Duties of Register of Persons Holding a Controlled Interest in Land

This article explains the various duties of the Register of Persons Holding a Controlled Interest in Land (RCI) regulations. This includes the duties of those who maintain the register and those who must submit information to it.

Duties of the recorded person

Any owner or tenant of land referred to in RCI as a recorded person is required to submit information to RCI.

For RCI, most duties are with the recorded person.

Information about recorded persons and how to identify them is available in the about recorded persons article.

Information needed from the recorded person for RCI

Each recorded person must provide:

  • their own required details
  • details of the land
  • required details of associate

After 1 April 2023, this will need to be done within 60 days from the date the associate became their associate. It is an offence if the recorded person does not comply with their duties unless there is a reasonable excuse for not doing so.

Information on multiple associates

Information must be given to RCI on all associates of the recorded person in relation to the land.

If there are multiple instances of the same person being an associate of a recorded person through different ways, for example, as a trustee and as holding an office or position in an unincorporated body. For that land they will only need to give the details of the associate once.

Duties of the recorded person to notify associates

Before the recorded person provides this information to the keeper, they must verify the associate details with the associate and inform the associate about their duties and rights. This includes:

  • the timescales for responding
  • the offences for failure to comply
  • the right to make a security declaration
  • the duty to inform the recorded person about any changes to their details

It is recognised that there may be occasions where the recorded person, despite having taken reasonable steps to obtain or verify the accuracy of the required details of the associate, has been unable to do so. If that is the case the recorded person must inform the keeper of this via the online service, as this will be considered a reasonable excuse for failure to provide verified information.

Once a recorded person has made the submissions to the keeper, the recorded person must notify the associates added and inform them about their rights and duties. The recorded person must do this within 7 days of their submission. The online service provides a mechanism for this information to be downloaded which can be used for notification purposes.

In the case of trusts and unincorporated bodies, where the current trustees are both the recorded persons and associates, the recorded person does not need to notify the other associates that are also both recorded persons and associates, of the submission to the RCI. Further information on this  can be found in the trusts and unincorporated bodies articles.

Duties of a recorded person to notify the keeper of RCI of changes

Information about recorded persons and how to identify them is available in the about recorded persons article.

When events happen that affect information held on the register, the recorded person must inform the keeper of those changes. The following table shows what information needs to be given to RCI in certain situations to update the RCI entry to reflect the change.

Change

Information to be given to RCI by the recorded person

a recorded person becoming aware that a person notified as being an associate, ceases to be an associate

  • the recorded person’s name and address
  • the title number of the land, or where there is no title number, a description of the land that the recorded person owns or tenants which is sufficient for it to be identified,
  • the former associate’s required details
  • the date, if known, on which the former associate ceased to be an associate

a recorded person ceasing to be a recorded person of the land

  • the recorded person’s name and address
  • the title number of the land, or where there is no title number, a description of the land that the person owns or tenants which is sufficient for it to be identified
  • the date on which the recorded person ceased to be a recorded person

a recorded person becoming aware that any other information previously supplied to RCI about them has changed

  • the recorded person’s name and address
  • the title number of the land, or where there is no title number, a description of the land that the recorded person owns or tenants which is sufficient for it to be identified
  • the change to the information
  • the date, if known, on which the change occurred

After 1 April 2023, this will need to be done within 60 days from the date the change happened. Unless the recorded person has a reasonable excuse for not doing so, it is an offence if the recorded person does not comply with their duties.

Duties of associate

Information about associates and how to identify them is available in the about associates article.

If an associate has had their details added to RCI and needs them to be hidden from public view, they can raise a security declaration. The associate can do this through RCI by submitting related evidence to the keeper. More information on hiding an associate's details from public view can be found in the security declarations article.

After 1 April 2023, it will be an offence for the associate to not fulfil their required duties within the stated timelines.

When contacted by a recorded person about RCI

When an associate is contacted by a recorded person to verify their details, it is the associate’s duty to:

  • confirm that they are an associate with a controlling interest
  • supply any of the required details, for example, date of birth or contact address
  • confirm that the details the recorded person has about the associate are correct

If an associate has not been notified of RCI

If an associate has not been notified by a recorded person about RCI, the associate is required to contact the recorded person to make sure they are aware of the associate's controlling interest.

