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

JurisdictionScotland
CitationSSI 2021/495

2021 No. 495

Land Reform

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

Made 22th December 2021

Coming into force 1st April 2022

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 39(1) to (4) of the Land Reform (Scotland) Act 20161and all other powers enabling them to do so.

In accordance with section 39(7) of that Act, they have consulted the Keeper and such other persons as they consider appropriate.

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.

S-1 Citation and Commencement

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) Amendment Regulations 2021 and come into force on 1 April 2022.

S-2 Amendment of the Land Reform (Scotland) Act 2016 (Register of Persons Holding a Controlled Interest in Land) Regulations 2021

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

2.—(1) The Land Reform (Scotland) Act 2016 (Register of Persons Holding a Controlled Interest in Land) Regulations 20212are amended in accordance with paragraphs (2) to (6).

(2) After regulation 23 (notification of Keeper on event of death, winding up or dissolution), insert—

S-23A

Provision where titles refer to former owner or tenant: trusts and unincorporated associations

23A.—(1) This regulation applies where—

(a)

(a) land is owned or tenanted by a person as (as the case may be)—

(i) a trustee of, or otherwise on behalf of, a trust, or

(ii) a trustee of, or otherwise on behalf of, the members of an unincorporated body of persons,

(b)

(b) the person who is registered or recorded as being the owner or tenant (as such trustee or, as the case may be, person holding on behalf of the members of an unincorporated body) has ceased to be a trustee or person holding on behalf of the members of an unincorporated body (for whatever reason), and

(c)

(c) no other trustee or person holding otherwise on behalf of the trust or, as the case may be, unincorporated body is registered or recorded as being the owner or tenant of the land.

(2) Where this regulation applies—

(a)

(a) for the purpose of regulation 3(2)(a), each trustee, or person who holds otherwise on behalf of, the trust or, as the case may be, unincorporated body is to be treated as an owner or tenant of land,

(b)

(b) regulation 5(1)(b) does not apply if the reason for there being no associates of the...

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