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Improving Transparency in Land Ownership in Scotland - Consultation Analysis

DescriptionThe analysis of the Improving Transparency in Land Ownership in Scotland consultation.
ISBN9781786529183
Official Print Publication Date
Website Publication DateJune 28, 2017

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ISBN 978 1 78652 918 3 (Web only publication)
PPDAS 264386

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Contents

1. Executive Summary
Defining controlling interest
Scope of the regulations
Where the information should be held and what information should be disclosed
The duty to provide information
Sanctions and enforcement
Challenge and exemptions
Assessing impact

2. Introduction
Consultation responses
Analysis of responses

3. Workstream 1: Defining Controlling Interest
Transparency of land ownership and controlling interests in Scotland
Question 1: Do you have any comments about making information about
persons with controlling interests in owners and tenants of land available?
Views in general support
Concerns and considerations
Question 2: In your view, taking into consideration the contents of Chapter 2 of the consultation and the associated Annex C, what are the key considerations that Scottish Ministers should take into account in defining a "controlling interest" or "persons with controlling interests in land owners and tenants" for the purposes of these regulations?
General views
Views on the PSC framework
Other suggested frameworks
Other considerations

4. Workstream 2: Practical Aspects - Scope
Question 3: In your opinion, should the regulations apply to all types of uses of land? Yes/No. Please give details.
Question 4: Do you think that particular categories of land should be exempt?
Question 5: If yes, please give details.
Question 6: In your view, for the purposes of these regulations, should "land" have the same meaning used for Land Registration purposes? Yes/No. Please give details.
Question 7: In your opinion, should the regulations also apply where the proprietor of land is not recorded in the Register of Sasines or registered in the Land Register because either:
I. The property was acquired prior to the Register of Sasines commencing in 1617; or
II. They have acquired a personal right to property but have not yet registered the deed in their favour in the Land Register?
Question 8: In your opinion, should the regulations apply where a tenant in a high value lease that is not a long lease (a lease of 20 years or fewer) falls
within the definition of persons with controlling interests in land owners and tenants?
Question 9: In your opinion, are there instances where natural persons who
own land have an undisclosed relationship with another person who has a controlling interest in land? For instance, if the land in question is an asset
of a partnership or trust, or part of a trust arrangement?
Question 10: In the light of the contents of this consultation, and this chapter in particular, can you foresee any ways in which the obligations under these regulations could be avoided, and, if so, what could the Scottish Government
do to combat this?

5. Workstream 2: Practical Aspects - Where the information should be held and what information should be disclosed
Question 11: In your opinion, should a new register of persons with controlling interests in land owners and tenants be created? Yes/No
Question 12: What would the advantages be?
Question 13: What would the disadvantages be?
Information to be disclosed
Question 14: In your view, in addition to the names of "persons with controlling interests in land owners and tenants" should other information about them be disclosed? Yes/No.
Question 15: If yes, how would disclosure of that information fulfil the regulations' aim(s)?
Question 16: If no, why not?
Question 17: In your view, should information about the nature and extent of
a person's "controlling interest" be disclosed? Yes/No.
Question 18: In your view, should information about the nature and extent
of a person's "controlling interest" be disclosed on a public register? Yes/No. Please give details.
Question 19: If yes, how would this information fulfil the purpose of the regulations' aim(s)?
Question 20: If no, why not? Please give details.
Question 21: Thinking about the information which in your view should be disclosed, are you aware of any potential sensitivities relating to this? Yes/No. Please give details.
Question 22: If yes, in your view what are the advantages of keeping this information up to date?
Question 23: If no, why not? Please give details.
Question 24: In your view, are there instances in which the information about
the nature and extent of a person's "controlling interest" is commercially
sensitive and should not be revealed? Yes/No.
Question 25: If yes, please explain why you think that this information should
not be revealed.
Question 26: If no, why not? Please give details.

