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

PART 3 Trusts

Application

6.  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, a trust, and

(b) the associate—

(i) is a trustee of the trust, but is not registered as being the owner or tenant of the land,

(ii) is an individual who has significant influence or control over a relevant entity which is a trustee of the recorded person,

(iii) is an individual who has the right to exercise, or who actually exercises, significant influence or control over the recorded person or the trust.

Exceptions

7.—(1) This Part does not apply where—

(a) the recorded person owns or tenants the land as a trustee of a trust created for the purposes of insolvency or sequestration,

(b) the recorded person owns or tenants the land for or on behalf of a partnership to which Part 2 of this schedule applies,

(c) the recorded person owns or tenants the land for or on behalf of the members of an unincorporated body of persons to which Part 4 of this schedule applies.

(2) This Part does not apply where a person’s relationship to the trust is only that of—

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

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

(c) a member of the judiciary presiding over proceedings in connection with the trust,

(d) a member of a body which has the right to exercise, or actually exercises significant influence or control over the trust by virtue of a function conferred by an enactment.

Interpretation of this Part

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).