Scottish Statutory Instrument SI 2021/85 United Kingdom

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

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Enforced by
Registers of Scotland
Status
In Force
Penalty ceiling
Prosecution 1 of 21 obligations carry a criminal penalty. 1 carries different penalties and 19 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person6 Farmer or Animal Keeper1 Trader1 Director or Officer1

Plus 12 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Farmer or Animal Keeper — also bound by 80 other Acts
Trader — also bound by 825 other Acts
Companies Act 2006 243 duties
Companies Act 1985 85 duties
Director or Officer — also bound by 429 other Acts
Companies Act 2006 126 duties

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.003 Register of persons holding a controlled interest in land Regulated
Other duties (1) — Crown / regulator
  • Keeper must establish and maintain the RCI registerCrown / Minister / Government department
s.004 Making of entries in the RCI Regulated
Other duties (1) — Crown / regulator
  • Keeper must make entries in the RCI after the statutory 30-day pauseCrown / Minister / Government department
s.005 Amendment of the RCI Regulated
Other duties (1) — Crown / regulator
  • Keeper must update the Register of Controlling Interests when notified of changesStatutory regulator
s.006 Timing of amending an entry Regulated
Other duties (1) — Crown / regulator
  • Keeper must amend RCI entry promptly after receiving documentsCrown / Minister / Government department
s.007 Associates – unique reference numbers Regulated
Other duties (1) — Crown / regulator
  • Keeper must allocate unique reference numbers to RCI associatesCrown / Minister / Government department
s.008 Protection of the RCI Regulated
Other duties (1) — Crown / regulator
  • Keeper must protect the Register of Controlled Interests from interference and damageCrown / Minister / Government department
s.009 Access to the RCI Regulated
Other duties (1) — Crown / regulator
  • Keeper must make the RCI publicly searchable and accessibleCrown / Minister / Government department
s.010 Duty to notify of controlled interest and associates Regulated
  • Notify Registers of Scotland about your controlled-interest land and associatesAny Person
s.012 Information about events affecting the RCI Regulated
  • Notify Registers of Scotland when RCI details changeAny Person
s.013 Notification of associates about registration Regulated
  • Notify associates within 7 days of registration noticeFarmer or Animal Keeper
s.014 Associate’s duty to notify of association Regulated
  • Give notice to landowner or tenant of your associate statusAny Person
s.015 Duty of associate to provide information upon request Regulated
  • Associates must verify their details when asked and notify of changesAny Person
s.016 Security declaration Regulated
Other duties (1) — Crown / regulator
  • Keeper must decide and notify on security declarationsCrown / Minister / Government department
s.017 Revocation of security declarations Regulated
  • Revoke security declaration when it is no longer valid or evidence cannot be obtainedAny Person
s.018 Appeals against decisions about security declarations Regulated
Other duties (1) — Crown / regulator
  • Keeper must record appeals in RCI and implement tribunal decisionsCrown / Minister / Government department
s.019 Referrals Regulated
Other duties (1) — Crown / regulator
  • Lands Tribunal must notify parties of its decision on RCI referralsTribunal / Court
s.020 Offence of giving false or misleading information Prosecution
  • Give false or misleading information in land register documentsAny Person

Unlimited fine

s.022 Individual culpability where organisation commits offence Regulated
  • Be personally liable for company offence if you consented, connived or neglectedDirector or Officer
s.023 Notification of Keeper on event of death, winding up or dissolution Regulated
  • Notify Keeper or recorded person when interest-holder dies or is wound upTrader
s.024 Specified forms Regulated
Other duties (1) — Crown / regulator
  • Keeper must publish forms for the Register of Persons Holding Controlled InterestCrown / Minister / Government department
s.025 Provision of information by the Keeper to Scottish Ministers Regulated
Other duties (1) — Crown / regulator
  • Keeper must provide information to Scottish Ministers when requiredCrown / Minister / Government department
6 other provisions — procedural and definitional
s.001 Citation and commencement
s.002 Interpretation
s.011 Required details of an associate
s.021 Defence to false or misleading information offences
s.023 Provision where titles refer to former owner or tenant: trusts and unincorporated associations
s.026 Application of these Regulations
Schedules

Schedules

0 of 31 shown
31 other schedules
s.sch001 Application
s.sch001 Exceptions
s.sch001 Interpretation of Part 4
s.sch001 Application
s.sch001 Exceptions
s.sch001 Interpretation of Part 5
s.sch001 Examples of significant influence and control include, in particular, where—...
s.sch001 “Legal entity” means a body corporate, partnership or an unincorporated...
s.sch001 “Overseas entity” means a legal entity, other than a person...
s.sch001 (1) For the purposes of paragraphs 19 and 23, “arrangement”...
s.sch001 (1) If rights held by a person or rights held...
s.sch001 Exceptions
s.sch001 (1) A reference to the voting rights in an overseas...
s.sch001 (1) A reference to a power to appoint or remove...
s.sch001 (1) A person holds a right “indirectly” if the person...
s.sch001 (1) Where a person controls a right, the right is...
s.sch001 (1) Rights that are exercisable only in certain circumstances are...
s.sch001 (1) An individual does not meet a condition mentioned in...
s.sch001 Application
s.sch001 Exceptions
s.sch001 Interpretation of Part 2
s.sch001 Application
s.sch001 Exceptions
s.sch001 Interpretation of this Part
s.sch001 Application
s.sch002 Charitable incorporated associations
s.sch002 Companies and other bodies corporate
s.sch002 Public authorities
s.sch002 Partnerships other than general partnerships
s.sch003 Orders and interdicts
s.sch003 Attestations

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.