PART 1Introduction

Citation and commencementI11

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.

Annotations:
Commencement Information
I1

Reg. 1 in force at 1.4.2022, see reg. 1

InterpretationI22

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 20062,

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

  • “land”—

    1. a

      generally, has the same meaning as in section 113 of the Land Registration etc. (Scotland) Act 20123, and

    2. 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.

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.