The Land Reform (Scotland) Act 2016 introduced new powers to provide for the disclosure and publication of information about controlling interests in land owners and tenants across Scotland.
Following public consultation, the Scottish Government identified the following key issues to be considered and resolved in developing regulations to deliver a register of controlling interests:
• The definition of a “controlling interest” in relation to a controlling interest in a land owner or tenant;
• The scope of the regulations, the type of land they will apply to and the persons to whom the regulations will apply;
• Where the information about persons with controlling interests in land owners and tenants should be held;
• The information to be disclosed about persons with controlling interests in land owners and tenants;
• The duty to provide the information, and the associated sanctions and enforcement arrangements;
• The process for challenging the information that ultimately appears on the register, or any refusal to disclose information; and
• Any (limited) exemptions from disclosure that should be provided for under the regulations.
The Scottish Government published a consultation document on 11 September 2016 to seek wider views on these issues with responses invited by 5 December.
58 responses to the consultation were received, 33 from organisations and 25 from individuals. This is a summary of the views they contained.