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

Consolidated Text As Enacted Cited authorities 111 Cited in Related
Vincent
JurisdictionScotland
  • 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.
    • (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
      • ,
    • “Keeper” means the Keeper of the Registers of Scotland,
    • “land”—
      • (a) generally, has the same meaning as in section 113 of the Land Registration etc. (Scotland) Act 2012, and
      • (b) 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.
    control is a reference to where a person can direct the activities of another,dealings with the land is a reference to disposing, creating real rights over, leasing or changing the use of the land,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.who is entered in the Land Register as the proprietor of the land, orwhose title to the land is recorded in the Register of Sasines,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,a lease entered, in accordance with section 9(1) (b) or (c) of that Act, in the burdens section of a title sheet,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,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.(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”) .are the owners or tenants of land, andin 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.the recorded person’s name, address and, if applicable, registered number,if the land is registered in the Land Register, the title number of the land,if the land is not registered in the Land Register, a description of the land that is sufficient for it to be identified,details of the capacity in which the recorded person owns or tenants the land (for example as an individual, partner or trustee) ,the required details, with the exception of the information required by regulation 11(2) (a) (iii) ,the associate’s unique reference number,a statement that a security declaration has been made and has effect in respect of that person,where applicable, a note of an appeal under regulation 18(4) ) , if regulation 23A applies, a statement to that effect, andthe 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.(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.the person has ceased to be an owner or the tenant of the land, orthe recorded person has no associates.

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