6. Workstream 3: The duty to provide information
Question 27: In your view, should a duty to provide information about persons with controlling interests in land owners and tenants apply to land owners and tenants with titles in the Land Register or Register of Sasines and:
1. Land owners and tenants where the property was acquired prior to the Register of Sasines commencing in 1617?
2. Land owners or tenants who have acquired a personal right to property,
but have not yet registered the deed in their favour in the Land Register?
3. Tenants in a high value lease that is not a long lease (a lease of
20 years or fewer)? Yes/No
Views on applying the duty to land owners and tenants where the property
was acquired prior to the Register of Sasines commencing in 1617
Views on applying the duty to land owners and tenants who have not yet registered the deed in their favour in the Land Register
Views on applying the tenants in a high value lease that is a lease of 20 years or fewer
Question 27: If no, why not?
Question 29: If yes, in your view what are the advantages of this
arrangement?
Question 30: If yes, in your view what are the disadvantages of this arrangement?
Question 31: In your view, should a duty to provide information apply to the "person with the controlling interest"? Yes/No.
Question 32: If no, why not?
Question 33: If yes, in your view what are the advantages of this
arrangement?
Question 34: If yes, in your view what are the disadvantages of this arrangement?
Question 35: In your view or experience, are there parties who serve as intermediaries between registered proprietors and persons with a controlling interest in land? Yes/No.
Question 36: If yes to Q35, in what scenarios do you think that there are parties who serve as intermediaries between registered proprietors and persons with a controlling interest in land?
Question 37: If yes, in what capacity are there parties who serve as intermediaries between registered proprietors and persons with a controlling interest in land?
Question 38: In your view should a duty to provide information apply to such intermediaries? Yes/No.
Question 39: If no, why not?
Question 40: If yes, in your view what are the advantages of this arrangement?
Question 41: If yes, in your view what are the disadvantages of this?
Question 42: In your view, should the duty to disclose information about any person with a controlling interest in a land owner or tenant apply either when a person is a person with a controlling interest in a land owner or tenant when the regulations come into force, or becomes a person with a controlling interest in
a land owner or tenant when the regulations are in force?
Question 43: If no, why not?
Question 44: If yes, in your view what are the advantages of this
arrangement?

7. Workstream 3: Sanctions and enforcement
Question 45: In your view, should a civil penalty be imposed for failure to
comply with any of the duties contained in the regulations? Yes/No.
Please give details.
Question 46: In your view, should failure to comply with any of the duties contained in the regulations be a criminal offence? Yes/No. Please
give details.
Question 47: In your view, should an application for land registration be
rejected if the applicant fails to supply information about any "person with controlling interest"? Yes/No. Please give details.
Question 48: In your view, should an application for land registration be
rejected if the applicant fails to certify that no such "person with controlling interest" exists. Yes/No. Please give details.
Question 49: In your view, taking into consideration all of the sanctions and enforcement options set out in this chapter, what mechanisms would be most appropriate to enforce the duty to provide information? Please explain your answer.
Challenge and exemptions
Question 50: In your view, are there instances in which there should be exemptions? Yes/No.
Question 51: If no, why not?
Question 52: If yes, in your view what is the justification for such exemptions?

8. Assessing Impact
Equality
Question 53: Please tell us about any potential impacts, either positive or negative, that you consider the proposals in this consultation may have in respect of equality issues. Please be as specific as possible.
Business and regulation
Question 54: Please tell us about any potential costs and burdens that may
arise as a result of the proposals within this consultation, and any increase or reduction in the burden of regulation for any sector. Please be as specific as possible.
Privacy
Question 55: Please tell us about any potential impacts, either positive or negative, upon the privacy of individuals that may arise as a result of any of the proposals contained in this consultation. Please be as specific as possible.
Environmental
Question 56: Please tell us about any potential impacts, either positive or negative, that you consider that any of the proposals in this consultation may have on the environment. Please be as specific as possible.

Annex: List of Respondents
Private Sector and Professional Bodies
National Non-Governmental Organisations/Public Sector
Stakeholder Representative Groups
Local Government
Individuals