PART 1

Introduction

Citation and commencement
1
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.

Interpretation
2
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 2006 ,
- “Keeper” means the Keeper of the Registers of Scotland,
- “land”—
  1. generally, has the same meaning as in section 113 of the Land Registration etc. (Scotland) Act 2012 , and
  2. 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.
2006 c.46.
2012 asp 5.
Reg. 1 in force at 1.4.2022, see reg. 1
Reg. 2 in force at 1.4.2022, see reg. 1