Delegated Powers and Law Reform Committee

Meeting date: Tuesday, September 4, 2018

Official Report 617KB pdf

Instruments/documents laid for Consultation

Land Reform (Scotland) Act 2016 (Register of Persons Holding a Controlled Interest in Land) (Scotland) Regulations 2021—Proposed Draft Regulations (SG/2018/103) and Proposed Explanatory Document (SG/2018/104)

Agenda item 2 is consideration of a document laid for consultation.

The proposed draft regulations would create a new register—the register of persons holding a controlled interest in land—under section 39 of the Land Reform Scotland Act 2016.

Does the committee wish to draw the proposed draft regulations to the attention of the Parliament on reporting ground (h), as the meaning of paragraphs 15(a) to (c) of schedule 1 to the draft regulations could be clearer? The effect of the sub-paragraphs is to provide examples to explain the type of situation where significant influence or control may exist in respect of an overseas entity. Reference is made to “the company”. That could be clearer, as the provision is not intended to refer to United Kingdom companies.

Members indicated agreement.

There is also an instance of drafting that is not gender neutral. Draft regulation 7(1) refers to the keeper of the registers of Scotland as “she”.

Does the committee wish to draw the proposed draft regulation to the attention of the Parliament on that general ground?

Members indicated agreement.

Does the committee wish to note that the Government has undertaken to correct those matters in the next version of the draft regulations, which would be laid under section 40 of the Land Reform (Scotland) Act 2016?

Members indicated agreement.