About security declarations

In RCI the person that has significant influence or control over the land, known as the associate, may want to hide their details from being publicly searchable in the register.

The associate can request this if having their details available on the register would put them, or an individual connected to them, at risk of:

  • violence or abuse
  • the threat of violence or abuse
  • intimidation

The right to make a security declaration is intended to ensure that no one is put at serious risk through the inclusion of their information in the register, for example, victims of domestic abuse.

Who can make a security declaration?

Security declarations can only be made by associates who are individuals. A non-natural person cannot request a security declaration.

When can a security declaration be made?

Security declarations can be made at any time, but the associate must be able to provide supporting evidence.

It is the duty of the owner or tenant of land, known as a recorded person, to inform an associate of the associate’s right to make a security declaration. This must be done before the recorded person makes their entry in RCI. More information can be found in the duties article.

When an entry has been submitted to the keeper, there is a 30-day period before the keeper must show the entry on the public register. To make sure their details are never public in RCI, the associate must raise a security declaration in this period.

Information and evidence required for a security declaration

Information

To make a security declaration, the keeper requires the associate’s:

  • name
  • date of birth
  • associate reference number (ARN), this will be allocated the first time the associates details are entered in RCI
  • email address

When making a security declaration the associate must also inform the keeper:

  • that the supporting evidence is included or that the associate is taking reasonable steps to obtain the evidence
  • of the date the security declaration is made

Where an associate is also a recorded person

Associates may also be a recorded person if they are being treated as an owner/tenant of land since all trustees or office bearers of a trust or unincorporated body have ceased to be trustees or office bearers.

In this instance, the associate must tell the keeper this in the security declaration. This will ensure their details that have been submitted to RCI as a recorded person will also be hidden. They must also provide details of the land to which the security declaration will apply.

Information

Submitting supporting evidence ensures that only legitimate security declarations are accepted.

Suitable evidence includes:

  • Order
  • Interdict
  • Injunction
  • Special Measure
  • Attestation

The evidence is set out in Schedule 3 of the RCI regulations. This mirrors what is required for the anonymous voters registration.

If you are unable to provide evidence

An associate must provide supporting evidence within 60 days of making their security declaration. This is set out in the RCI regulations and should give individuals enough time to obtain and provide the required evidence.

If an associate fails to produce evidence within 60 days of making the security declaration, the security declaration ceases to have effect at the end of this period.

An associate should only make a security declaration if they are able to provide supporting evidence.

There may be an occasion where the associate is not able to obtain the evidence listed. In that case, the associate must inform the keeper before the 60 day period ends. The keeper will then consider alternative appropriate evidence.

How to submit a security declaration

  1. Download and complete the security declaration form
  2. Submit by email to RCISecDec@ros.gov.uk
  3. Once a security declaration has been made, the associate must send a copy to the recorded person.
  4. The associate should keep a copy of the security declaration for their own needs.

Information should not be submitted via post or emailed to another Registers of Scotland (RoS) email address. Only forms and evidence submitted directly to RCISecDec@ros.gov.uk will be considered.

Completing the security declaration form

The associate is required to sign the security declaration form.  A scanned image of a written signature is acceptable.

If a solicitor is acting on behalf of the associate or has a power of attorney, then the solicitor or attorney can sign the security declaration on the associate's behalf. In this situation, details of the solicitor or attorney must be provided on the security declaration form.

When will a security declaration take effect?

The security declaration is in effect the day the keeper receives it. On this day, a note will be added to the relevant RCI entry stating that a security declaration has been made. The associate’s details will be hidden while the keeper makes a decision on the evidence.

The keeper does not determine whether an individual is at serious risk. Instead, the keeper decides whether:

  • the evidence submitted meets the requirements for that specified in Schedule 3 of the regulations
  • or not it was reasonable for the security declaration to have been made, based on the evidence provided
  • When deciding if it was reasonable for the security declaration to have been made, the keeper may request further information and documents.

The regulations do not specify how long the keeper has to make a decision on the security declaration evidence. However, priority will be given once evidence is submitted.

What happens when a decision is made about the evidence?

Once a decision has been made on the security declaration evidence, the associate and the recorded person will be notified by email of the outcome and the reasons for that outcome. The keeper must do this as soon as reasonably practicable after making the decision.

If the keeper’s decision is to accept the security declaration

If the keeper’s decision is to accept the security declaration, the associate’s details will remain hidden on RCI until the associate revokes it.

If an associate has a security declaration in effect, and then later becomes an associate for another recorded person, the associate must:

  • tell the recorded person that they have a security declaration in effect
  • give a copy of the security declaration to recorded person so they can include it in their RCI submission

If the keeper’s decision is to reject the security declaration

If the keeper’s decision is to reject the security declaration, the associate’s details will remain hidden from RCI for 30 days from the date of the decision notification.

Appeals

The associate has the right to appeal the keeper’s decision to the Lands Tribunal for Scotland (LTS).

The appeal must be:

  • made within 30 days of the decision notification, and
  • must be on a question of fact or on a point of law

The associate must inform the keeper within 7 days of making their appeal. A note will be added to RCI that the security declaration is subject to an appeal.

If the associate appeals, their details will remain hidden from the RCI until 30 days after the LTS reach an outcome. The LTS will inform the keeper of the result of the appeal. The keeper will then update the RCI submission based on this result.

Further information on how to appeal can be found in the appeals article.

Revoking a security declaration

An associate may revoke their security declaration at any time if the security declaration is no longer valid. They must give notice of the revocation to the keeper as soon as is reasonably practicable.


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