Draft regulations published for register of controlling interests

The new Register of Persons Holding a Controlled Interest in Land in Scotland has come a step closer with the publication of draft regulations covering how the register will operate.

Created by the Land Reform (Scotland) Act 2016, the register is aimed at increasing public transparency in relation to individuals who have control over decision-making in relation to land, particularly where hidden behind corporate structures, sometimes overseas-controlled. They are intended to ensure there can no longer be categories of landowner or tenant where, intentionally or otherwise, control of decision making is obscured.

Duties will be placed on owners and tenants of land, and persons who can influence or control them, to provide information for inclusion in the register. This information will enable members of the public to engage with the respective parties. It will be a criminal offence not to comply with the duties, punishable by a fine.

The register will be created and held by the Keeper of the Registers of Scotland.

Questions on which views are particularly invited on the draft regulations are:

• Is the proposed register going to deliver the desired outcome?
• Are we proposing to register the right people?
• How can we ensure that the register is easy to use and that information about the control of land in Scotland is accessible?

The 2016 Act requires consultation on the proposed draft regulations for a period of 60 days, not including periods of parliamentary recess. The consultation will therefore run until 8 November 2018.

Click here to access the consultation.