In September, the Scottish Government published its consultation on the proposals to bring forward a register of controlling interests in land.
This follows on from Section 39 of the Land Reform (Scotland) Act 2016, which requires the Scottish Government to make provision for such a register with the aim of improving transparency in land ownership in Scotland.
The consultation identifies a number of issues that are being considered and need to be resolved in developing the regulations to deliver a register of controlling interests in land, including:
- the definition of a "controlling interest" in relation to a land owner or tenant - the consultation suggests that decision-making control may be more relevant than financial benefit and looks to the "people with significant control" framework recently introduced for UK companies;
- the type of land that will be covered - it is proposed that all land in Scotland will be covered, irrespective of land use, urban or rural location, or whether or not it is built upon; and
- where the information should be held - as the Land Register is incomplete, it is likely that a new public register will be created and maintained by Registers of Scotland.
The deadline for responding to the consultation is 5pm on 5 December 2016. The consultation paper can be accessed here.
We would also be happy to hear from you with your views on the consultation and the Government's proposals.
If you have any questions, please do not hesitate to get in touch with Scott Logan or your usual Brodies contact.
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