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

Exceptions

13.—(1) This Part does not apply to a person where the person’s relationship to the overseas entity is only that of—

(a) a director of the entity (who is not an employee of the entity),

(b) an employee (other than a director) acting in the course of the person’s employment or as a nominee for the entity,

(c) a paid professional advisor to the entity (such as a solicitor or an accountant),

(d) a person acting under a third party commercial or financial agreement (such as a customer or a supplier),

(e) a creditor of the entity (such as the holder of a standard security),

(f) a person exercising a function under an enactment (such as a regulator, liquidator or receiver).

(2) For the purpose of sub-paragraph (1)(a), a person whose responsibilities differ materially or in significant respects from those generally expected of a director of an entity which is comparable to the recorded person is not to be considered a director.

(3) This Part does not apply to a person (“O”) where—

(a) O is an overseas entity which is part of a chain of overseas entities (such as is described in paragraph 22(1)(b)) that includes the recorded person, and

(b) a person, other than an overseas entity, holds the right, or power in, the recorded person through O or the chain of overseas entities of which O forms part.

(4) For the purposes of sub-paragraph (3), a person holds a right or power in the recorded person through O by virtue of holding a majority stake—

(a) in O, or

(b) in each overseas entity that is part of the chain of overseas entities that includes O.