After 1 April 2023, this will need to be done within 60 days from the date the association started. It is an offence if the associate does not comply with their duties.

This is intended to ensure that even when the person is not aware that they have an associate or are otherwise unable to identify an associate, then information about the associate will still be provided for inclusion in the Register.

If an associate’s details change

If any of the required details for RCI change or if the associate ceases to be an associate, they must let the recorded person know.  The associate must do this as soon as reasonably practicable.

Duties of RoS and the keeper

The official responsible for maintaining the Registers of Scotland (RoS) is the Keeper of the Registers of Scotland. It is the duty of the keeper to establish and maintain a register known as the Register of Persons Holding a Controlled Interest in Land.

The creation and maintenance of RCI

The keeper must:

  • establish and maintain a public register known as the Register of Persons Holding a Controlled Interest in Land
  • make an entry in the RCI, following receipt of the required information from a recorded person
  • remove an entry for a recorded person from the RCI if the keeper is given notice that the person has ceased to be an owner or the tenant of the land or the recorded person has no associates
  • make such other amendments to entries in the RCI as are necessary in certain circumstances
  • where required to amend an entry in the RCI, the keeper must do so as soon as reasonably practicable after receiving the documents or information to ensure the register is kept as accurate as possible
  • allocate a unique reference number in respect of each associate whose information is to be entered on the RCI, known as the associate reference number (ARN)
  • take reasonable steps to protect the RCI from interference, unauthorised access, and damage
  • make the information contained in the RCI available by such means as the keeper considers appropriate
  • provide the date of an entry being made to RCI
  • provide to the Scottish Ministers any information they may require for the purposes of monitoring the operation and effectiveness of RCI

Searching the register

The keeper must ensure that a person can search RCI for data by reference to information in relation to:

  • the land - its title number, or a description that is sufficient for it to be identified
  • the recorded person - the person’s name or, if applicable, registered number
  • the associate - the associate’s name, registered number, or associate reference number (ARN)

Security declaration

The keeper must:

  • decide, based on the evidence produced, if it was reasonable for the security declaration to have been made
  • notify the associate, and any recorded person of the associate, of the keeper’s decision as soon as reasonably practicable after making the decision
  • give a notification to the associate that includes the reasons for the decision, and if the decision is that it was not reasonable for the security declaration to have been made, include information about the right to appeal
  • revoke a security declaration after receiving notice

Appeals against decisions about security declarations

The keeper must:

  • on receipt of the grounds of appeal, amend the RCI to enter a note of the appeal wherever the security declaration is recorded in the RCI
  • remove the note when the appeal is determined
  • give effect to the Lands Tribunal for Scotland’s determination of an appeal

Duties in the event of death

In the event of the death of individuals who are either a recorded person or associate there are specific duties in RCI. More information of duties when a natural person dies can be found in the executries article.

Duties in the event of winding up or dissolution

When a recorded person or associate is a non-natural person, there are specific duties in RCI.

If an entity that is entered in RCI is wound up or dissolved, duties are placed on the person responsible for dealing with the assets and liabilities of the entity. This is, likely to be an administrator or liquidator.

If the entity is a recorded person

The person responsible for dealing with the assets and liabilities of the entity must notify the keeper as soon as reasonably practical.

They will be required to provide the keeper with:

  • the recorded person’s name and address
  • the title number if the affected land is registered within the land register or a sufficient property description if the land is recorded within the Registers of Sasines
  • the date of the recorded person’s winding up or dissolution
  • information confirming that the recorded person has been wound up or is dissolved, this can take the form of the liquidator's appointment or information from Companies House that the entity has been dissolved

If the entity is an associate

The person responsible for dealing with the assets and liabilities of the entity must inform the recorded person of the winding up or dissolution as soon as reasonably practicable. The recorded person will then notify the keeper that the associate has ceased to be an associate.

The person responsible for dealing with the assets and liabilities of the entity will be required to provide the keeper with:

  • the recorded person’s name and address
  • the title number if the affected land is registered within the land register or a sufficient property description if the land is recorded within the Registers of Sasines
  • the former associate’s details
  • the date of the former associate’s winding up or dissolution, if known

Was this page helpful?