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

Draft Legislation:

This is a draft item of legislation and has not yet been made as a Scottish Statutory Instrument. This draft has been replaced by a new draft, The Land Reform (Scotland) Act 2016 (Register of Persons Holding a Controlled Interest in Land) Regulations 2021 ISBN 978-0-11-104875-7

Register of persons holding a controlled interest in land

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3.—(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”).

(2) The RCI is a record of persons who—

(a)are the owners or tenants of land, and

(b)in 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”).

(3) The RCI is to contain, in relation to each person recorded in the RCI (“the recorded person”)—

(a)the recorded person’s name, address and, if applicable, registered number,

(b)in relation to the land owned or tenanted by the recorded person—

(i)if the land is registered in the Land Register, the title number of the land,

(ii)if the land is not registered in the Land Register, a description of the land that is sufficient for it to be identified,

(c)details of the capacity in which the recorded person owns or tenants the land (for example as an individual, partner or trustee),

(d)in relation to each associate of the recorded person—

(i)where no security declaration has effect in respect of the associate—

(aa)the required details, with the exception of the information required by regulation 11(2)(a)(iii),

(bb)the associate’s unique reference number,

(ii)where a security declaration has effect in respect of the associate—

(aa)a statement that a security declaration has been made and has effect in respect of that person,

(bb)where applicable, a note of an appeal under regulation 18(4)), and

(e)the 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.

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