The Land Reform (Scotland) Act 2016 (Register of Persons Holding a Controlled Interest in Land) Regulations 2021 No. 85

SCHEDULE 1 S Persons who have significant influence or control over another

PART 4 S Unincorporated bodies

Application S

9.  This Part applies to a person (the associate) where—

(a) the person who owns or tenants the land (the recorded person) does so as a trustee of, or otherwise on behalf of, the members of an unincorporated body of persons, and

(b) the associate—

(i) is responsible for the general control and management of the administration of the body, and

(ii) is not registered as owning or leasing the land.

Commencement Information

I1 Sch. 1 para. 9 in force at 1.4.2022, see reg. 1

Exceptions S

10.  This Part does not apply to a person where that person’s relationship to the body is only that of—

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

(b) a creditor of the body (such as the holder of a standard security),

(c) a member of the judiciary presiding over proceedings to remove a member of the body from any trust established to hold property on the body’s behalf.

Commencement Information

I2 Sch. 1 para. 10 in force at 1.4.2022, see reg. 1

Interpretation of Part 4 S

11.  For the purposes of this Part a person is responsible for the general control and management of the administration of a body if they hold an office or other official position in that regard (such as chair, treasurer or secretary, however that may be described).

Commencement Information

I3 Sch. 1 para. 11 in force at 1.4.2022, see reg. 1