	the recorded person	the title number of the land, or where there is no title number, a description of the land that the recorded person owns or tenants which is sufficient for it to be identified,
a recorded person becoming aware that any other information notified by the person under regulation 10(3) has changed	the recorded person	the change to the information, and
a recorded person becoming aware that any other information notified by the person under regulation 10(3) has changed	the recorded person	the date (if known) on which the change occurred.

(2) The notice must be given—

(a) in a case where the associate has notified the recorded person of the event, as soon as practicable after receipt of the notification, or

(b) in any other case, within 60 days beginning with the date on which the event occurred.

(3) Before giving notice under paragraph (2) the recorded person must take reasonable steps to verify the accuracy of the information to be given in the notice with the associate.

(4) A person who is subject to a duty under this regulation commits an offence if the person, without reasonable excuse, fails to comply with this regulation.

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