Approved extension to RCI submission period
An affirmative Scottish Statutory Instrument was laid by Scottish Government Ministers on 23 January 2023 proposing to extend the time period for compliance for RCI submissions by a period of 12 months. Scottish Parliament approved the instrument (on 16 March 2023), meaning that offence provisions will now take effect after 1 April 2024.
Find out more information from the Scottish Government and Scottish Parliament websites.
Ministers listened to concerns raised by some stakeholders, and recognised the wider challenges caused by issues such as Brexit, the pandemic, and the current economic pressures.
It was concluded that extending the transitional period by 12 months will ease the burden and give those in scope of the RCI more time to prepare.
RCI continues to be open to submissions.
Parliamentary approval of the instrument does not change the duty to register. All those in scope of the RCI are still expected to comply, and the 12-month extension means you have until 1 April 2024 to make your submission before offence provisions are commenced.
The RCI opened on 1 April 2022 and those in scope have an existing duty to register.
Ministers encourage everyone who is eligible to engage with the process as early as possible and give themselves plenty of time to register before the new 1 April 2024 deadline.
The extension of the period in which to submit does not impact on your duty to register or any submissions that have already been made to the RCI.
The Scottish Government and Registers of Scotland will work together to continue to raise awareness and help support stakeholders through the process during the extended transitional period.
When the Register of Persons Holding a Controlled Interest in Land (RCI) and the Register of Overseas Entities (ROE) were initially in policy development the view of both the Scottish Government and the UK Government was that double reporting should be avoided where possible.
Our current understanding is that this has not changed and that the Scottish Government will consider the extent of duplication with the ROE and then decide whether it is appropriate to amend the RCI regulations.
It’s important to note that in the meantime overseas entities that are in scope of RCI must register irrespective of ROE and make arrangements to comply with RCI legislation ahead of the transition period ending and criminal offences coming into force in April 2024.
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