SCHEDULE 1

Persons who have significant influence or control over another
PART 2

Partnerships

Application
3
This Part applies to a person (the associate) where—
a
the person who owns or tenants the land (the recorded person)—
i
does so as a partner in a partnership or on its behalf, or
ii
is a partnership, and
b
the associate—
i
is a general partner of the recorded person, but is not registered as owning or leasing the land,
ii
is a general partner of another partnership which is (of itself) a partner of the recorded person,
iii
is an individual who has significant influence or control over a relevant entity which is a partner of the recorded person,
iv
is an individual who has the right to exercise, or who actually exercises, significant influence or control over the recorded person or a partnership in which the recorded person is a partner.

Exceptions
4
This Part does not apply to a person where that person’s relationship to the partnership is only that of—
a
a paid professional advisor to the partnership (such as a solicitor or an accountant),
b
a creditor of the partnership (such as the holder of a standard security),
c
an administrator of the partnership in insolvency proceedings, or
d
a member of the judiciary presiding over proceedings in connection with the partnership.

Interpretation of Part 2
5
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 unilaterally take or veto decisions about the governance and running of a partnership,
ii
has the right to appoint or remove any partners of a partnership without application to a court, or
iii
is able to influence the decision-making of a partnership without holding any formal governance position within the partnership, particularly in respect of the partnership’s dealings with land,
c
for the purposes of paragraph (3)(b)(iv), a person (A) does not exercise significant influence and control over a recorded person or the partnership if A is also a recorded person under paragraph 3(a).
Sch. 1 para. 3 in force at 1.4.2022, see reg. 1
Sch. 1 para. 4 in force at 1.4.2022, see reg. 1
Sch. 1 para. 5 in force at 1.4.2022, see reg. 1