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

Interpretation of this Part

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8.—(1) For the purposes of this Part—

(a)“relevant entity” means any body corporate or other entity (whether incorporated or not) that is a legal person under the law by which it is governed, other than a person of a type listed in schedule 2,

(b)examples of significant influence and control include, in particular, where a person—

(i)has the right to appoint or remove a trustee of a trust (other than by application to a court),

(ii)has the right to direct the distribution of assets or funds of a trust,

(iii)has the right to direct investment decisions of a trust,

(iv)has the right to amend a trust deed,

(v)has the right to revoke a trust, or

(vi)otherwise has significant influence or control over the decision-making of a trustee or trust, particularly in respect of the trustee’s or trust’s dealings with the land.

(2) For the purposes of paragraph 6(b)(iii), a person (A) does not exercise significant influence and control over a recorded person or the trust if A is also a recorded person in accordance with paragraph 6(a).